RSA-509 - Protection & Advocacy of Individual Rights (PAIR) Program Performance Report

Iowa (IOWA P and A SERVICES, INC.) - H240A110016 - FY2011

General Information

Designated Agency Identification

NameDisability Rights Iowa
Address400 East Court Avenue
Address Line 2Suite 300
CityDes Moines
StateIowa
Zip Code50309
E-mail Addressinfo@disabilityrightsiowa.org
Website Addresshttp://www.disabilityrightsiowa.org
Phone515-278-2502
TTY 515-278-0571
Toll-free Phone800-779-2502
Toll-free TTY866-483-3342
Fax515-278-0539
Name of P&A Executive DirectorSarah Mitchell, Interim Exec.Dir.
Name of PAIR Director/CoordinatorCynthia A. Miller
Person to contact regarding reportCynthia A. Miller
Contact Person phone515-278-2502
Ext.

Part I. Non-Case Services

A. Individual Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas0
2. Individuals receiving I&R outside PAIR priority areas47
3. Total individuals receiving I&R (lines A1 + A2)47

B. Training Activities

1. Number of trainings presented by PAIR staff7
2. Number of individuals who attended training (approximate)394

The following are trainings conducted by staff that was at least partially paid by the PAIR program:

Iowa Law Enforcement Academy (ILEA) Disability Rights Iowa (DRI) provided 4 trainings at the Iowa Law Enforcement Academy entitled “Promoting Awareness and Understanding of People with Disabilities.” The audience consists of police officers, park rangers, fire department personnel, and other law enforcement trainees. The focus of the presentation is to increase awareness of specific disabilities to recognize stereotypes and faulty perceptions about people with disabilities, to understand what individuals with disabilities encounter with the law enforcement community, to improve communications and interactions between individuals with disabilities and the law enforcement community, and to learn about DRI and other useful resources. There was 139 persons in attendance at these trainings.

Guardianship: DRI presented a training to 25 individuals on the Court Mental Health Workgroup on the subject of alternatives to guardianship. The purpose of the training was to inform the workgroup about alternatives to plenary guardianships and the law regarding creation of substitute decision making alternatives. This workgroup was asked to consider the alternatives to plenary guardianships in their activities when working on the mental health system change.

Special Education trainings: DRI trained 230 individuals at 2 different conferences that included adult and children case managers. Training was to educate case managers, Central Point of Coordination (CPCs) and nurses about the legal rights of students with disabilities and how they can advocate for their consumers in the education system and particpate to the best extent in creating IEPs that meet their consumer’s needs.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles2
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website115,884
5. Publications/booklets/brochures disseminated8,163
6. Other (specify separately)0

Narrative

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)1
2. Additional individuals served during the year31
3. Total individuals served (lines A1 + A2)32
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)1

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 0

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility2
2. Employment6
3. Program access4
4. Housing6
5. Government benefits/services6
6. Transportation0
7. Education0
8. Assistive technology1
9. Voting0
10. Health care4
11. Insurance1
12. Non-government services0
13. Privacy rights1
14. Access to records0
15. Abuse0
16. Neglect0
17. Other2

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor23
2. Other representation found1
3. Individual withdrew complaint5
4. Appeals unsuccessful1
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit3
9. Other0

Please explain

E. Intervention Strategies Used in Serving Individuals

List the highest level of intervention used by PAIR prior to closing each case file.

1. Technical assistance in self-advocacy2
2. Short-term assistance30
3. Investigation/monitoring0
4. Negotiation1
5. Mediation/alternative dispute resolution0
6. Administrative hearings0
7. Litigation (including class actions)0
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 220
3. 23 - 5921
4. 60 - 645
5. 65 and over6

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females21
2. Males11

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race0
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander0
6. White30
7. Two or more races0
8. Race/ethnicity unknown1

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent21
2. Parental or other family home0
3. Community residential home0
4. Foster care0
5. Nursing home6
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center1
9. Homeless2
10. Other living arrangements1
11. Living arrangements not known0

E. Primary Disability of Individuals Served

Identify the individual's primary disability, namely the one directly related to the issues/complaints

1. Blind/visual impairment1
2. Deaf/hard of hearing1
3. Deaf-blind0
4. Orthopedic impairment9
5. Mental illness1
6. Substance abuse0
7. Mental retardation0
8. Learning disability0
9. Neurological impairment3
10. Respiratory impairment3
11. Heart/other circulatory impairment1
12. Muscular/skeletal impairment5
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability8

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities2

2. Number of individuals potentially impacted by policy changes20,000

Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.

