ADVOCACY PLAN 2013-2017
With 2016-2017 One Year Objectives
Advancing Dignity, Equality, Independence
and Freedom of Californians with Disabilities
Disability Rights California
California’s Protection & Advocacy System
www.disabilityrightsca.org
(800) 776-5746
Adopted by Disability Rights California’s Board of Directors
September 2016
Table of Contents
Introduction ...........................................................................................3
Disability Rights California Vision Statement .........................................4
Disability Rights California Mission Statement.......................................4
Advocacy Plan Principles ......................................................................4
What We Do..........................................................................................7
Examples of Problems Disability Rights California Can Help With ........8
Disability Rights California Does Not Have the Resources to Help With
the Following Types of Legal Issues: .................................................9
Whom We Help .....................................................................................9
How to Get Help..................................................................................11
Strategic Goals....................................................................................13
Advocacy Principles, Priorities and Goals ...........................................19
Impact Areas and Goals......................................................................20
Abuse and Neglect ......................................................................... 201
Nondiscrimination .............................................................................23
Community Integration .....................................................................26
Mental Health ...................................................................................30
Voting ...............................................................................................32
Work Incentives ................................................................................34
Youth................................................................................................37
Peer and Self-Advocacy ...................................................................40
Information, Training, Outreach and Publications .............................42
Patients’ Rights Advocacy ................................................................47
Clients’ Rights Advocacy ..................................................................48
APPENDIX A .........................................................................................49
Disability Rights California Advocacy Plan 2013-2017
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Introduction
California is at a crossroads. We can continue to lead actions to advance
the equality, dignity, independence and freedom of Californians with
disabilities. Or, we can return to a time when accessibility and inclusion
were rare and abuse, neglect and segregation from mainstream society
were commonplace.
In the 1970s and 80s, California was known as one of the few places in the
world taking concrete steps to reduce architectural and attitudinal barriers
facing people with disabilities. We enacted laws at the forefront of
providing services, created building codes requiring access and protected
people’s rights to autonomy and choice. We closed institutions and helped
residents move into the community with innovative supports, including
consumer-led services. In the late 20th and early 21st century, we were at
the cutting edge of creating access to all technological advances.
Today, we face growing resistance to adequate home and communitybased services to people who need them to avoid more expensive
institutionalization. Investigations have revealed abuses and neglect in
both state and community institutions. There has been a renewed effort to
dismantle laws that guarantee people with disabilities access to businesses
and public services. We are seeing attempts to erect new barriers to small
group homes in neighborhoods.
These trends tell us we have to work more creatively to eliminate
discrimination and stigmatizing attitudes faced by many Californians with
disabilities. During the next five years, Disability Rights California will
redouble its efforts to protect and advance the rights of Californians with
disabilities. We will use all of our advocacy tools to ensure that people can
live in barrier-free communities of their choice with the services they need
to be successful; to stop abuse, no matter where or when it occurs; to
increase employment opportunities with competitive wages; to maintain
access to the businesses and services available to the general public and
to provide up-to-date knowledge and tools so that people with disabilities
can be equal, passionate and full participants in society.
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Disability Rights California Vision
Statement
We envision a barrier-free, inclusive, diverse world that values
each individual and their voice. In this world, all people with
disabilities enjoy the power of equal rights and opportunities,
dignity, choice, independence and freedom from abuse, neglect
and discrimination.
Disability Rights California Mission
Statement
Disability Rights California works to advance dignity, equality,
independence and freedom for all Californians with disabilities
and use these principles to guide our advocacy work.
Advocacy Plan Principles
Stop discrimination, end institutionalization and increase
community living choices
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Stop discrimination and work for equal opportunities.
End institutionalization and increase access to culturally
appropriate and safe community living with supports
chosen by the person with a disability.
Eliminate abuse and neglect and improve quality of care
-
Eliminate abuse and neglect.
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Improve the quality of care and treatment in facilities
and protect rights, while working towards the goal of
returning to the community.
Increase access to benefits, services and health care
-
Increase and maintain access to government benefits.
Increase and maintain access to public and private
health programs.
Increase and maintain access to quality, clientcentered, voluntary community mental health services.
Make sure that people with intellectual and
developmental disabilities receive Lanterman Act
services based on their needs and choices.
Increase access to education, housing, transportation and
employment
-
Increase students’ access to appropriate education
services in the most integrated environment.
Increase the rights of people with disabilities to have
work opportunities consistent with their interests,
abilities and needs.
Increase the rights of people with disabilities to housing
they can use and afford.
Increase the availability of adequate, accessible and
affordable transportation and remove transportation
barriers.
Make sure the autonomy, preferences and choices of people
with disabilities are respected
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Increase protections for the preferences, opinions,
bodily integrity and privacy rights of individuals with
disabilities.
Promote the rights of people with disabilities to direct
their own lives.
Expand services and protections for parents with
disabilities.
Increase participation by people with disabilities on
local and state policy-making bodies and boards.
Increase voter participation, and ensure that voting
systems and processes are accessible and barrier-free,
and provide people with disabilities the right to a private
and independent vote.
Increase Culturally Competent and Geographically
Accessible Services
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Make sure that systems value disability, diversity,
culture and ethnicity of each individual.
Make sure that there is equal provision of services in all
geographic areas.
Enforce Rights
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Make sure that there is access to courts, administrative
agencies and legal services so that individuals with
disabilities can defend and enforce their rights.
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What We Do
We strive to provide the type of advocacy that is most effective in
addressing the issues that impact individuals with disabilities. We reach out
to under-served populations and strive to provide culturally appropriate
services statewide. Our services may include:
1. Telling people with disabilities about their many legal, civil and
service rights.
2. Encouraging and supporting self-advocacy by educating
individuals about their rights and providing the information and
tools they need to act on their own behalf.
3. Investigating and, when appropriate, addressing reports of
abuse and/or neglect.
4. Promoting policy changes that benefit many people with
disabilities.
5. Providing legal assistance on disability related issues based on
our priorities and case selection criteria.
6. Providing patients’ rights advocacy for state psychiatric hospital
residents and technical assistance and training for county
advocates.
7. Providing rights advocacy for clients with intellectual and
developmental disabilities who are receiving services from
regional centers.
