I. SPECIFIC PRIORITIES FOR INDIVIDUAL ADVOCACY
GOAL: Promote a safe environment within residential mental health settings by actively monitoring the Delaware Psychiatric Center ["DPC"] and DPC diversion sites, investigating abuse/neglect incidents in residential and non-residential settings statewide, and implementing remedial measures.
OBJECTIVES:
Target Population: The PAIMI Program was historically designed to focus on abuse and neglect of persons with mental illness within residential treatment facilities. The current law and regulations retain guidance directing programs to treat inpatients or residents of facilities rendering care or treatment as priorities and encouraging maintenance of an “ongoing presence” in such facilities. See 42 U.S.C. §§10802(4) and 10804(d) and 42 C.F.R. §51.31. This objective contemplates regular on-site monitoring of Delaware’s only public mental health hospital and licensed private hospital sites and advocacy on behalf of residents of these facilities.
Target: DPC units will be visited on at least a weekly basis. New Castle County DPC diversion sites will be visited on at least a monthly basis. The Dover Behavioral Health System site will be visited on at least a bimonthly (6/year) basis. The DLP will screen and assess at least 15 allegations of abuse and 20 allegations of neglect and, in majority of validated cases, facilitate positive change to resident's welfare or facility policy/practice.
Target Population: The historical focus of the PAIMI Program was deterrence of abuse and neglect. Current law, in recognition of the “downsizing” of mental health institutions, authorizes the PAIMI to extend services to persons living in a broader array of residential sites or independently in the community. See 42 U.S.C. §§10802(4) and 10804(d). This objective contemplates responding to complaints of abuse or neglect involving persons residing outside mental health hospital settings. This would include residents of long-term care facilities, juvenile corrections residential settings, group homes, apartment programs, foster homes, and shelters. It would also include persons living independently in the community.
Target: The DLP will screen and assess every reported colorable allegation of significant abuse or neglect and, in majority of validated cases, facilitate positive change to client's welfare or applicable policy/practice.
Target Population: The PAIMI Program was historically designed to focus on abuse and neglect of persons with mental illness within residential treatment facilities. The current law retains guidance directing programs to treat inpatients or residents of facilities rendering care or treatment as priorities. See 42 U.S.C. §§10802(4) and 10804(d). The law highlights certain forms of abuse (e.g. seclusion, restraint, assault) as “core” contexts of advocacy. See 42 U.S.C. §§10802(1) and 10841(1)(A)(F). Cf. CMS hospital seclusion/restraint regulations, 42 C.F.R. Part 482, adopted December 8, 2006. The law also envisions PAIMI death investigations. See 42 U.S.C. §§10801(b)(2)(B) and 10802(1) as well as 42 U.S.C. §§290ii and 290jj-1 -290jj-2. This objective contemplates screening of deaths of residents of hospitals, nursing homes, group homes, foster homes, and other supported living sites. Particular scrutiny will be applied to deaths linked to areas of emphasis in the PAIMI enabling law (e.g. restraint).
Target: The DLP will screen: a) each death of a DPC resident; and b) each death in other residential settings reported to the DLP in which abuse or neglect is implicated. The DLP will facilitate positive change in facility policy/practice in majority of cases in which abuse or neglect is validated as contributing cause of death.
Target Population: The PAIMI enabling legislation authorizes provision of a wide range of formal and informal advocacy services. See 42 U.S.C. §10805(a)(1). The law also promotes inpatient access to grievance systems. See 42 U.S.C. §10841(1)(L). Delaware law similarly fosters mental health patient access to formal and informal grievance systems. See 16 Del.C. §5161(b)(15). This objective contemplates facilitation of presentation of patient concerns within the context of a DPC committee. It would generally benefit all DPC patients.
Target: The DLP will attend at least 75% of meetings of DPC Patient Rights Committee and facilitate presentation or analysis of at least 10 individual abuse/neglect issues.
B. OTHER CIVIL RIGHTS
GOAL: Promote compliance with civil rights of individuals with mental illness with emphasis on individuals in residential settings or at risk of institutionalization (e.g. homeless or outpatient committed) or serious harm and further promote self-advocacy through technical assistance and information and referral services.
OBJECTIVES:
Target Population: Federal and State law emphasize the importance of a treatment plan in defining the scope and types of services to be offered to patients. See 42 U.S.C. §10841(1)(B) and Title 16 Del.C. §§1121(4) and 5161(b)(2). This objective contemplates representation and assistance to patients to ensure consideration of their views and deterrence of unnecessary restrictions of autonomy. Such assistance will benefit mental health hospital patients, particularly DPC patients, and extend to residents of other licensed residential facilities (e.g. group homes; long-term care facilities).