Olmstead Task Force: DRI continues to sit on this legislatively created task force designed to advocate for the state system to provide appropriate community supports for people who are threatened with being institutionalized or who require additional services to remain in their own home or in the least restrictive environment in the community. The state plan originally did not contain any mention or consideration for individuals with brain injury but through advocacy, the state plan now includes persons with brain injury. In addition, the Iowa Department of Human Services and the Olmstead Consumer Task Force sponsored several public forums on mental health and disability services in cooperation with Iowa legislators. These community conversations provided an opportunity to share opinions and experiences, and learn about the DHS Olmstead Plan for Mental Health and Disability Services entitled "A Life in the Community for Everyone." The Olmstead plan has the potential to impact every Iowan with a disability and the task force estimated there are 336,139 Iowans with disabilities in the state. (from the State Data Center of Iowa found at http://www.statelibraryofiowa.org/datacenter/Publications/dis11.pdf).

Iowa Disability Action Network: DRI sits on the IDAN committee which is made up of several agencies who come together to discuss policy, legislative priorities and issues related to the disability community including persons diagnosed with developmental disabilities, TBI, physical and mental health disabilities. Issues discussed were related to medical, transportation, housing, employment, and community services, choice, and Olmstead. This year the State of Iowa proposed a redesign of the service system. IDAN members participated in the county and state groups who have been working together to influence how the redesign of county funded mental health services/Waiver and community based services will transfer from county management to state management. The number of individuals potentially impacted is estimated at 336,139 (all Iowans with disabilities).

DHS Provider Workgroup: DRI staff participated in the Workgroup ordered by HF 2526. The goal was to review various regulatory requirements applicable to providers of mental health and disability services. The group identified top five priorities in each of the three areas, streamlining requirements, increasing public access and increasing compliance. The workgroup identified streamlining requirements as the most critical of the three. A report was submitted to the Iowa General Assembly on December 15, 2010, and contained a summary of the issues discussed and suggests opportunities for improved efficiencies in the cost reporting and auditing processes. Workgroup also requested that the work begun be continued by providing DHS with adequate resources and staff necessary to convene this group on a regular basis to accomplish the priorities established. Estimated number of individuals impacted was 1000.

Emergency Preparedness: DRI collaborated with Iowa Department of Public Health, ARC of Story County, and EnableUS to sponsor the "Iowa Partners in Preparedness Conference” that was held June 22-23, 2011. Presenters included partners with FEMA, the Red Cross, local emergency management and local providers. Further collaboration included team participation in "Getting Real II" a conference sponsored by FEMA. Disability Rights Iowa attended the conference as part of Team Iowa which consisted of Iowa Department of Public Health, the Transportation Director of LINK Associates, the Assistant Polk County Emergency Manager, and DRI. Throughout the year there were additional efforts at collaboration with FEMA and Red Cross during monitoring of potential massive flooding in western Iowa. DRI maintained close communication with FEMA and Red Cross and prepared to deploy DRI staff as needed to assure shelters were meeting access and functional needs of individuals with disabilities. Estimated number of individuals impacted was 1000.

Training and Education with the Department of Corrections: DRI has been advocating and collaborating with the Iowa Department of Corrections (DOC) to establish trainings on disabilities in the prison system. DRI sponsored a trainer on the topic of self-injurious violence. DRI also helped orchestrate a 16 hour train the trainer focusing on mental illness which the DOC indicated it wanted to train all its staff using this curriculm. The National Association of State Mental Health Planning Directors (NASMHPD) was contacted for further training opportunities. Several meetings with the DOC, NASHMHPD and DRI took place to discuss training needs and we expect the trainings to occur in FY12. As a result of these collaborations between DRI and the DOC, changes have been made to the staffing and the physical environment of Forensic Hospital at the Iowa Medical and Classification Center (IMCC).

