Overview of Protection Overview of Protection and Advocacy (P&A) and Advocacy (P&A) SystemsSystems

Presenter:Presenter:

Jacqueline (Jackie) EzzellJacqueline (Jackie) Ezzell

P&AsP&As Protection and Advocacy for Individuals Protection and Advocacy for Individuals

with Developmental Disabilities (PADD) with Developmental Disabilities (PADD) program program

Funded under Part C of the DD Act Funded under Part C of the DD Act 57 P&As:57 P&As:

– In each State, Territory & District of Columbia In each State, Territory & District of Columbia – There is a Native American Consortium P&A There is a Native American Consortium P&A

located in New Mexico that serves the Hopi located in New Mexico that serves the Hopi and Navajo Nations in New Mexico, Arizona and Navajo Nations in New Mexico, Arizona and Utah.and Utah.

P&AsP&As 47 P&As are private nonprofit 47 P&As are private nonprofit

organizationsorganizations 10 P&As are located within State 10 P&As are located within State

government, but are free to government, but are free to address any civil or human rights address any civil or human rights violationsviolations

P&As served P&As served 23,75223,752 people in people in 2008 with DD Act funds2008 with DD Act funds

P&AsP&As

Minimum allotment States State P&A agenciesPuerto RicoVirgin Islands

GuamAmerican Samoa

HawaiiN. Mariana Islands

Purpose of a Purpose of a Protection and Protection and Advocacy SystemAdvocacy System P&As help individuals with P&As help individuals with

developmental disabilities secure their developmental disabilities secure their human and civil rights. human and civil rights.

P&As help people with developmental P&As help people with developmental disabilities who have been: disabilities who have been: – Neglected or abusedNeglected or abused– Denied access to a serviceDenied access to a service– Denied control or choice of a service to Denied control or choice of a service to

which they have a right which they have a right – Denied the opportunity to participate in an Denied the opportunity to participate in an

activityactivity

PADD is the keystone PADD is the keystone of the P&A Systemof the P&A System

The Protection and Advocacy for Individuals with The Protection and Advocacy for Individuals with Developmental Disabilities began in 1975. Developmental Disabilities began in 1975.

Overtime, P&A Systems have been designated to Overtime, P&A Systems have been designated to administer other programs:administer other programs:– PAIMI:PAIMI: Protection and Advocacy for Individuals with Mental Illness Protection and Advocacy for Individuals with Mental Illness– PAIR:PAIR: Protection and Advocacy for Individual Rights Protection and Advocacy for Individual Rights– PAAT:PAAT: Protection and Advocacy for Assistive Technology Protection and Advocacy for Assistive Technology– PABSS:PABSS: Protection and Advocacy for Beneficiaries of Social Protection and Advocacy for Beneficiaries of Social

SecuritySecurity– PATBI:PATBI: Protection and Advocacy for Traumatic Brain Injury Protection and Advocacy for Traumatic Brain Injury– PAVA:PAVA: Protection and Advocacy of Voting Act Protection and Advocacy of Voting Act– Client Assistance Program:Client Assistance Program: Half are located with the P&A and the Half are located with the P&A and the

others are their own separate agency.others are their own separate agency.

ADD FundingADD Funding FY 2009 Funding: $40 millionFY 2009 Funding: $40 million Funds distributed based on a Funds distributed based on a

formulaformula Minimum allotment StatesMinimum allotment States

Designated by the Designated by the GovernorGovernor Designated by the Governor to be Designated by the Governor to be

the P&A system for the state. the P&A system for the state. The Governor is the responsible The Governor is the responsible official. official.

The Governor can only re-The Governor can only re-designate the P&A if there is designate the P&A if there is ‘good cause’.‘good cause’.

Areas of EmphasisAreas of Emphasis P&As P&As identifyidentify goals in the areas of goals in the areas of

emphasis in the DD Act based on public emphasis in the DD Act based on public input input

Each P&A is different and their expertise Each P&A is different and their expertise is diverse is diverse

The Statement of Goals and Priorities The Statement of Goals and Priorities drive the work that is donedrive the work that is done

How P&As Do Their Job How P&As Do Their Job Train people about their civil and human Train people about their civil and human

rightsrights Educate others about the rights of individuals Educate others about the rights of individuals

with developmental disabilitieswith developmental disabilities Investigate complaints of violations of rightsInvestigate complaints of violations of rights Information and referralInformation and referral Work to resolve complaints through Work to resolve complaints through

discussion, mediation, alternative dispute discussion, mediation, alternative dispute resolution and litigationresolution and litigation

Referrals to other agencies (State, Federal, Referrals to other agencies (State, Federal, local)local)

How P&As Do Their JobHow P&As Do Their Job P&As will exhaust all of their P&As will exhaust all of their

remedies before going to court. remedies before going to court. Litigation is the smallest Litigation is the smallest

percentage of work that the P&As percentage of work that the P&As carry out.carry out.