Target: The DLP will actively participate in at least 20 treatment team meetings and, in majority of meetings, prompt inclusion or implementation of consumer-oriented plan components.
Target Population: Delaware law includes bill of rights standards applicable to mental hospitals, substance abuse centers, and long-term care facilities. See Title 16 Del.C. §§1121, 2220, and 5161. These compilations of standards, supplemented by written facility policies, comprehensively cover both procedural and substantive rights. However, residents sometimes require assistance in recognizing and understanding specific rights and enforcement options. This objective contemplates assistance to residents of State operated and licensed facilities, including mental health hospitals, long-term care facilities, and group homes.
Target: The DLP will address at least 10 instances of non-compliance with facility policies or bill of rights legislation resulting in positive outcome through restoration of client rights, expansion or maintenance of personal decision-making, or elimination of barriers to personal decision-making.
Target Population: The PAIMI statute and regulations have historically promoted provision of advocacy services to persons recently discharged from residential facilities. See 42 U.S.C. §10805(a)(1)(c) and 42 C.F.R. §51.7(a)(2). This transition phase can be particularly problematic since housing, public benefits, and family supports often provide the underpinning for successful community living. This objective contemplates assistance with both development of “solid” discharge plans and advocacy to overcome barriers to implementation. Such assistance would benefit persons ready for discharge or recently discharged from residential facilities.
Target: The DLP will participate in the discharge planning of at least 10 individuals. The DLP will address and reduce disability-related barriers to plan implementation on behalf of at least 10 individuals.
Target Population: Housing, public benefits, and family supports often provide the underpinning for successful community living. This objective contemplates assistance to persons currently living in the community whose housing, key public benefits, or family integrity is significantly jeopardized. For example, the Family Court periodically issues excessive support orders against obligors who have been determined unable to work by the Social Security Administration and whose sole income is SSI. This objective benefits non-residential constituents experiencing a significant legal problem in one of the three identified contexts.
Target: As a result of DLP intervention, 15 individuals at risk of institutionalization or serious harm will secure or maintain access to housing, familial integrity, or key public benefits.
Target Population: Students with mental health profiles are sometimes not appropriately identified and offered special education services and accommodations. Moreover, such students have historically been disproportionately subject to discipline, including long-term suspension and expulsion. This objective contemplates assistance to students with a significant mental illness or emotional impairment whose presenting problem meets one of the above criteria.
Target: As a result of DLP intervention, 10 students will maintain or secure a more appropriate education.
Target Population: The PAIMI enabling legislation and regulations authorize provision of a wide range of formal and informal advocacy services. See 42 U.S.C. §10805(a)(1) and 42 C.F.R. §51.31(a). This authorization has historically been interpreted to include provision of technical assistance and information and referral services. Cf. 42 U.S.C. §10804(b)(2). This objective contemplates provision of technical assistance and information and referral services to groups and organizations, family members, and individuals in the community.
Target: The DLP will provide technical assistance and information and referral services to 150 individuals and organizations in the community.
Target Population: Persons committed to mental health hospitals, or admitted on a voluntary basis, are often unaware of rights and expectations. The PAIMI program ensures distribution of patient handbooks to DPC patients and adapted materials to diversion site patients upon admission. This objective includes a commitment to ensure the continued availability and distribution of such materials to all new patients within DPC and the three diversion sites. The objective benefits existing and prospective DPC and diversion site patients.
Target: The DLP will monitor practices and provide a sufficient supply of materials to ensure no lapse in availability of materials for individuals admitted to the DPC or DPC diversion sites.
Target Population: The PAIMI law has historically promoted the education and empowerment of residential patients. See 42 U.S.C. §§10841(1)(C)(K)(M). This objective contemplates the regular provision of training in self-advocacy and substantive rights at DPC and provision of such training at diversion sites (Rockford; Meadowood; Dover Behavioral Health System) upon request. Patients in the latter sites generally have shorter stays. This objective benefits existing and prospective DPC and diversion site patients.
Outcome Measure: The DLP will conduct at least 15 consumer training sessions.
GOAL: Promote a safe environment in residential and non-residential mental health settings through a broad array of systemic interventions, including legislative, regulatory, administrative and judicial advocacy.
