The Protection and Advocacy System for Individuals with Developmental Disabilities
PADD Program Priorities
FY 2007-2008

The Legal Center has identified the following goals and objectives that it believes are of greater importance or of more immediate concern in the State. Thus, these activities, or areas of emphasis, take precedence over, and receive greater emphasis than, other areas in terms of case selection and services, allocation of resources, systems advocacy and other program activities. All services are subject to available resources.

Quality Assurance Activities

GOAL 1: The Legal Center will monitor investigations of serious abuse, neglect, and sexual or financial exploitation conducted by agencies within the developmental disability system and Regional Centers.

Objective:

a. The Legal Center will request, review and monitor investigation reports completed by agencies serving people with developmental disabilities, Regional Centers or other institutions where people with developmental disabilities may reside or receive services. The Legal Center may issue recommendations to agencies within the developmental disability system and to the State when The Legal Center determines that the investigation report is insufficient to ensure that individuals with developmental disabilities are protected from abuse and/or neglect.
b. The Legal Center will conduct independent investigations of allegations of abuse, neglect and sexual or financial exploitation within the authority of the protection and advocacy mandates when necessary.

GOAL 2: The Legal Center will consider representation for individuals receiving residential (institutional) services through the Division for Developmental Disabilities who may be eligible for community residential settings.

Objectives:

a. The Legal Center will pursue residential placements in the developmental disabilities system for individuals who have a developmental disability (as defined by State law) and reside in institutional placements, when such a placement is appropriate for and desired by the individual.
b. The Legal Center will consider representation for residents of the Regional Centers who would like to live in a more integrated community setting.
c. The Legal Center will continue to monitor the State Regional Centers and other Institutional settings (i.e. DD group homes, Nursing Homes) for deficiencies and provide recommendations to the State, if necessary.

Developmental Disability Community Services and Rights Activities

GOAL 1: The Legal Center will work with people with developmental disabilities and/or their legal guardians, to ensure that they are receiving the services and supports they are entitled to under Colorado’s Medicaid Waivers for individuals with developmental disabilities, to support their integration and inclusion in all facets of community life.

Objectives:

a. The Legal Center will consider representation for individuals who have been inappropriately found ineligible for HCBS DD-Waiver services through the Developmental Disabilities system by a community centered board.
b. The Legal Center will consider representation for individual’s whose services through the developmental disabilities system have been wrongly terminated, denied or significantly restricted, thereby placing them at significant risk, including the risk of institutionalization.
c. The Legal Center will consider representation for individuals who are applicants or recipients of HCBS-DD waiver services who may have suffered significant discrimination in the community due to having a developmental disability.

Outreach/Education Activities

GOAL 1: The Legal Center will advocate for people with developmental disabilities through community outreach. This outreach will consist of in-service training and committee participation affecting Service Providers, Community Centered Boards, Public Defender/District Attorney offices, Mental Health institutions and other not-for profit advocacy agencies serving people with developmental disabilities about the role of the P&A in our State.

Objective:

a. The Legal Center will foster and create relationships with area Service Providers, Community Centered Boards, Public Defender/District Attorney personnel, Mental Health institutions and other not-for-profit advocacy agencies in an effort to disseminate information about the P&A system in the State.
b. The Legal Center will consider committee participation where the issue is directly related to the rights, health and safety of people with developmental disabilities.
c. The Legal Center will consider participating in legislative/policy issues when the issue directly and substantially affects the rights, health and/or safety of people with developmental disabilities.
d. The Legal Center will provide non-priority information and referral services to individuals with developmental disabilities within the State of Colorado.

Education Activities

GOAL 1: The Legal Center will assist students with developmental disabilities to ensure that the students are receiving educational services in the least restrictive educational (LRE) environment appropriate to their individual needs.

Objectives:

a. The Legal Center will consider representation or advocacy on behalf of students with developmental disabilities in special education or 504 programs where a student receives educational services in homebound, day or residential programs and desires a significantly more integrated setting.

GOAL 2: The Legal Center will assist students with developmental disabilities to ensure that Colorado public schools implement lawful disciplinary processes.

a. The Legal Center will consider representation or advocacy on behalf of students with developmental disabilities in special education or 504 programs where it appears that the disciplinary process required by section 504 and the IDEA has not been implemented. The Legal Center will consider representation in cases with significant due process concerns that may preclude the student from returning to school.

a. The Legal Center will engage in outreach activities and training with surrogate and foster care parents, parent support groups and social service and human service organizations in each of the priority areas.

GOAL 4: The Legal Center staff will advocate for system change in cases of restraint and seclusion.

a. The Legal Center will advocate for change that includes insertion of enforcement mechanisms into applicable statutes and/or policies.
b. The Legal Center will consider representation of students with disabilities and their families in cases of serious restraint and/or seclusion.
c. The Legal Center will conduct investigations under its Protection and Advocacy authority in instances of restraint and seclusion not older than one year, involving multiple incidents, evidence of a pattern and/or practice and where there is there is probable cause for such investigation.

GOAL 5: The Legal Center will provide Intake and Technical Assistance to constituents of The Legal Center.

a. The Legal Center will focus on assistance to underrepresented students and their parents.

GOAL 6: The Legal Center will participate in select, statewide committee(s)/task force(s) that are relevant to the Legal Center’s activities.