Money Follows the Person: DRI staff sit on the bi-annual task force that follows the grant and its work on transferring individuals with disablities from facilities into the community. In addition, DRI reviews the statistics provided to track the rate at which people are moving from Intermediate Care Facilities to community care with the assistance of money and planning provided under MFP grant. Forty-three (43) individuals with disabilities have transitioned out of ICF/MR facilities and are living in a qualified living arrangement in the community during the calendar year 2011.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts0
2. Number of individuals named in class actions0

Describe your litigation/class action activities. Explain how individuals with disabilities benefited from your litigation activities. Be sure to include case examples that demonstrate the impact of your litigation.

DRI litigation activities are typically in the area of employment law. DRI did not bring any employment class actions. In FY11, DRI represented an individual in an employment case filed with the Iowa Civil Rights Commision and negotitated a settlement without the filing of any lawsuit.

Part V. PAIR'S Priorities and Objectives

A. Priorities and Objectives for the Fiscal Year Covered by this Report

For each of your PAIR program priorities for the fiscal year covered by this report, please:

  1. Identify and describe priority.
  2. Identify the need, issue or barrier addressed by this priority.
  3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
  4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
  5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
  6. Provide at least one case summary that demonstrates the impact of the priority.

Education: 1. Priority 1: Students with disabilities will have the right to enforce and protect their rights to special education and related services under the Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act Section 504 programs.

2. Description of Need, Issue, or Barrier Addressed: Students with disabilities are at risk of not being educated, being restrained or secluded, or subjected to the use of law enforcement for disciplinary purposes.

3. Indicator(s): DRI will assist students with disabilities, including but not limited to serious emotional disturbance (SED), who have been inappropriately or discriminatorily disciplined, suspended or expelled from school. This includes those students where districts have inappropriately used law enforcement for disciplinary purposes with a student. DRI will gather data to determine how school disciplinary policies and practices are impacting Iowa students with disabilities.

4. Describe any collaborative efforts: None

5. Number of cases handled by the priority and indicate if any were class actions: 0 There were no PAIR eligible cases handled under this priority.

6. Provide at least one case summary that demonstrates the impact of the priority: None

Abuse and Neglect: 1. Priority 1: People with disabilities shall be free from abuse and neglect.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities are often vulnerable and dependent upon others for basic necessities such as food, care and safety. Individuals with disabilities may not be able to defend themselves or fear reporting incidents of abuse and neglect because of a fear of retaliation.

3. Indicator(s): DRI will ensure that all abuse/neglect incidents in institutions that are reported to DRI are reported to and investigated by the appropriate authorities. DRI will review ongoing abuse/neglect issues of persons with disabilities in the criminal justice system. DRI will advocate for a complete ban on prone restraint (Tanner’s Law). DRI will advocate for the establishment of a state Mortality Review Committee that will review the death of any individual living in the community who also receives CMS funding.

4. Describe any collaborative efforts: DRI investigated incidents of abuse involving individuals with disabilities under other federal funds. During these investigations, DRI began collaborating with the Iowa Department of Corrections (DOC) on systemic change through training in the DOC. As a result of the collaboration, the DOC has implemented training on mental illness and self-injurious behaviors. DRI and the DOC are in the process of scheduling a trauma informed systems of care training and this will be completed during fiscal year 2012.

DRI intended to explore the establishment of a state Mortality Review Committee and met with the Iowa Department of Human Services, Citizen’s Aide Ombudsman, Iowa Department of Inspections and Appeals, and the Iowa State Medical Examiner for discussions. Unfortunately, this project did not have support from all collaborators and the mortality review committee was not established.

5. Number of cases handled by the priority and indicate if any were class actions: 0

6. Provide at least one case summary that demonstrates the impact of the priority: There were no abuse or neglect investigations of PAIR eligible individuals during FY11.