8. Bringing impact litigation and acting as amicus curiae to defend
disability rights.
Available resources may affect the kind of assistance we are able to
provide.
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Examples of Problems Disability Rights
California Can Help With
Disability Rights California helps people with disabilities to solve disabilityrelated problems. If you have a disability and qualify for services, DRC can
help you with problems like:
 Rights to basic support, personal care, therapy and health care
such as In-Home Supportive Services (IHSS) and Medi-Cal
 Discrimination in housing, transportation, employment and
access to public and private programs and services
 Abuse, neglect and rights violations in an institution
 Services and supports in the least restrictive environment,
dignity, privacy, choice and other basic rights
 Special education rights
 Mental health and support services that provide individualized
treatment
 Regional center eligibility and services
 Voting registration, vote casting and accessible polling places
 Access to technology – like communication devices and power
wheelchairs
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Disability Rights California Does Not
Have the Resources to Help With the
Following Types of Legal Issues:
 Direct representation in criminal law, family law, or bankruptcy
courts or worker’s compensation proceedings
 Personal injury lawsuits
 Filling out Social Security application forms
 Obtaining guardianships or conservatorships
 Issues that are unrelated to an individual’s disability
 Issues outside of our Advocacy Plan Goals and Objectives
Whom We Help
Disability Rights California provides advocacy help for Californians with
disabilities. You could be eligible for DRC services on a disability related
issue if:
 You have an intellectual and developmental disability
 You are a regional center consumer
 You have a mental health disability
 You are a resident of a state psychiatric hospital
 You have a physical, learning, or sensory disability
 You have a traumatic brain injury
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 You need access to technology that you believe may help you
live a fuller, more independent life
 You receive SSI or SSDI and need help with employment
issues or keeping your benefits when you return to work
 You have questions about your right to vote
In deciding whether Disability Rights California can represent you directly,
DRC will consider:
 The merits of your claim
 Your ability to advocate for yourself
 Other advocacy sources you could use
 Whether your problem falls within one of DRC’s priority areas
 Availability of DRC’s resources
If we decide that we cannot help you and you disagree, you can file a
grievance.
If you want additional information about your eligibility for services or a
grievance you may call (800) 776-5746 or contact us by email at
[email protected].
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How to Get Help
To ask for Disability Rights California’s services, you may call:
1-800-776-5746 (Voice)
1-800-719-5798 (TTY)
Sacramento Regional Office
Fresno Satellite Office
916-504-5800 (Voice)
1-800-719-5798 (TTY)
Bay Area Regional Office
510-267-1200 (Voice)
1-800-719-5798 (TTY)
Los Angeles Regional Office
213-213-8000 (Voice)
1-800-719-5798 (TTY)
San Diego Regional Office
619-239-7861 (Voice)
1-800-719-5798 (TTY)
If you are a regional center client, you may ask for help from the Office of
Clients’ Rights Advocacy (OCRA).
Office of Clients’ Rights Advocacy
1-800-390-7032 (Voice)
916-504-5821 (Voice)
1-877-669-6023 (TTY)
If you are a resident at a state psychiatric hospital you may ask for help
from the California Office of Patients’ Rights (COPR).
California Office of Patients’ Rights
916-504-5811 (Voice)
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You may also access other advocacy services by contacting our Advocacy
Unit.
Advocacy Unit
Legislation and Public Information Unit (LPIU)
916-504-5800 (Voice)
Communications/Media
510-267-1200 (Voice)
1-800-719-5798 (TTY)
Peer and Self-Advocacy Unit
Developmental Disability Peer and Self-Advocacy Unit
916-504-5800 (Voice)
1-800-776-5746 (Voice)
1-800-719-5798 (TTY)
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Strategic Goals
Our Advocacy Services Will Have Impact
Communication
Expand awareness of our work, reach new audiences and enhance our
reputation by using more innovative and effective user-friendly ways of
communicating our messages and results.
Work across Disability Rights California’s programs, units and services to
increase creativity and cohesion of how we describe and portray our work
to the public and through the press.
Use diverse platforms to showcase and streamline access to DRC’s
expertise, services and products, including:
 Website - Refresh and redesign to clarify our messages in
graphics and text, simplify the electronic paths to our resources
and results and develop an App so our website is available on
mobile devices.
 Social Media - Expand the use of social media, including new
technology, to convey DRC’s messages about priorities, events
and our resources.
 YouTube - Experiment with short videos to dynamically capture
DRC’s work and provide practical presentations about how to
advocate for a specific outcome.
 Publications - Promote our publications as keys to success for
self-advocacy, add FAQs as short versions of longer
documents and expand diversity of modes, including audio
versions.
Develop Campaigns
Develop an Annual Rights Based Campaign that promotes change and
unifies and focuses our work.
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Public Policy Advocacy
Protect rights and promote systemic reform by sponsoring legislation,
advocating on bills, initiatives and budget issues affecting Californians with
disabilities.
Strengthen and increase the effectiveness of our coalition building activities
with the disability rights movement and other civil rights, social justice and
legal services groups.
Develop innovative ways to communicate the impact of our public policy
efforts to advance and protect the rights of Californians with disabilities in
the legislature.
Outreach, Public Education and Training
Continue to educate and train persons with disabilities about services and
their rights. A priority will be to make these services accessible to
individuals with disabilities from underserved communities and provide
them in a disability and culturally competent manner.
Develop innovative ways such as webinars, videos and self-help packets to
offer trainings that convey practical information and take away messages.
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We Will Provide Excellent Client Services
Combine proven methods with creative and innovative strategies to obtain
effective results for our clients, balancing our individual and systemic
advocacy efforts with the goal of advancing and defending rights and
achieving systems change.
Employ new ways of providing intake and short-term advocacy assistance
which will allows us to reach new client groups and use social media and
other technology to make these services as effective and efficient as
possible.
Clearly communicate what we can do and what we do not have the
resources to do.
Ensure our technology is accessible to staff so they can provide effective
client services.
Streamline our internal processes, including reporting, to make them as
effective and efficient as possible so that our client services will have the
biggest impact.
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Diversity
Our Board will reflect the diversity of California.