OBJECTIVES:
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also require inclusion of legislative and systemic activities in the PAIMI program priorities and specifically authorize evaluation and commentary on budgets. See 42 C.F.R.§§51.24(a) and §51.31(f). The PAIMI program has historically provided input on State budgets in collaboration with State councils authorized to educate policymakers. See 42 U.S.C. §§15005(1), 15008, 15021(1) and 29 Del.C. §8734. This objective contemplates collaborative education of policymakers in Fall and Spring budget hearings focusing on health and safety within residential mental health settings. Given recent critical press coverage and issuance of multiple State government reports on DPC the DLP anticipates responsive State budgetary initiatives meriting DLP evaluation and advocacy. Advocacy under this objective would benefit constituents in State operated, licensed, or regulated residential settings.
Target: The DLP will analyze budgets and submit testimony at both Fall Budget Office hearings and Spring Joint Finance Committee hearings.
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also require inclusion of legislative and systemic activities in the PAIMI program priorities and specifically authorize evaluation and commentary on laws and regulations. See 42 C.F.R. §§51.24(a) and 51.31(f). Consistent with past practice, this objective contemplates preparation and presentation of monthly analyses of legislative and regulatory initiatives affecting safety and quality of services on behalf of advocacy organizations and councils. For example, the DLP anticipates continued support of the Hospital Infections Disclosure Act (H.B. No. 92). This objective also envisions preparation of affirmative legislation (e.g. mental health bill of rights applicable to DSAMH clients participating in community services). Given multiple, ongoing Federal and State assessments of DPC by the Legislative Investigative Committee on DPC, Governor's Task Force on DPC, CMS and DOJ, the DLP anticipates responsive State legislative, regulatory, planning and compliance initiatives meriting DLP evaluation and advocacy. Overall, this objective contemplates advocacy benefitting residential and non-residential constituents who use the public mental health system.
Target: The DLP will collaborate with advocacy organizations and councils to assess and analyze the majority of State legislation and published regulations affecting safety and quality of services in the public mental health service delivery system.
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also authorize PAIMI Program monitoring, evaluation, and commentary on policies. See 42 C.F.R. §51.31(f). This objective contemplates participation in a council which influences DSAMH safety-related policies and practices and participation in a committee which influences DPC safety-related policies and practices. The DLP also envisions continuing efforts to prompt DSAMH to: 1) adopt a Mortality Review Committee to assess deaths of DSAMH residential clients; and 2) revise its Patient Rights Committee policy to ensure its responsiveness to resident concerns. This objective benefits constituents in DHSS operated, licensed, or regulated residential settings.
Target: The DLP will attend at least 75% of meetings of the DSAMH Advisory Council and the DPC Patient Rights Committee.
Target Population: The PAIMI law confers broad access rights to constituent records. See 42 U.S.C. §§10805(a)(4) and 10806. This includes internal investigation records [42 U.S.C. §10806(b)(3)]. The law also highlights certain forms of abuse (e.g. seclusion; restraint) as “core” contexts of advocacy. See 42 U.S.C. §§10802(1) and 10841(1)(A)(F). This objective contemplates maintenance of practices and procedures to obtain seclusion/restraint statistics and internal investigative records. This objective primarily benefits DPC patients and constituents residing in DHSS operated, licensed, or regulated settings.
Target: The DLP will maintain timely access to seclusion/restraint statistical reports, PM 46 (abuse/neglect) investigation records and similar documents on routine basis.
0304 Address selected systemic abuse/neglect issues through resort to affirmative administrative and judicial remedies.
Target Population: The PAIMI regulations require inclusion of systemic activities in the PAIMI program priorities. See 42 C.F.R. §51.24(a). The PAIMI enabling law and regulations authorize provision of a wide range of formal and informal advocacy services. See 42 U.S.C. §10805(a)(1) and 42 C.F.R. §51.31(a). The PAIMI regulations require the PAIMI Program to engage in systemic advocacy. See 42 C.F.R. §51.31(f). Indeed, the law includes a cap on technical assistance and training activities. See 42 U.S.C. §10804(b)(2). The PAIMI program attempts to maintain a “mix” of individual and systemic advocacy to fulfill the multiple expectations in the PAIMI law and regulations. This objective contemplates fulfillment of the authorization to pursue administrative and legal remedies on behalf of constituents to obtain systemic reform in the abuse/neglect context. The objective benefits residential and non-residential constituents who are victims of abuse/neglect or at risk of victimization.
Target: The DLP will prompt systemic reform through individual or collaborative pursuit of at least one targeted administrative or judicial action.
