Abuse and Neglect - The Legal Center for People with Disabilities and Older People

The Legal Center investigates allegations of abuse and neglect brought to its attention. Investigations are carried out under federal law.

Abuse and neglect investigations involving persons with mental illness are limited by statute to persons in 24-hour treatment facilities. Abuse and neglect violations involving persons with developmental disabilities may be carried out both in the community and in facilities.

Under the federal laws governing Protection and Advocacy systems, such as the Legal Center, abuse means a knowing, reckless, or intentional act causing injury to an individual with mental illness or with a developmental disability. Abuse includes criminal activity.

Negligence, on the other hand, is an unintentional and unthinking activity that injures or kills another.

Protection and Advocacy for Persons with Developmental Disabilities

As the Protection and Advocacy System for Persons with Developmental Disabilities, The Legal Center must be able to pursue legal, administrative and other appropriate remedies to protect and advocate for the rights of individuals with developmental disabilities throughout Colorado. Additionally, The Legal Center must have the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities if The Legal Center has probable cause to believe that the incidents occurred. To facilitate abuse and neglect investigations Congress has granted P&As broad access to service agencies and records if the P&A believes there is probable cause that an individual has been abused or neglected. In such circumstances, The Legal Center would first contact the individual or the individual's guardian, conservator, or legal representative and seek permission for records access. If The Legal Center has offered assistance to the individual's representative but the representative refuses assistance and does not act on behalf of the individual, as the P&A, The Legal Center must still be given access to the individual's records and other records that are relevant to conducting the investigation. The Legal Center is required to keep the records it receives in the course of an investigation confidential.

The Legal Center has focused its efforts on protecting persons from abuse and neglect in Colorado's Developmental Disabilities service delivery system and ensuring appropriate school services for students with disabilities under the Individuals with Disabilities Education Act. Included in those efforts, historically, has been a strong push to move individuals out of Colorado's Regional Centers and into homes in the community and ensuring students with disabilities attend school in the least restrictive environment. Today, most Coloradoans with developmental disabilities live in community homes so the focus has shifted to protecting persons from abuse and neglect in community based settings.

The Legal Center has decided on some priorities in our efforts to provide services through the PADD program.

The Protection and Advocacy for People with Mental Illness (PAIMI)

Like the Developmental Disabilities P&A System, the Protection and Advocacy System for Individuals with Mental Illness (PAIMI) must have the authority to pursue administrative, legal, and other remedies on behalf of individuals with mental illness in Colorado and also focuses on protecting individuals with mental illness from abuse and neglect. The P&A System for Individuals with Mental Illness must give priority to pursuing issues that arise while an individual is being admitted to a treatment facility, in a facility, or the issue arises within 90 days of the individual's discharge from the facility. Recently, the P&A has been authorized to address community issues occurring outside of treatment facilities. Also, like the DD P&A, Congress has granted the PAIMI program broad facility and records access to facilitate its investigation where it has probable cause to believe a person with mental illness has been abused or neglected. The Legal Center's PAIMI Program has focused primarily on protecting individuals who are living at the Mental Health Institutes at Pueblo or Ft. Logan, but has also pursued investigations and represented persons in other public or private hospitals and children in Residential Treatment Centers.

The Legal Center has decided on some priorities in our efforts to provide services through the PAIMI program.