Continue to recruit and retain a diverse group of employees. As a disability
advocacy organization in the most ethnically diverse state in the nation,
Disability Rights California is committed to implementing the principles it
advocates in its work place. These include employing a diverse staff,
implementing model employment practices and involving diverse groups of
staff in decision making throughout the organization.
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Employee Excellence
Our staff are our most valuable resource. We will strive to provide
competitive salaries, benefits and promotional opportunities for staff. We
will applaud and promote the successes of our staff and work towards
identifying other ways of acknowledging achievement.
Expand the recruitment and utilization of legal fellows.
To foster cohesiveness across Disability Rights California’s offices and
units, we will enhance our internal communications to increase awareness
of the work of other programs and make our internal webpage more userfriendly.
We will support Disability Rights California’s employees in realizing their full
potential, enhancing the services they provide and ensuring the continuity
of DRC services. We will achieve this by expanding our mentoring and
internal training opportunities, including more effective use of technology
and teaming with other advocacy organizations.
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Diverse and Sustainable Funding
Work to maintain and expand our core funding.
Obtain the services of a Development Director.
Increase donations to Disability Rights California from the disability
community, clients, the public and law firms and make it easier to donate
on our webpage.
Identify and apply for other grant opportunities which are consistent with
Disability Rights California’s mission and will allow DRC to sustain or
expand its services.
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Advocacy Principles, Priorities and
Goals
Advocacy Principles
Our advocacy will be zealous, dedicated, effective, creative, innovative and
daring.
We will take on issues of importance to the disability community even when
the outcome is uncertain.
We will integrate a variety of advocacy approaches in all of our work,
including self-advocacy, legal, non-legal, media, public policy, legislative
and investigatory.
We value diversity. Our staff should reflect the ethnic, language, disability
and demographic diversity of California: rural, age, sexual orientation, a
range of different life experiences that reflect the disability community.
Our advocacy efforts will affirmatively address the needs of traditionally
underserved and under-represented communities through partnership with
such communities.
Our advocacy will be of high quality regardless of the type of service, the
nature of the problem or who the client is. We will be honest, prepared,
truthful and informed.
All staff is expected to contribute and their contributions will be valued and
respected.
When representing individuals:
 We will do what the client wants – not what we or others think is
best.
 We will be honest about our limitations, values, resources and
the likely outcome.
 The client chooses the outcome and the method of achieving
the outcome and the client’s choices will be treated with
respect.
 The client actively participates in every stage of the process.
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Impact Areas and Goals
Disability Rights California has identified the following areas in which we
plan to have positive impact over the next five-year period:
Abuse and Neglect
Nondiscrimination
Community Integration
Employment
Mental Health
Youth
Peer and Self-Advocacy
The following pages include a vision statement, five year goals and specific
objectives we plan to achieve over the next year for each impact area.
We have also identified specific one-year objectives for providing
information, training, outreach, materials and publications.
In addition, you will find general information about the services provided by
our Office of Clients’ Rights Advocacy and California Office of Patients’
Rights.
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Abuse and Neglect
Vision: We envision a world where people with disabilities are provided
with maximum protection from abuse and neglect and receive equal
protection under the law without infringing on their personal autonomy,
privacy, and individual liberties; where law enforcement agencies and
prosecutors are trained in how to work with people with disabilities and
prioritize cases involving victims with disabilities; where oversight and
licensing agencies conduct timely and thorough investigations and ensure
involved entities and/or individuals sustain corrective action; and where
people with disabilities are provided accommodations to ensure equal
access to investigators and the criminal justice system.
Goals
1. Reduce criminal victimization, abuse, and neglect of
people with disabilities and improve response and
involvement of oversight agencies and the criminal
justices’ system.
2016-2017 Objectives
a. Conduct select investigations and make recommendations
regarding corrective action to prevent the likelihood of abuse,
neglect, or criminal victimization of people with disabilities
including, for example, investigation of negligent and unsafe
housing conditions in room and board facilities, abuse and
neglect of residents in assisted living facilities, and excessive
seclusion and behavioral and chemical restraint in community
residential facilities. (PADD, PAIMI, PAIR, Trust Fund)
b. Conduct select investigations into and/or participate in systemic
advocacy regarding adequacy and timeliness of responsible
entities, including law enforcement, licensing, criminal justice,
regional centers, developmental centers, and other protective
services agencies to incidents of abuse, neglect, and criminal
victimization of people with disabilities including, for example,
reporting and investigations of abuse or neglect of inmates
county in jails and negligent and unsafe housing conditions in
room and board facilities. (PADD, PAIMI, PAIR, Trust Fund)
c. Monitor conditions at developmental centers that have either
lost federal certification and oversight or are under an
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d.
e.
f.
g.
agreement with Centers for Medicare and Medicaid Services
(CMS) to improve conditions and ensure adequate resident
care and treatment while working to help transition residents to
the community. (PADD)
Monitor and ensure reporting of incidents of unexpected or
suspicious deaths and allegations of physical and sexual abuse
required to be reported Disabilities Rights California by regional
center vendors that provide residential services or supported
living services, long-term health facilities, and acute psychiatric
hospitals and investigate select incidents. (PADD)
Monitor the use of behavioral restraint and seclusion by
regional center vendors that provide residential services or
supported living services, long-term health facilities, and acute
psychiatric hospitals and investigate select incidents. (PADD)
Monitor and ensure the reporting of incidents of serious injuries,
deaths, and suicide attempts by psychiatric residential
treatment facilities serving youth under age 21. (PAIMI)
Contact agencies when appropriate to report instances of
abuse and neglect. (PADD, PAIMI, PAIR)
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Nondiscrimination
Vision: We envision a world where people with disabilities have the same
human and civil rights as others, full access to all of society and can
participate fully in electoral and governmental systems. The world will no
longer have physical access barriers or stigmatizing attitudes toward
people with disabilities and will provide disability accommodations to
enable people with disabilities to participate fully.