OBJECTIVES:
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also require inclusion of legislative and systemic activities in the PAIMI program priorities and specifically authorize evaluation and commentary on laws and regulations. See 42 C.F.R. §§51.24(a) and 51.31(f). Consistent with past practice, this objective contemplates preparation and presentation of monthly analyses of legislative and regulatory initiatives on behalf of advocacy organizations and councils. The focus is on initiatives impacting civil rights, commitment standards and implementation of discharge plans. For example, DSAMH developed proposed legislation to comprehensively revise the mental health commitment code but deferred introduction in 2006-07. DSAMH is also proposing to adopt a DPC campus-wide smoking ban effective January 2008 which would affect client autonomy. This objective benefits residential and non-residential constituents throughout the State.
Target: The DLP will collaborate with councils and agencies to screen and analyze the majority of pending State legislation, published proposed State regulations, and identified proposed policies in the above contexts.
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also require inclusion of legislative and systemic activities in the PAIMI program priorities and specifically authorize evaluation and commentary on budgets. See 42 C.F.R.§§51.24(a) and §51.31(f). The PAIMI program has historically provided input on State budgets in collaboration with State councils authorized to educate policymakers. See 42 U.S.C. §§15005(1), 15008, 15021(1) and 29 Del.C. §8734. This objective primarily contemplates collaborative education of policymakers in Fall and Spring budget hearings focusing on the three identified contexts. It also envisions submission of input on agency strategic plans (including the DSAMH mental health block grant application) in the same contexts. Advocacy under this objective would benefit residential and non-residential constituents throughout the State.
Target: The DLP will submit commentary at Fall Budget Office hearings and Spring Joint Finance Committee hearings. The DLP will analyze and submit commentary on the majority of identified proposed strategic plans in this context.
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also require inclusion of systemic activities in the PAIMI program priorities and involvement in systemic advocacy. See 42 C.F.R. §§51.24(a) and 51.31(f). This objective contemplates continued participation in the strategic planning and implementation activities of a Governor’s Commission addressing barriers to community living affecting persons with disabilities. The Commission issued a 5 year (FY -8-12) strategic plan on July 17, 2007. The objective benefits residential and non-residential constituents throughout the State.
Target: DLP will facilitate implementation of at least 2 Commission recommendations affecting persons with mental illness published in its July 2007 report, including submission of a Money Follows the Person plan to CMS by February 2008..
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). The regulations also authorize PAIMI Program monitoring, evaluation, and commentary on policies. See 42 C.F.R. §51.31(f). This objective contemplates participation in a council which influences DSAMH policies and practices and participation in a committee which influences DPC policies and practices affecting residents’ civil rights and implementation of discharge plans. This objective also envisions continuation of regular meetings between DSAMH Administration and PAIMI Program representatives to promote dialog and effect informal resolution of issues related to civil rights and implementation of discharge plans. Finally, the DLP plans to address systemic shortcomings within the DSAMH-funded and regulated Community Continuum of Care Program ("CCCP") provider network. This objective benefits constituents in DHSS operated, licensed, or regulated residential settings.
Target: The DLP will attend 100% of scheduled meetings with DSAMH Administration and 75% of the meetings of the DSAMH Advisory Council and the DPC Patient Rights Committee.
Target Population: The PAIMI law promotes inpatient access to grievance systems. See 42 U.S.C. §10841(1)(L). Delaware law similarly fosters mental health patient access to formal and informal grievance systems. See 16 Del.C. §5161(b)(15). This objective contemplates monitoring implementation of internal grievance system on behalf of DPC patients. It would generally benefit all DPC patients.
Target: DPC statistics and patient feedback will demonstrate uninhibited access to system, regular use of system, and patient satisfaction with system.
Target Population: The PAIMI regulations require PAIMI Program priorities to address the needs of persons with co-occurring mental illness and other disabilities. See 42 C.F.R. §51.24(a). This objective contemplates targeted advocacy to address the needs of special populations. For example, persons with traumatic brain injury have few appropriate residential discharge options which the DLP is addressing through promotion of an ABI waiver expected to be operational by December 2007. Likewise, a Deaf constituent may require specialized interpreter services or an ASL competent therapist. This objective benefits DPC patients with dual diagnoses or special needs.
Target: The DPC will: 1)adopt and implement discharge plans for residents capable of living in less restrictive settings; 2) implement interagency agreements; and 3) adopt or modify policies or practices concerning such patients.
Target Population: The PAIMI law authorizes advocacy for constituents in hospitals as well as correctional and forensic settings. See 42 U.S.C. §§10802(3). DPC maintains a forensic unit which may include patients determined incompetent to stand trial, not guilty by reason of insanity, and guilty but mentally ill. Such patients have a right to effective access to the courts which includes legal research resources for pro se litigants. This objective envisions monitoring the availability and scope of legal research resources provided to DPC forensic patients.
