GOAL: The PADD will promote the provision of a free, appropriate public education to eligible students with developmental disabilities.
INDIVIDUAL ADVOCACY OBJECTIVES:
Provide direct advocacy services to students when there is an actual or proposed total exclusion from needed direct or related services, or where lack of services poses a significant threat to health or safety.
Provide direct advocacy services to students when systemic issues are presented by proposed or actual denial of services.
Provide direct advocacy services to students when there is actual or proposed expulsion or long-term suspension from school without alternative education.
Educate and empower students and parents through provision of technical assistance in response to inquiries.
SYSTEMIC ADVOCACY OBJECTIVES:
Collaborate with GACEC, DDC, and SCPD in analyzing proposed State legislation, regulations and selected policies with significant impact on special education, including accountability, diploma eligibility, transportation, discipline, IDEA eligibility, summer school, charter school admissions and practices and inclusion-related initiatives.
In conjunction with GACEC, promote consumer-oriented implementation of the IDEA, Section 504 and State regulations and standards through analytical commentary on proposed regulations, standards, policies and publications.
Educate and empower parents, students, and professionals by conducting training in procedural and substantive special education entitlements.
OUTCOME MEASURES:
As a result of DLP intervention, a minimum of 40 students with disabilities will secure or maintain a more appropriate education.
As a result of DLP intervention, a minimum of 15 laws, regulations, or policies will be changed and other barriers to appropriate education reduced.
II. HOUSING; COMMUNITY LIVING
GOAL: The PADD will decrease housing discrimination based on disability and increase viable housing opportunities for constituents.
INDIVIDUAL ADVOCACY OBJECTIVES:
Provide direct advocacy services to individuals aggrieved by significant violations of fair housing laws in coordination with CLASI's recently established fair housing program.
Exclusive of routine evictions, provide direct advocacy services to tenants threatened with eviction when attributable to disability.
SYSTEMIC ADVOCACY OBJECTIVES:
In conjunction with ARC and DDC, foster consumer-oriented implementation of 2007-2012 DDDS Strategic Plan including promotion of Medicaid waivers (e.g. family support) to expand availability of community supports.
In collaboration with DDC , CDS, and SCPD, reduce barriers to supported living through the following: a) revision of restrictive DDDS client eligibility regulations; b)implementation of housing-related recommendations in the July 17, 2007 report of the Governor's Commission on Community-based Alternatives for Persons with Disabilities established by Executive Order 50 (September 29, 2003);c) participation in the Commission's Housing Committee; d)deterrence of restrictive local zoning initiatives;and e)expansion of State attendant services, caregiver, respite, and other programs providing independent living supports.
Empower consumers and advocates through training in fair housing standards and enforcement.
OUTCOME MEASURES:
As a result of DLP intervention, 15 persons with disabilities will secure equal access to or maintain housing.
As a result of DLP intervention, 10 laws, regulations, or policies will be changed and other barriers to housing reduced.
III. HEALTH & FINANCIAL BENEFITS
GOAL: The PADD will advocate for preservation and enhancement of constituent access to public health and financial benefits with emphasis on Medicaid and children's SSI.
INDIVIDUAL ADVOCACY OBJECTIVES:
Provide direct advocacy services to children in SSI cases involving systemic issues, termination of benefits or denial of eligibility.
Provide direct advocacy services to children aggrieved by denial of Medicaid eligibility or curtailment of important Medicaid services.
Provide direct advocacy services to SSI and SSDI recipients subject to inappropriate support orders.
SYSTEMIC ADVOCACY OBJECTIVES:
In collaboration with ARC and NAMI Delaware, provide technical assistance and support for implementation of community trust enabling legislation through Delaware CarePlan Inc.
In collaboration with DDC and CDS, promote implementation Centers for Disease Control-funded project to prevent secondary health conditions among persons with disabilities.
In collaboration with the DDC and SCPD, foster expanded access to health care through governmental programs including analytical promotion of legislation to create a State-subsidized insurance pool (S.B. No. 6; H.R. 38) and expand CHIP financial eligibility (H.B. No. 128).
Monitor and promote consumer-oriented implementation of Medicaid managed care system and policies and improvements in overall Medicaid program (e.g. adoption of Medicaid Buy-in; coverage of adult dental services; reduction of residency-based eligibility barriers through Duffy v. Meconi, C.A. No. 05-127 (D.Del. pending); and enhanced consideration of federal standards in Medicaid fair hearings through Urban v. Meconi, No.439, 2006 (Del. pending).
Foster improvement in state-regulated insurance system, including enactment of health insurance rate regulation legislation (S.B. No.37).
OUTCOME MEASURES:
As a result of DLP intervention, 25 persons with disabilities will secure or maintain access to health care.
As a result of DLP intervention, 20 persons with disabilities will secure or maintain access to financial benefits (e.g. SSI).
As a result of DLP intervention, 15 laws, regulations, or policies will be changed and other barriers to financial and health care benefits reduced.
IV. ABUSE & NEGLECT IN LICENSED RESIDENTIAL SETTINGS
GOAL: Protect the rights of residents of institutions and licensed residential settings under state and federal patient rights statutes.
INDIVIDUAL ADVOCACY OBJECTIVES:
If not duplicative of investigation by other public entities (e.g. Ombudsman; DLTCRP; Attorney General's Office), investigate incidents of individual abuse or neglect in institutions and licensed residential settings as reported to the PADD.