Goals
1. Increase and maintain affordable, accessible housing.
2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
reduce housing discrimination in private housing, in a variety of
continuum of care housing types and in homeless and
transitional housing settings. Also, ensure that licensing
restrictions in housing do not inhibit community living and that
anti-discrimination laws and regulations effectively address the
needs of people with disabilities. This work includes our
continuing work monitoring the settlement of Doe v. San Diego
Rescue Mission, and/or litigation of other housing discrimination
cases. (PAIMI, PAIR, PAAT, )
b. Through direct representation and/or systemic advocacy,
reduce discrimination in local government planning and
regulation of housing and land use. Also, improve local
government planning for affordable, accessible housing and a
variety of living arrangements; for example, by continuing to
litigate and/or monitor settlements in Independent Living Center
of Southern California et al v. City of Los Angeles et al. and to
identify an additional non-compliant housing development and
begin advocacy as needed, by advocating for increased
accessibility in state housing programs, advocating against “not
in my backyard” activities, and/or working to prevent the
criminalization of people who have disabilities and are
homeless. (PAAT, PADD, PAIMI, PAIR, , Bank Grant)
c. Through direct representation and/or systemic advocacy,
preserve or expand the availability of public and subsidized
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housing programs for people with disabilities by reducing
discrimination, expanding accommodations in the programs,
increasing the number of accessible units, and developing more
supported housing and permanent affordable, accessible
housing fund sources. This objective can be achieved via
advocacy with public housing authorities or other agencies
and/or direct representation. Examples could include advocacy
to prevent public housing authorities from incorrectly
considering IHSS income in the calculation of eligibility and
direct representation. (PAIMI, PAIR, PAAT, Bank Grant)
2. Improve disability access and reduce discrimination in
private, public and government programs and services so
that all people with disabilities are able to use them
effectively.
2016-2017 Objectives
a. Through direct representation, investigation, monitoring, and/or
systemic advocacy, eliminate access barriers and reduce
discrimination. This work includes enforcing the rights of
individuals to have access for service animals, particularly in
healthcare or professional settings, such as our work in
Wilkinson v. the Permanente Medical Group, Inc.; improving
access to websites, technology and assistive technology,
including for people with sensory disabilities; challenging
discrimination, in places of public accommodations and
businesses and in government programs, such as childcare
facilities, healthcare facilities, and professional offices; and
ensuring that government programs and services are
accessible. (PADD, PAIMI, PAIR, PAAT)
b. Through direct representation, monitoring, and/or systemic
advocacy, improve access to public transportation systems,
streets, and sidewalks, for example, by advocating for
accessible parking. (PAIR, PAAT)
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3. Address discrimination in employment.
2016-2017 Objective
a. Through direct representation and/or systemic advocacy,
advocate for the rights of people with disabilities to be free
from discrimination in the workplace and to eliminate
discriminatory barriers to employment, including enforcing their
right to receive reasonable accommodations. (PADD, PAIMI,
PAIR)
4. Enforce rights by ensuring that individuals with disabilities
have access to courts, administrative agencies, and legal
services.
2016-2017 Objective
a. Respond to proposed constraints on access through amicus
briefs or other advocacy as needed. (PADD, PAIMI, PAIR,
PAAT, Trust Fund, Bank Grant)
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Community Integration
Vision: We envision a world where people with disabilities can
passionately live life to the fullest and on their own terms in communities of
their choice. People will not live in institutions and will have what they need
to live, work and play as they want.
Goals
1. Lanterman Act: Advocate to transition people out of
facilities to the community and increase community living
options and access to a full range of community services
and supports for people with developmental disabilities,
consistent with the principles of the Supreme Court’s
Olmstead decision.
2016-2017 Objectives
a. Through direct representation, systemic advocacy, and/or
investigations, ensure that people with intellectual and
developmental disabilities live and spend their days in the least
restrictive environment and are not unnecessarily placed or
remain in developmental centers, Institutions for Mental
Disease (IMD), and other types of restrictive facilities, for
example, by:
 Advocating for developmental center closure plans and
providing direct representation as necessary to advocate for
residents’ rights to have appropriate transition plans, quality
assurance systems, and ensure proper crisis services are in
place once people move;
 Advocating as appropriate for transition to the community of
people housed in IMDs beyond the statutory 180-day limit and
ensuring that access to public benefits are not adversely
impacted;
 Preventing placements in restrictive settings; and
 Ensuring that the State develops and implements an
appropriate transition plan to comply with federal regulations on
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Home and Community Based Services requiring community
services settings.
 (PADD, PAAT, EA)
b. Through direct representation and/or systemic advocacy,
ensure that people with intellectual and developmental
disabilities have access to essential Lanterman Act services of
their choosing in order to live, work, and engage in recreation in
integrated, community settings. For example, by ensuring that
regional centers appropriately provide:
 Services that lead to competitive integrated employment;
 Due Process rights;
 Family supports to enable people to live in the family home; and
 Supported and independent living services.
 (PADD, PAAT, PABSS, EA)
2. Address disparities in access to services and supports
from regional centers for people with intellectual and
developmental disabilities from language and ethnicdistinct communities.
2016-2017 Objectives
a. Through direct representation and/or systemic advocacy: (i)
document and reduce disparities in the provision of regional
center services and supports to consumers from language and
ethnic distinct communities and/or (ii) address purchase of
service disparities. (PADD, EA)
b. Through direct representation and/or systemic advocacy,
advocate for regional centers to provide communication
(including IPPs and notices), services, and supports in
languages that people with intellectual and developmental
disabilities and their families prefer, consistent with statutory
timelines. (PADD, EA)
3. Health Care and Long-Term Services and Supports: Ensure
that people with disabilities have access to essential health
care services and a full range of community long-term
services and supports to enable them to live in the
community and avoid institutionalization, consistent with
the principles of the Supreme Court’s Olmstead decision.
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2016-2017 Objectives
a. Health Care Access: Through direct representation and/or
systemic advocacy, ensure that people with disabilities have
access to essential health care services and long-term services
and supports through, for example, the following activities:
 Improve access to Medi-Cal and Home and Community-Based
Waiver services.
 Maintain and improve access to Medi-Cal services, such as
ensuring that California enacts the Medicaid spousal
impoverishment expansions required by the Affordable Care
Act (ACA).
 Address placement of individuals in nursing facilities rather than
at home with supports.
 Develop a litigation or policy strategy to address the lack of
community-based nursing services.
 Litigate the Thomas v. Kent case challenging the state’s
practice of placing arbitrary cost limitations on nursing services
in the community
 Advocating for appropriate Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) services, including
continuing to monitor AD v. Kent.