Examples of What Examples of What P&As Have DoneP&As Have Done Through various intervention strategies, Through various intervention strategies,

individuals:individuals:– Received job training, gained employment, or Received job training, gained employment, or

maintained employmentmaintained employment– Secured and maintained an appropriate educationSecured and maintained an appropriate education– Gained equal access to housingGained equal access to housing– Had greater access to transportationHad greater access to transportation– Enjoyed a higher quality of life free of abuse and Enjoyed a higher quality of life free of abuse and

neglectneglect– Achieved systems changeAchieved systems change

Selected Highlights of Selected Highlights of P&A RequirementsP&A Requirements Authority and independenceAuthority and independence P&A Governing Board P&A Governing Board Planning responsibilitiesPlanning responsibilities Reporting responsibilitiesReporting responsibilities Obligation to collaborateObligation to collaborate

AuthorityAuthority & Independence & Independence

The P&A System must have independence The P&A System must have independence to pursue legal and other appropriate to pursue legal and other appropriate measures on behalf of clients with measures on behalf of clients with developmental disabilities without state or developmental disabilities without state or other interferenceother interference

– Access to people, access to records, Access to people, access to records, access to institutions for monitoringaccess to institutions for monitoring

– Authority to pursue legal remediesAuthority to pursue legal remedies The System must have the ability to The System must have the ability to

investigate incidents of abuse & neglect of investigate incidents of abuse & neglect of individuals with developmental disabilities.individuals with developmental disabilities.

P&A Governing BoardP&A Governing Board MembershipMembership

– Majority must be individuals with disabilities, including Majority must be individuals with disabilities, including individuals with developmental disabilities (51%)individuals with developmental disabilities (51%)

– Family members and GuardiansFamily members and Guardians– Advocates or Authorized representativesAdvocates or Authorized representatives– May include a representative from the State Council, May include a representative from the State Council,

UCEDD and Self-advocacy organizationsUCEDD and Self-advocacy organizations The Board is important because they:The Board is important because they:

– Hire and fire the Executive DirectorHire and fire the Executive Director– Set policySet policy– Make certain the P&A is fiscally sound Make certain the P&A is fiscally sound – Set the direction of the agency. Set the direction of the agency.

P&A Governing BoardP&A Governing Board

The Board must have and The Board must have and implement a rotation policyimplement a rotation policy

The Board must have a shared The Board must have a shared commitment to the protection of commitment to the protection of the rights of all individuals eligible the rights of all individuals eligible for the programfor the program

Planning ResponsibilitiesPlanning Responsibilities

Goals and Priorities SettingGoals and Priorities Setting– The Goals and Priorities of each P&A are The Goals and Priorities of each P&A are

based on data driven strategic planning... based on data driven strategic planning... multi-year cycle with annual updates multi-year cycle with annual updates

– The P&A provides an annual opportunity for The P&A provides an annual opportunity for the public to comment on Goals & Priorities the public to comment on Goals & Priorities and activities of the System, including and activities of the System, including comments by the Council and UCEDDscomments by the Council and UCEDDs

– Goals and Priorities are submitted to ADD Goals and Priorities are submitted to ADD annuallyannually

Reporting ResponsibilitiesReporting Responsibilities

Program Performance ReportProgram Performance Report

– Data Collection (on individual advocacy, types of cases, Data Collection (on individual advocacy, types of cases, resolution of cases, systems change and group resolution of cases, systems change and group advocacy, and information and referral)advocacy, and information and referral)

– Outcomes of GoalsOutcomes of Goals

– Reporting on Collaborative ActivitiesReporting on Collaborative Activities

– Program Evaluation... outcome measures and procedures Program Evaluation... outcome measures and procedures for evaluating the impact of its advocacy activitiesfor evaluating the impact of its advocacy activities

CollaborationCollaboration

The P&A must collaborate with other The P&A must collaborate with other organizations including the State Council on organizations including the State Council on Developmental Disabilities and the University Developmental Disabilities and the University Centers for ExcellenceCenters for Excellence

Examples include collaborating on Examples include collaborating on – legal researchlegal research– legal advocacylegal advocacy– training in rights issuestraining in rights issues

P&AP&A Ophelia McLain, SupervisorOphelia McLain, Supervisor

– 202-690-7025202-690-7025– ophelia.mclain@acf.hhs.gov

Team MembersTeam Members

Jackie EzzellJackie Ezzell Program Program Specialist, Specialist, leadlead

202-690-202-690-5905 5905

jackie.ezzell@acf.hhs.gov

JC Gridley JC Gridley Program Program SpecialistSpecialist

202-690-202-690-87768776

jgridley@acf.hhs.gov

Carla Carla Thomas Thomas

Management Management AnalystAnalyst

202-690-202-690-83328332

carla.thomas@acf.hhs.gov

Melvenia Melvenia WrightWright

Program Program SpecialistSpecialist

202-690-202-690-55575557

melvenia.wright@acf.hhs.gov