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PADD-Protection & Advocacy for People with Developmental Disabilities

Purpose

To protect and advocate for persons with developmental disabilities in order to prevent or redress abuse, neglect and serious rights violations, including violations of state, federal and Constitutional law.

Eligibility

An individual who has a severe disability which is manifested before the age of 22 and results in substantial limitations in 3 or more specified major life activities, or an individual before the age of 9 who does not have 3 or more such limitations if he or she has a substantial developmental delay who without support would have a high probability of developing those limitations late in life.

Priorities

The PADD Advisory Council votes every year on a list of priorites for the PADD program. All VP&A work must fall under one of the priorities. The priorities for 2008 are as follows:

  • Health:  Full implementation of EPSDT funded services for children with disabilities.
    • Objective: Individual and Systems Advocacy
  • People with disabilities have access to needed health care/long term care; children with mental health needs will receive needed services and supports.
    • Objective: Individual Advocacy: Represent individuals with disabilities seeking access to needed health care/long term care. Represent children with mental health needs in obtaining access to needed services and supports.
  • Education: Students with disabilities are not harassed;  are not unlawfully disciplined, suspended or expelled from their educational program; and receive an appropriate transition from school to employment and independent living.  Resources permitting: Students with disabilities are identified, evaluated, and receive a free and appropriate public education and related services;
    • Objective: Individual Advocacy: give advice to those who are harassed; give advice or represent children who have been disciplined, suspended or expelled from school because of disability-related behavior; give advice or represent students who are transitioning from school to adult services. Where resources permit: in selected cases, , give advice or represent children who are not receiving a free and appropriate public education and related services.
  • Quality Assurance:  People with disabilities have access to appropriate services/supports in the least restrictive setting.
    • Objective: Individual Advocacy: Work with Vermont Ombudsman Project to identify people with developmental disabilities in nursing and long-term care homes in Vermont for whom appropriate services/supports may be available in less restrictive settings.  Advocate to obtain home and community based services and supports.  Represent in select Choices for Care appeals.
  • Children at the Brattleboro Retreat will receive protection and advocacy services. Other residential settings will be addressed as resources permit.
    • Objective: Working with the Mental Health Law Project of VLA, VP&A will provide outreach, advocacy and legal assistance to children on the Tyler 3 unit of the Brattleboro Retreat and other institutional or residential settings.  VT P&A will work collaboratively with the Retreat on their efforts to eliminate use of seclusion/restraint in their facilities.
  • Access to Developmental Services for children with developmental disabilities.
    • Objective: Individual and systems advocacy to assure access to developmental services for children with developmental disabilities.
  • Guardianship: Protection of legal rights in guardianship proceedings.  People with developmental disabilities do not have unnecessary guardianships
    • Objective: Systems Advocacy: Revisions to probate court guardianship statute. Individual Advocacy in select cases accepted for representation.
  • Social Security Benefits:  Access to and preservation of SSI benefits for income eligible children under age 18 or turning 18 whose benefits are terminated or denied on the basis of disability.  Maintain maximum Social Security benefits for individuals who are disabled and working.
    • Objective: Individual Advocacy - Provide representation at administrative hearings where issue is disability, or where client is working and disabled and issue is overpayment or CDR.
  • Title II ADA Enforcement and Education:  Increased accommodations for people with disabilities in government services, Reach Up, emergency planning, judicial and corrections systems - including people with disabilities who have been victims of crime, and parents with disabilities.
    • Objective: Provide advocacy and legal services in response to client complaints about lack of accommodations in government services.  Insure that state emergency planning includes the needs of people with developmental disabilities.
  • Title III ADA Enforcement and Eduction: Individuals with disabilities will have increased access to businesses open to the public.
    • Objective: Provide advocacy and legal services in response to client complaints about accessibility of public facilities.
  • Communication Support Project (Joint priority with DDC and UCE):  People with developmental disabilities receive communication support in judicial and other proceedings
    • Objective: Systems Advocacy: Provide technical assistance to Communication Support Project
  • Self Determination:  People with disabilities make meaningful and informed choices about their services and supports.

  • Abuse Neglect & Exploitation: Adults and children with developmental disabilities living independently, in institutions, or in parental, family , group or developmental homes, are free from abuse, neglect or rights violations.
    • Objective: Individual and systems advocacy.  Referrals to Adult Protective Services.
  • Housing:  People with disabilities receive needed accommodations in housing.
    • Objective: Individual Case Representation in conjunction with VLA’s Fair Housing Project.
  • Employment:  People with disabilities  will not be discriminated against in hiring, employment and advancement
    • Objective: Ongoing advice and individual case representation, where client needs assistance due to disability,  in Attorney General’s or Human Right’s Commission’s investigation and mediation processes.
  • Transportation:  People with disabilities have access to accessible transportation.
    • Objective: Systems Advocacy and Individual Case Representation
  • Public Education/Training:  Increase awareness and self-advocacy re rights of people with disabilities.
    • Objective: Provide training on topics related to PADD priorities (within available resources) to consumers, families, advocates, service providers & the general public.
  • Increase public awareness of disability law issues and Disability Law Project
    • Objective: Increase number of articles on these topics in The Independent, in the mainstream media, and through other fora.
  • Ongoing Individual Advocacy:  Abuse, Neglect, Exploitation; Public Benefits; Special Education; Employment; Guardianship Americans with Disabilities Act.

  • Information and Referral on Legal Issues Arising Out of Disability:  Provision of information, referral, counsel and advice or brief service.
    • Objective: Outreach through news articles, distribution of DLP pamphlets and meetings with advocacy organizations. Develop/Update DLP web site.
  • Technical Assistance to Private Attorneys:  Technical Assistance to Private Attorneys on disability related issues.
    • Objective: Respond to requests for assistance.
©Vermont Protection & Advocacy 2007