(PADD, PAIR, PATBI, PAAT, EA)
b. Managed Care: Through direct representation and/or systemic
advocacy, ensure that Medi-Cal managed care organizations
provide full access to essential health care benefits to people
with disabilities through, for example, the following activities:
 Ensure that individuals have access to: durable medical
equipment, medication, long-term services and supports, due
process, continuity of care, primary care physicians and
specialists, full access to healthcare under managed care that
accommodates the needs of people with disabilities, and the
Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) program. (PADD, PAIR, PAAT, EA)
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c. IHSS: Through direct representation and/or systemic advocacy,
ensure that people with disabilities have access to In-Home
Supportive Services (IHSS) through, for example, the following
activities:
 --Monitor fundamental changes in the IHSS program such as
implementation of federal overtime rules, provider workweek
exemptions, and electronic timesheets;
 --Monitor Implementation of Gunn-Cushman v. DSS and DHCS
Settlement Agreement, involving accessible timesheets and
notices for applicants and recipients who are blind or visually
impaired;
 --Provide direct representation and/or systemic advocacy on
issues faced by applicants and recipients of IHSS, including the
following: share of costs, termination or reduction of hours,
protective supervision, lack of quality assessments for
underserved communities, and timeliness of assessments, and
delays in application processing and access to IHSS records;
 --Monitor the class action settlement regarding In-Home
Supportive Services in Oster v. Lightbourne, including
restoration of the 7% cut;– and/or
 --Provide direct representation or systemic advocacy to ensure
appropriate implementation of parent provider rules including
two parent providers for multiple children.
(PADD, PAIMI, PAIR, PABSS, EA, Trust Fund)
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Mental Health
Vision: We envision a world in which people with mental health disabilities
can live life to the fullest and on their own terms, and where they are not
abused, neglected, or forcibly medicated. People with disabilities who
reside in facilities will have the services they need to lead fulfilling lives and
transition to communities of their choice to live, work, and play as they
want.
Goals
1. Improve the quality of life for people with disabilities in
institutions, by protecting their rights and ensuring that
they have effective, client-centered, culturally competent
services that will help their transition into the community.
2016-2017 Objectives
a. Provide direct representation and/or systemic advocacy on
select patients’ rights issues, including conducting a legal clinic
at Napa State Hospital. Issues may include fair wages for
hospital residents, access to electric wheelchairs, adequacy of
dental care for state hospital residents, right to appear at court
hearings, access to assistive technology, adequacy of monthly
personal incidental allowance, and enhanced treatment units.
(PAIMI, PAAT)
b. Provide direct representation and/or systemic advocacy on
behalf of adults and youth with disabilities in correctional
facilities, regarding issues such as solitary confinement,
inadequate mental health treatment, program access, delays in
restoration of competence, and access to diversion programs,
including monitoring the settlement in Johnson v. County of Los
Angeles. (PAIMI, PAAT, EA).
2. Ensure that people with mental health disabilities have
access to a full range of community services and supports
to enable them to live in the community and avoid
institutionalization, consistent with the principles of the
Supreme Court’s Olmstead decision.
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2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
ensure that adults and youth with mental health disabilities in
facilities and in the community have access to a full range of
community mental health services, supports, accommodations
and housing which give individuals an equal opportunity to
participate fully in public and private life and avoid
institutionalization. (PAIMI, EA)
b. Through direct representation and/or systemic advocacy,
ensure that people with mental health disabilities have
adequate access to treatment and services consistent with the
mental health/medical parity requirements for private health
insurance plans, including care in institutions. (PAIMI,
CalMHSA)
3. Reduce or eliminate use of forced treatment of mental
health clients
2016-2017 Objectives
a. Provide direct representation and/or systemic advocacy
regarding the rights of individuals to due process before being
involuntarily medicated, primarily in institutions. For example,
we will monitor implementation of involuntary medication
hearings and capacity to consent to outpatient treatment.
(PAIMI, EA)
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Voting
Vision: Voters will have full and equal access to polling places with
accessible voting systems and assistive technology. Written material,
including ballots and election related information, will be available in
alternative formats and written in easy-to-understand language. Voters will
be free from interference or coercion when registering to vote and casting a
ballot.
Goals
1. Make sure voting systems and election processes are
accessible and barrier-free and increase the numbers of
people with disabilities who vote.
2016-2017 Objectives
a. Work with the Secretary of State, legislators, election officials,
county Voter Accessibility Advisory Committees, and voting
rights advocates and stakeholders to maximize input from and
encourage voting and civic engagement by people with
disabilities, and address systemic issues such as:
i. polling place access;
ii. accessibility of official voting guide content, ballots, and
election-related websites;
iii. preserving the right to vote for people under conservatorships
by implementing SB 589 related to voting by mail; and
iv. mandated voter registration agencies’ compliance with
requirements in the National Voter Registration Act (NVRA),
including adding new NVRA entities.
For example, we will:
 continue to serve on the Secretary of State’s Voter Accessibility
Advisory Committee and local Voter Accessibility Advisory
Committees;
 outreach to nursing homes and other facilities;
 advocate for accessible vote-by-mail ballots;
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 develop a strategy in collaboration with selected independent
living centers to help people with disabilities make connections
between voting and their lives; and
 conduct training for poll workers in preparation for the 2016
election. (PAVA)
b. Host an election hotline, for the November 8, 2016 general
election, to foster communication and report problems faced by
voters and get our phone number and website address in as
many county sample ballots and on as many websites before
Election Day as possible. (PAVA)
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Work Incentives
Vision: We envision a world where people with disabilities have the
opportunity to engage in integrated employment with competitive wages
and benefits. People with disabilities will receive the supports and
reasonable accommodations they need to enable them to enter and remain
in the workforce.
Goals
1. Increase access to integrated competitive employment.
2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
advocate for the rights of people with intellectual and
developmental disabilities to engage in integrated competitive
employment. For example, this work includes monitoring
implementation of the California Competitive Integrated
Employment Blueprint and advocating to ensure its successful
implementation, once the Blueprint has been finalized. (PADD,
PABSS, CAP)
b. Monitor the Department of Rehabilitation (DOR)’s compliance
with Workforce Innovation and Opportunity Act (WIOA)
provisions and other appropriate authority regarding sheltered
workshops and provide direct representation to people seeking
to transition out of sheltered workshops. (PADD, PABSS)
2. Advocate for the rights of individuals seeking and
receiving Rehabilitation Act funded services.