Target: DPC will maintain uninterrupted access to legal research/assistance in conformity with law library access policy.
Target Population: Some long-term NGRI DPC patients face special obstacles to securing discharge and off-campus privileges given restrictive judicial orders. Both the PAIMI law and State law disfavor unnecessary restrictions on liberty. See 42 U.S.C. §10841(1)(A) and Title 16 Del.C. §5161(b)(1). This objective contemplates targeted advocacy to obtain off-campus privileges or discharge for NGRI patients when such options are supported by their treatment team. This objective would benefit long-term NGRI DPC forensic patients.
Target: The DLP will prompt discharge or transitional off-campus privileges of covered patient(s) through targeted litigation, including E.W. v. State of Delaware, M.D. v. State of Delaware, G.J. v. State of Delaware, C.G. v. State of Delaware.
Target Population: The PAIMI regulations envision PAIMI program collaboration with other organizations to avoid duplication of effort and foster more effective advocacy. See 42 C.F.R. §51.21(a). This objective contemplates participation in a committee engaged in systemic planning intended to promote the availability of housing and community-based support services for persons with disabilities. This objective benefits both residential and non-residential constituents throughout the State.
Target: The DLP will attend 75% of scheduled Committee meetings and facilitate implementation of at least 2 housing-related recommendations of the Governor’s Commission on Community-based Alternatives for Persons with Disabilities contained in its July, 2007 report..
Target Population: The PAIMI enabling legislation authorizes provision of a wide range of formal and informal advocacy services, including training. See 42 U.S.C. §§ 10804(b)(2) and 10805(a)(1). This objective includes continued PAIMI program participation in the design team for Delaware’s largest disability-related conference as well as sponsorship of seminars on mental-health related topics. The DLP also envisions promotion of police training in mental health disorders and interaction with persons with mental illness in implementation of H.B. No. 443 enacted in June, 2006. This objective benefits residential and non-residential constituents throughout the State.
Target: The DLP will attend at least 75% of design team meetings for both the LIFE XI conference [which will include sessions resoluton of health insurance disputes, disability-related accommodations in special education and higher education, a Medicaid Buy-In prrogram and recent Federal legislative and policy initiatives] and 2)sponsor multiple individual seminars on mental health-related topics.
OBJECTIVES:
Target Population: The PAIMI law requires the PAIMI program to assure that its staff is trained in provision of advocacy services to persons with mental illness. See 42 U.S.C. §10821(a)(2) and (b). This objective contemplates offering training opportunities to PAIMI program staff to enhance technical skills and knowledge necessary for effective advocacy. This objective would ultimately benefit all existing and prospective PAIMI Program clients.
Target: The DLP will provide each PAIMI staff member with the opportunity to attend at least 2 PAIMI-related training events annually.
Target Population: The PAIMI law requires the PAIMI program to assure that its staff in trained in provision of advocacy services to persons with mental illness. See 42 U.S.C. §10821(a)(2) and (b). The law also requires compilation of an annual report describing activities and accomplishments. See 42 U.S.C. §10805(a)(7). The PAIMI regulations require advocacy coordination within the PAIMI Program. See 42 C.F.R. §51.31(b). This objective implements these mandates by requiring periodic staff meetings which include training, statistical updates, progress reports, and advocacy planning. This objective would ultimately benefit all existing and prospective PAIMI Program clients.
Target: The DLP will conduct at least semiannual statewide staff meetings supplemented by at least semiannual advocacy meetings.
Target Population: The PAIMI regulations authorize provision of training to PAIMI advisory council members. See 42 C.F.R. §51.31. This objective contemplates offering regular training at each council meeting supplemented by the opportunity to attend independent training events. This objective benefits council members. An educated and informed council ultimately benefits all existing and prospective PAIMI Program clients.
Target: The DLP will offer training on at least 1 topic at each Council meeting and remind Council members at least semi-annually of the availability of subsidized attendance at commercial training events through the PAIMI program.
Target Population: The PAIMI regulations require continuing efforts to include members of racial and ethnic minority groups on the board and advisory council. See 42 C.F.R. §51.22(c) and 5123(b). This objective contemplates inclusion of such representatives on the board and advisory council. This objective benefits board and council members. A culturally diverse board and council ultimately benefits all existing and prospective PAIMI Program clients.
Target: Both the governing board and advisory council will include members of cultural minorities.
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