The Disabilities Law Program (“DLP”) is a special project of Community Legal Aid Society, Inc. and is designated by the Governor as the Protection and Advocacy agency in Delaware. This program provides advocacy services to Delaware residents with physical or mental disabilities. Given limited resources, services are prioritized based on federal agency guidance and needs identified by consumer and community groups.

WE ARE INVITING COMMENTS ON PRIORITIES
for our PADD, PAIR, PAIMI, PAAT and PATBI Programs.

The DLP proposes to adopt revised priorities for the above programs for the fiscal year beginning October, 2010 (FY 11).  We invite comments on the proposed priorities.  Comments may be submitted to Susan Henry through any of the following methods:

• Send email to Susan Henry by clicking HERE;

• By mail to Susan Henry, Disabilities Law Program, 100 West 10th Street, Suite 801, Wilmington, DE  19801;

• Or by facsimile to Susan Henry, Disabilities Law Program at 302-575-0840

Whom do we serve?
The Disabilities Law Program includes eight advocacy programs serving individuals with disabilities:

• Protection and Advocacy for persons with Developmental Disabilities Project (PADD);
• Protection and Advocacy for Individuals with Mental Illness Project (PAIMI);
• Protection and Advocacy for Individual Rights Project (PAIR);
• Protection and Advocacy for Assistive Technology Project (PAAT);
• Protection and Advocacy for Beneficiaries of Social Security Project (PABSS);
• Protection and Advocacy for Traumatic Brain Injury Project (PATBI);
• Protection and Advocacy for Voter Access (PAVA).
• Legal Services for Crime Victims with Disabilities (VOCA*)

*This program is funded through the Delaware Criminal Justice Council by the U.S. Department of Justice, Office of Victims of Crime

Qualifications for each program are described in detail on their respective pages. You may connect to the webpages for the programs by clicking on the link for the program found at the bottom of the screen.
 
What types of services are provided?

• Individual Advocacy - including investigation, mediation, negotiation, legal consultation and legal representation.
• Systemic Advocacy - emphasizing major reform efforts on critical issues affecting client groups through negotiation, legislation, regulatory work, and litigation.
• General Information - regarding available services, rights and remedies to clients and their families, service providers, attorneys and other representatives.
• Referral Services - provided to those who may be better served by other sources such as state, local or federal agencies, or other advocacy organizations.
• Community Education/Self Advocacy Training - community education materials and programs are provided as well as training and legal information workshops.

How do I apply?
If you have a legal problem that is related to your disability, you should call the CLASI office nearest you. The voice/tty phone numbers in each county are:

New Castle County:
100 W. Tenth St., Suite 801
Wilmington, DE 19801
302- 575-0690
302-575-0696 (TTY/TDD)
800- 292-7980

Kent County:
840 Walker Road
Dover, DE 19904
302- 674-8503 (TTY/TDD Also)
800 -537-8383

Sussex County:
Georgetown Professional Park
20151 Office Circle
Georgetown, DE 19947
302- 856-3742 (TTY/TDD Also)
800- 462-7070

Disabilities Law Program Historical Background

The national Protection and Advocacy (P&A) system was initially established through federal legislation in response to the abuse, neglect and lack of programming in institutions for persons with disabilities. Since 1975 Congress has created several distinct statutory programs to address the needs of different populations of persons with disabilities.

The governor in each state selected an agency to be the P&A system. Community Legal Aid Society, Inc. (CLASI) was designated to be Delaware's P&A system, and provides legal advocacy services through its Disabilities Law Program. Since 1977 the Disabilities Law Program has grown to include its current eight specialized programs.
 

PADD - Protection and Advocacy for Individuals with Developmental Disabilities

PADD serves individuals with a severe mental or physical impairment that developed before age 22 which causes multiple major functional limitations that are expected to last indefinitely.

The program also serves young children from birth to age 5 with developmental disabilities, or with conditions that may lead to developmental disabilities without services.

PADD typically assists in securing rights to:

• Appropriate treatment
• A free and appropriate public education
• Freedom from discrimination in housing and family services
• Accessibility
• Financial entitlements including Medicaid services and children's SSI
• Freedom from abuse and neglect
• Other rights related to the disability

PAIMI - Protection and Advocacy for Individuals with Mental Illness

PAIMI serves persons with mental illness who either:

• Reside in a public or private facility (such as a hospital, nursing home, institution, or community care home) or
• Reside in the community but are at risk of abuse, neglect or civil rights violation.

PAIMI typically provides services in securing rights to:

• An individualized treatment plan
• Appropriate treatment
• A comprehensive discharge plan
• Freedom from abuse and neglect
• A free and appropriate public education
• Other rights related to the disability

PAIR - Protection and Advocacy of Individual Rights

PAIR serves individuals with a severe physical or mental disability that is not considered developmental, or that occurred after the age of 22.

PAIR provides advocacy services to protect rights in the areas of:

• Freedom from discrimination in housing
• Accessibility to public accommodations
• Availability and access to transportation
• Public agency policy accommodations
• Other rights related to the disability.

PAAT - Protection and Advocacy for Assistive Technology

PAAT serves individuals with disabilities experiencing legal barriers to access to assistive technology devices and services.  Assistive technology includes durable medical equipment, wheelchairs, communication devices, and other disability-related aids.  Individuals of all ages with significant disabilities are eligible for services under PAAT.

Areas of Legal Advocacy

• PAAT typically assists in securing the rights to:
• include assistive technology devices and services in Individualized Education Plans (IEP) for special education students;
• Medicaid coverage of assistive technology devices and services for children and adults with disabilities;
• appropriate assistive technology devices and services in vocational rehabilitation and employment settings;
• other services directly related to disability and assistive technology.

PABSS - Protection and Advocacy for Beneficiaries of Social Security

PABSS serves current Social Security or SSI beneficiaries who wish to work, particularly participants in the Ticket to Work and Self-Sufficiency Program. Services include:

• Provision of information and training on work incentives and employment
• Advocacy to overcome barriers to employment
• Investigation of complaints against employers or providers involved in return to work effort; and
• Correction of defects in vocational rehabilitation, employment and support agencies.

PATBI - Protection and Advocacy for Traumatic Brain Injury

PATBI serves individuals with traumatic brain injury, an injury to the head caused by blunt, penetrating, or other force which generally results in mental or physical dysfunction.

PATBI typically assists in securing rights to:

• Special education and vocational training;
• "Safety net" public benefits such as SSI or Medicaid;
• Freedom from housing discrimination;
• Freedom from inappropriate institutionalization;
• Other rights related to the disability.

PAVA - Protection and Advocacy for Voter Access

PAVA serves individuals with disabilities to ensure full and effective participation in the electoral process.

PAVA typically advocates to overcome policy and physical barriers to voter registration and to access polling sites and usable voting equipment. Typical advocacy includes training, technical assistance, and legal representation. However, Federal guidelines disallow project funds to be used for litigation involving disability-related election access.

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VOCA - Legal Services for Crime Victims with Disabilities

The DLP's Victims of Crime Act project (VOCA) provides civil legal assistance to crime victims with disabilities to facilitate identification and pursuit of civil legal remedies.  Advocacy focuses on relief for persons who may be victims of physical, sexual or emotional abuse, neglect and financial or material exploitation. Typical advocacy includes training, technical assistance, and legal representation.

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