2016-2017 Objectives
a. Directly represent individuals in enforcing their rights to receive
services from the Department of Rehabilitation and other
Rehabilitation Act funded organizations. For example, we will
advocate for clients to obtain employment services based on
their informed choice of employment outcome and advocate for
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the rights of people with mental health disabilities to receive
supported employment services. (CAP, )
b. Work with the Department of Rehabilitation and other
Rehabilitation Act funded service providers to increase access
to benefits of clients participating in those programs. For
example, we will ensure that DOR considers and provides
reasonable accommodations during the application and
evaluation processes, and before closing a client’s case;
enforcing the due process rights of applicants and clients
including the right to have their applications accepted and
processed timely. (CAP, )
3. Advocate for the successful employment and removal of
barriers to employment for people receiving Social
Security Benefits.
2016-2017 Objectives
a. Directly represent Social Security beneficiaries on issues such
as work incentives, barriers to employment and problems with
representative payees, including in negotiations, mediations, or
administrative proceedings. For example, we will advocate for
appropriate reasonable accommodations for community college
students who receive Social Security benefits to enable them to
become employed. (PABSS)
b. Through direct representation, ensure that people with
disabilities who receive Social Security benefits or Cash
Assistance Program for Immigrants benefits maintain access to
those benefits. For example, advocate to enforce the
requirement that representative payees report claimants’
earnings to the Social Security Administration (SSA) and for
SSA to communicate timely with claimants regarding notices to
ensure their appeal rights. (PADD, PAIR)
4. Ensure that schools, regional centers and the Department
of Rehabilitation provide adequate, outcome-driven
transition services to youth and young adults with
disabilities.
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2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
advocate for school districts, regional centers and DOR to
provide appropriate transition planning and services in the least
restrictive environment and improve outcomes. For example,
advocate to ensure that an individual’s right to competitive
integrated employment is addressed at Individual Education
Program (IEP) and Individual Program Plan (IPP) meetings .
(CAP/PABSS)
b. Through direct representation and/or systemic advocacy
advocate that institutions of higher education provide DOR
clients with reasonable accommodations and supports.
(PABSS)
c. Through direct representation and/or systemic advocacy ensure
that the DOR provides pre-employment transition services in
accordance with Workforce Innovation and Opportunity Act.
(CAP/PABSS)
5. Provide counseling and support to people with disabilities
who are beneficiaries of the Social Security and
Supplemental Security Income programs.
2016-2017 Objective
a. Support beneficiaries of the Social Security and Supplemental
Security Income programs who want to return to work to make
a successful and profitable transition to the workforce by: 1)
helping them take advantage of Social Security work incentives
programs, which may delay or reduce the effect of work on
monetary benefits and health insurance and 2) aproviding
information about other work incentives, benefits counseling
services, and other resources that may help beneficiaries
succeed in their work attempts, or may help beneficiaries to
improve financial stability as they return to work. (WIPA)
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Youth
Vision: We envision a world in which children and young adults with
disabilities have equal access to education and related services and
receive the coordinated community based care and supports they need to
allow them to successfully transition to employment, higher education, or
other meaningful, community options.
Goals
1. Ensure that schools, mental health agencies and regional
centers provide care coordination and connect students
with community based and other resources for which they
are eligible, including integrated mental health services.
2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
advocate for services, including, but not limited to, schoolbased behavior and mental health services and peer support
services, in the most integrated settings and least restrictive
environment to prevent placement in institutions. (PADD,
PAIMI, EA, Trust Fund)
b. Through direct representation and/or systemic advocacy
advocate on behalf of students with disabilities who are in out of
home placements to access educational supports and services.
(PADD/EA)
c. Through direct representation and/or systemic advocacy
advocate for youth who are involved in dependency and
delinquency systems, including children who are in foster care
or reside in institutions, to access mental health services at
school and in the community. (PAIMI/EA)
2. Ensure that criminalization, segregation, “push-out,” and
punitive measures are not used as a substitute for meeting
children’s needs for positive behavior intervention,
academic and related services, mental health services and
social skills training.
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2016-2017 Objectives
a. Through direct representation and/or systemic advocacy
advocate for behavior assessments and behavior intervention
plans, and advocate against inappropriate behavior
interventions, seclusion, and restraint to prevent the
institutionalization of youth with disabilities. (PAIMI, PADD, EA)
b. Through direct representation and/or systemic advocacy
advocate against the use of Student Attendance Review Board
referrals as a means to address disability-related truancy.
(PADD/EA)
3. Ensure that students with disabilities have equal access to
education and related services.
2016-2017 Objectives
a. Through direct representation and/or systemic advocacy,
ensure that students with disabilities have access to education
and related services in the least restrictive environment and
have equal access to charter schools, transportation, and due
process protections to prevent placement in facilities, including
continuing to monitor/litigate Chanda Smith v LAUSD. (PADD,
PAIMI, EA, Unrestricted)
b. Through direct representation and/or systemic advocacy,
oppose segregated public school sites, including continuing to
litigate the Doe v. Pasadena Unified School District class action
lawsuit regarding the school district’s practice of placing youth
with certain disabilities in a segregated setting and to advocate
for integrated placements in the Mt. Diablo Unified School
District. (PADD, PAIMI, EA)
c. Through direct representation and/or systemic advocacy ensure
that the California Department of Education is adequately
exercising supervisory authority over local education agencies
that systemically deny students with disabilities access to
special education and related services, including continuing to
litigate Valenzuela v. Torlakson regarding the Oakland Unified
School District’s compliance with Special Education Law,
including placing students with mental health disabilities in
segregated settings. (PADD, PAIMI)
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Peer and Self-Advocacy
Vision: We envision a world where people with disabilities have the skills
and knowledge to advocate and speak for themselves. The world will
recognize that people with disabilities have a wealth of experience and
knowledge and are capable of sharing this knowledge with each other so
that all people with disabilities become effective self advocates.