Provide direct advocacy services to individuals aggrieved by a substantial violation of a patient rights statute which provides the opportunity for systemic reform, including involuntary termination from community-based residential settings without due process.
Provide direct advocacy services to promote deterrence of unnecessary institutionalization proscribed by Olmstead.
SYSTEMIC ADVOCACY OBJECTIVES:
Collaborate with ARC, DDDS, and DDC to improve DDDS congregate living arrangements through monitoring system utilizing volunteers, including family members and consumers.
Review DDDS client deaths, screen restrictive procedures, monitor DDDS quality control, and submit individual and systemic recommendations through participation in DDDS Mortality Review Committee and Human Rights Committees ("HRCs").
Collaborate with DDC as follows:
review and follow up on all intermediate care facility/mental retardation ("ICF/MR") deficiency reports; and
analyze and comment on legislation, regulations, and selected policies with significant impact on abuse or neglect in residential settings.
OUTCOME MEASURES:
The DLP will participate in 5 investigations of abuse;
The DLP will participate in 5 investigations of neglect;
DLP intervention will contribute to 5 positive changes in laws, regulations, or policies concerning abuse in institutions and licensed residential settings.
DLP intervention will contribute to 5 positive changes in laws, regulations, or policies concerning neglect in institutions and licensed residential settings.
V. GOVERNMENT PROGRAMS & SERVICES
GOAL: The PADD will sustain and promote non-discriminatory and effective access to governmental programs.
INDIVIDUAL ADVOCACY OBJECTIVE:
Provide direct advocacy services if an individual has been prevented from effectively accessing important governmental programs based on systemic policy or barrier(s) contrary to federal or State law.
Provide direct advocacy services if familial integrity is jeopardized by State agency action based on disability-based functional limitations.
SYSTEMIC ADVOCACY OBJECTIVE:
Collaborate with SCPD, DDC, and State ADA Coordinator to reduce statutory, regulatory, policy, and accessibility barriers and foster effective constituent access to governmental programs, including enforcement of recently revised equal accommodation statute, and enhancement of program accommodations and physical plant accessibility within correctional settings.
OUTCOME MEASURES:
As a result of DLP intervention, 12 persons with disabilities will secure non-discriminatory or equal access to government services.
As a result of DLP intervention, 10 laws, regulations, or policies will be changed and other barriers to government services will be reduced.
VI. ACCESSIBILITY; PUBLIC ACCOMMODATIONS
GOAL: The PADD will sustain and increase effective access to public accommodations.
INDIVIDUAL ADVOCACY OBJECTIVE:
If not duplicative of PAIR program advocacy, provide direct advocacy services to individuals prevented from accessing important public accommodations because of policies or physical barriers proscribed by federal or State law.
SYSTEMIC ADVOCACY OBJECTIVE:
Collaborate with the SCPD to identify and reduce systemic policy and physical barriers in public accommodations.
OUTCOME MEASURES:
As a result of DLP intervention, 10 persons with disabilities will secure equal access to public accommodations.
As a result of DLP intervention, 8 laws, regulations, or policies will be changed or other barriers to public accommodations will be reduced.
VII. EMPLOYMENT
GOAL: The PADD will advocate against employment discrimination based on disability and promote employment opportunities for constituents.
INDIVIDUAL ADVOCACY OBJECTIVE:
Provide technical assistance materials and attorney referral information to individuals alleging disability-based employment discrimination.
SYSTEMIC ADVOCACY OBJECTIVES:
Educate and empower consumers through training in employment discrimination laws and enforcement.
Promote effective DVR and DVI service delivery systems through participation in DVR and DVI Advisory Councils and provision of consumer training.
OUTCOME MEASURES:
As a result of DLP intervention, 5 persons with disabilities will secure or maintain employment or other remedies.
As a result of DLP intervention, 10 laws, regulations, or policies will be changed and other barriers to employment reduced.
VIII. TRANSPORTATION
GOAL: The PADD will advocate for the availability of appropriate transportation options to constituents throughout the State.
INDIVIDUAL ADVOCACY OBJECTIVE:
Provide direct advocacy services to constituents when systemic issues are presented by proposed or actual denial of transportation services.
SYSTEMIC ADVOCACY OBJECTIVE:
Collaborate with SCPD, DDC and PAIR Program to promote consumer-oriented public and private transportation system, including improved access to accessible parking, deterrence of overbroad disability-related driver license restrictions, improved operation of paratransit system, and reduction of barriers to pedestrian travel.
OUTCOME MEASURES:
As a result of DLP intervention, 5 persons will secure equal access to public transportation.
As a result of DLP intervention, 5 laws, regulations, or policies will be changed or barriers to transportation reduced.
IX. GENERAL STANDARDS FOR DETERMINATION OF LEVEL AND TYPE OF SERVICES OFFERED
Recognizing that the demand for assistance has historically outstripped available resources, the following factors will be considered in determining the level and type of services which will be offered to a group or individual:
potential impact on client;
merits of case (both factually and legally);
realistic alternate sources for referral and assistance [e.g. State agencies; other advocacy groups; Delaware Volunteer Legal Services ("DVLS"); private bar];
applicant's ability to self-advocate; and
potential impact on other constituents or systems.
All five of the above factors should be considered for each case being evaluated for services.
Footnote One - Click HERE for a Key to Common Abbreviations and Acronyms used in this document.
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