Goals
1. Improve the self-advocacy skills of people with disabilities,
primarily in facilities, so they can advocate for themselves
and have independent, productive, quality lives of their
choosing in the community.
2016-2017 Objectives
a. Train people with mental health disabilities on topics of their
choice through ongoing self-advocacy groups, the majority of
which will occur in facilities. (PAIMI)
b. Ensure that people with mental health disabilities and other
relevant groups have the information they need to self-advocate
to receive services and avoid institutionalization through
workshops/trainings, material development, and outreach, for
example, by developing and/or revising publications and/or sets
of training materials and conducting outreaches and workshops
to language and ethnic distinct and LGBTQ communities.
(PAIMI)
2. Work to transform systems and eliminate barriers, so
people with disabilities are heard, respected and valued.
2016-2017 Objectives
a. Tell people about their rights and give effective, client-centered,
and culturally competent services to help people in institutions
move into the community and to effectuate changes to systems,
for example, by helping with a legal clinic at Napa State
Hospital. (PAIMI)
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b. Work with local groups so the California Memorial Project is an
independent and ongoing community effort so that people who
live in facilities are respected and honored. (PAIMI)
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Information, Training, Outreach and
Publications
Vision: We envision a world in which people with disabilities are fully
informed about their rights and available resources. They will have access
to training and informative materials in a variety of formats and languages.
Goals
1. Counsel and Advice: Regional office staff will provide counsel
and advice to people with disabilities as well as their advocates,
family members, and/or other relevant groups of people on
disability related legal issues.
2016-2017 Objective
a. Provide counsel and advice on at least 4,000 service requests.
(PADD, PAIMI, PAIR, PABSS, PATBI, PAVA, PAAT, CAP, EA,
Trust Fund)
2. Publications: Disability Rights California will develop, or revise,
and distribute publications and/or training materials to people
with disabilities, their family members, advocates, service
providers, and/or other relevant groups of people. Examples
include the following:
2016-2017 Objectives
Nondiscrimination
a. Updating selected publications and links on and DRC’s public
web page related to Nondiscrimination issues. (PADD, PAIMI,
PAIR)
b. Develop two new publications on topics- such as on effective
communications, fair housing, ADA Title II Access, and/or ADA
Title III Access.
c. Complete at least 2 publications on physical accessibility in
subsidized housing.
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Community Integration: Lanterman
a. Develop fact sheets on changes to the law for people with
developmental disabilities. (PADD)
b. Develop a short, consumer-friendly fact sheet regarding federal
Home and Community-Based Services (HCBS) regulations
(PADD, EA)
c. Develop a publication and template “4731 complaint” on the
right of regional center clients to receive information, including
timely notices, in their native languages. (PADD, EA)
d. Develop a publication and update the template letter that
consumers and families can use to request IPPs in their native
language. (PADD, EA)
Community Integration: Health Care/Long-Term Services and
Supports
a. Develop publications on using share of costs to pay for
additional services. (PADD, PAIR, PAAT, EA)
b. Develop a publication on medical exemption requests. (PADD,
PAIR, PAAT, EA)
c. Develop a fact sheet on Medi-Cal Fee for Service. (PADD,
PAIR, PAAT, EA)
d. Develop a publication regarding IHSS issues such as parent
provider rules or proration. (PADD, PAIR, PAAT, EA)
Mental Health
a. Review and update, as necessary, all DRC publications related
to Mental Health, including the following publications: Getting
Medi-Cal Outpatient Specialty Mental Health Services,Medi-Cal
Mental Health Entitlement!!! Individual Mental Health
Rehabilitation Services, Home & Community-Based Services
for Individuals Subject to Temporary LPS Conservatorship - An
Unfulfilled Promise? A Tale of Two Settings: Institutional and
Community-Based Mental Health Service in California Since
Realignment in 1991, Voluntary Services as Alternative to
Involuntary Detention under LPS Act, and Your Right to
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Receive Mental Health Services in the Language You
Understand. (PAIMI/EA)
Work Incentives
Youth
a. Develop a publication on Achieving a Better Life Experience
(ABLE) Act of 2014 (CAP/PABSS/OCRA)
b. Develop a best practices guide on advocating for transition-age
youth to receive services from DOR, school districts, and
regional centers. (CAP/PABSS/OCRA)
a. Update the information contained in “Special Education Rights
and Responsibilities Manual.” (PADD, PAIMI, EA, Trust Fund)
3. Outreach and Training: Disability Rights California will provide
training and/or outreach to people with disabilities, their family
members, advocates, service providers, and/or other relevant
groups of people on disability related legal issues. Examples
include the following:
2016-2017 Objectives
Nondiscrimination
a. Conduct at least three presentations or trainings regarding
physical accessibility needs, obligations, and opportunities
related to housing;
b. Conduct trainings regarding disability discrimination against
people who are experiencing homelessness;
c. Conduct trainings to people who are deaf or hard of hearing
about their rights to effective communication; and
d. Conduct trainings to people who use the public transportation
system about their rights to accessible transit.
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Community Integration: Lanterman
a. Provide trainings to people with intellectual and developmental
disabilities about their right to live independently and/or to
obtain competitive, integrated employment. (PADD)
b. Provide trainings to people with intellectual and developmental
disabilities about their rights to receive Individualized Program
Plans (IPPs) and other information in their native languages
and to receive Independent Living Skills (ILS) in the family
home. (PADD, EA)
c. Provide trainings to people with intellectual and developmental
disabilities about their rights under the federal Home and
Community Based Waiver regulations (PADD, EA)
d. Provide trainings to people with intellectual and developmental
disabilities who reside in facilities about their rights in the
facilities and to community living options. (PADD, EA)
e. Provide trainings to people with intellectual and developmental
disabilities about their rights to independent living and
supported living services. (PADD)
f. Provide trainings to people with intellectual and developmental
disabilities about their right to self-determination services and
other new service models. (PADD)
Community Integration: Health Care/Long-Term Services and
Supports
a. Provide trainings to groups about their right to access health
care. (PADD, PAIMI, PAIR, PAAT, EA)
Mental Health
a. Conduct trainings to residents of state hospitals on their right to
receive fair wages for their work.
b. Conduct a law clerk project at Napa State Hospital to ensure
effective and client centered services that will help with
transition into the community.
c. Conduct prisoners’ rights and patients’ rights trainings to
patients’ rights advocates
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Work Incentives
a. Provide training to consumers, Social Security recipients,
families, independent living service providers, supported living
providers, transition teachers, and regional center staff about
work incentives, the Ticket to Work Program, reporting wages,
and Achieving a Better Life Experience (ABLE) Act of 2014.
(PABSS, EA)
b. Provide trainings to clients and potential clients of Rehabilitation
Act funded agencies, community partners, and the public on the
right to competitive integrated employment and informed choice
in receiving vocational rehabilitation services. (PABSS, CAP,
EA)
c. Provide trainings to transition-age youth and their families on
the impact of parental deeming on eligibility for Supplemental
Security Income (SSI). (CAP/OCRA)
d. Provide targeted trainings to underserved communities
including Asian Pacific Islanders, African Americans, Latinos,
and mono-lingual communities on vocational rehabilitation
services. (CAP, PABSS, EA)
Youth
a. Conduct trainings to parent groups, public defenders, and
court-appointed special advocates to explain how to advocate
for students who are disciplined for disability-related absences.
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Patients’ Rights Advocacy
People with psychiatric disabilities are vulnerable to abuse and neglect.
Their rights may be unreasonably and unlawfully denied. A patients’ rights
advocacy system that is independent of the service providers will help
eliminate abuse, neglect and denial of rights and expand access to timely,
appropriate and culturally competent treatment and services.
Goals
1. Protect and enforce the rights of people in state hospitals.
2. Provide access to an effective patients’ rights complaint
process by investigating and taking action to resolve state
hospital residents’ complaints. Also take action to resolve
abuse, unreasonable denial of rights and punitive withholding of
rights that cannot be resolved by the county patients’ rights
advocates. Make sure the patients’ rights advocacy system is
accessible to patients.
3. Support county patients’ rights advocates by providing
information, training and reviews of their programs.
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Clients’ Rights Advocacy
People with intellectual and developmental disabilities served by the 21
regional centers are vulnerable to abuse and neglect and their rights are
often not observed or protected. A clients’ rights advocacy system that is
independent of the service providers will help eliminate abuse, neglect and
denial of rights and expand access to the services and supports people
with intellectual and developmental disabilities need to live independent
and productive lives.
Goals
1. Protect the rights of regional center consumers and help people
with intellectual and developmental disabilities pursue
administrative and legal remedies.
2. Investigate and resolve complaints of abuse, unreasonable
denial of rights and punitive withholding of rights guaranteed by
the Lanterman Act to residents with disabilities in licensed
health and community care facilities.
3. Provide information, referrals and training for regional center
consumers and their families.
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APPENDIX A
Disability Rights California receives funds from federal and state agencies,
the State Bar of California, foundations and private donations.
Here is information to help you understand the titles of the federal grants
and state funds identified in the Goals and Objectives:
FEDERAL FUNDING
PADD: In 1978, Disability Rights California became the agency in
California responsible for protecting and advocating for the rights of people
with intellectual and developmental disabilities under the federal
Developmentally Disabled Assistance and Bill of Rights Act of 1978
(PADD).
PAIMI: The Protection and Advocacy for Individuals with Mental Illness Act
of 1986 (PAIMI) extended Disability Rights California’s mandate to people
with psychiatric disabilities.
PAIR: The Protection and Advocacy of Individual Rights Act of 1992 (PAIR)
extended Disability Rights California’s mandate to people with physical,
learning and sensory disabilities.
PAAT: Beginning in 1998, Disability Rights California received limited
funds under the Protection and Advocacy for Assistive Technology (PAAT)
Act to increase access to assistive devices and equipment.
PABSS: Under the Protection and Advocacy for Beneficiaries of Social
Security (PABSS) Act, Disability Rights California provides advocacy
assistance to Beneficiaries of Social Security Disability or Supplemental
Security Income (SSI) and to people who are working and are beneficiaries
of Medicare, Medi-Cal or In-Home Supportive Services (IHSS) about
securing or requiring employment. These funds also support specific
advocacy work targeted at problems people have with their representative
payees.
PATBI: Protection & Advocacy for Individuals with Traumatic Brain Injury
(PATBI) assures that people with traumatic brain injury receive appropriate
services and supports within their own communities. Disability Rights
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California promotes the rights of people with Traumatic Brain Injury (TBI)
through advocacy assistance, education and outreach to build TBI
community awareness and support for inclusion. This program was
established by federal grants from the Department of Health and Human
Services.
PAVA: Part of the Help America Vote Act of 2002 (HAVA) was the
Protection and Advocacy for Voting Access (PAVA) program. PAVA
expanded Disability Rights California's ability to work for full participation in
the electoral process for people with disabilities, including registering to
vote, casting a vote and accessing polling places.
Equal Access (EA): Disability Rights California receives funds from the
State Bar under the Equal Access to Justice Project to provide services to
indigent Californians with disabilities.
IOLTA: We receive support from the State Bar of California's Interest on
Lawyers Trust Account (IOLTA) program, which funds legal services for
low-income people around California.
CAP: Disability Rights California receives funds under a contract with the
State Department of Rehabilitation to provide services under the Client
Assistance Program (CAP), a federal program that provides information
and assistance to individuals seeking or receiving services under the
Rehabilitation Act, including assistance in pursuing administrative, legal
and other appropriate remedies to ensure the protection of their rights.
CalMHSA: Disability Rights California receives funds from the California
Mental Health Services Authority (CalMHSA) for a stigma and
discrimination reducing project.
Sonoma County: Disability Rights California’s Peer and Self-Advocacy
program receives Mental Health Services Act funding from the County of
Sonoma to provide peer and self-advocacy services in that County.
WIPA: Disability Rights California receives funding from the Social Security
Administration to assist recipients of Social Security Benefits to plan their
benefits to enable them to successfully return to work.
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STATE CONTRACTS
Disability Rights California also provides services under contracts with the
Department of State Hospitals (California Office of Patients’ Rights,
“COPR”) and with the Department of Developmental Services (Office of
Clients’ Rights Advocacy, “OCRA”). COPR’s and OCRA’s work is not
covered in the priorities discussed in this document.
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