Monitoring: 1. Priority 1: DRI will monitor public and private facilities in Iowa and recommend positive change for individuals with disabilities within those facilities.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities may be subject to abuse or neglect in facilities including improper use of seclusion, restraint, medication or other aversive intervention. Individuals with disabilities may not understand how to report instances of abuse or neglect. 3. Indicator(s): DRI will monitor and gather restraint/seclusion data including prone restraints at state operated facilities. DRI will monitor private facilities within the state of Iowa. 4. Describe any collaborative efforts: DRI has collaborated with the Iowa Department of Inspections and Appeals (DIA) to foster a relationship with this agency responsible for investigating allegations of abuse or neglect. We review DIA citations of private facilities for possible monitoring activities.

5. Number of cases handled by the priority and indicate if any were class actions: DRI monitored 4 facilities with PAIR eligible individuals.

6. Provide at least one case summary that demonstrates the impact of the priority: DRI monitored a facility licensed as an intermediate care facility serving individuals who are diagnosed with dementia and Alzheimer’s. DRI had unaccompanied access to the facility and interviewed several residents. DRI made recommendations to the Administrator to increase self-advocacy opportunities for residents and to develop a pamphlet or check sheet that contains contact information for the resident of their social worker, case manager, physician and another person involved in their care plan.

Community Integration: 1. Priority 1: Iowans with disabilities will receive the necessary supports and services to live successfully in the least restrictive community based setting possible.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities should be able to live as independently as possible and in the setting they desire. Barriers appear when the living situations are more restrictive than what is necessary to address safety or medical concerns or considerations are not given to the use of reasonable accommodations, aids or services that could enable individuals with brain injuries to reside where they choose.

3. Indicator(s): DRI will provide representation or advocacy to protect the rights of individuals with disabilities, including substantive and due process rights in reduction or termination of service issues. DRI will advocate for persons living with a disability who are institutionalized, or threatened with being institutionalized, to receive services in the least restrictive environment. DRI will advocate for transition to community living per the Conner Consent Decree.

4. Describe any collaborative efforts: The state resource centers report to DRI any resident admissions, transfers or deaths. The Money Follows the Person program grant also reports on the number of transitioning consumers to the community allowing DRI to advocate for transition to community living when appropriate.

5. Number of cases handled by the priority and indicate if any were class actions: 9

6. Provide at least one case summary that demonstrates the impact of the priority: A 46 year old male with paraplegia subsequent to leg amputation contacted DRI for assistance in having his home and community based waiver services reinstated in order to return to his home with appropriate supports. He was temporarily moved to a nursing home for rehabilitation purposes. Because his rehabilitation services in the facility exceeded 30 days, he received notice that his Medicaid waiver was cancelled. DRI assisted the client by reviewing the Notice of Decision and advocating for the reinstatement of the waiver services. Client’s waiver services were reinstated and he returned to his home with supports.

Housing: 1. Priority 1: Housing rights for Iowans with disabilities will be protected.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities may not be able to secure and maintain affordable housing due to their disability. In addition, individuals may be subject to eviction because of their disability.

3. Indicator(s): DRI will advocate for the rights of Iowans living with disabilities to secure or maintain affordable and accessible housing.

4. Describe any collaborative efforts: DRI refers housing discrimination cases to the Iowa Civil Rights Commission for investigation by their housing rights investigators.

5. Number of cases handled by the priority and indicate if any were class actions: 2

6. Provide at least one case summary that demonstrates the impact of the priority: A 54 year old female with anxiety disorder, depression, and physical impairments contacted DRI for assistance in finding housing referrals that will allow her to use a Section 8 certificate. Client did not have a source of income and was encountering issues finding housing. DRI provided the client an exhaustive list of community housing resources including other programs outside of Section 8.

Outreach/Training: 1. Priority 1: To provide outreach training and education regarding disability rights to Iowans with disabilities and those individuals who interact with them.

2. Description of Need, Issue, or Barrier Addressed: Education and training are important to develop self-advocacy skills and also provide systemic change versus individual representation when resources are limited. There is also a need to increase the awareness of disabilities and services available.

3. Indicator(s): DRI will provide information and outreach in Iowa regarding protection and advocacy for individuals with disabilities. DRI will provide activities to military veterans with disabilities and their families regarding appropriate services available from military or civilian providers. DRI will continue to provide outreach and training to the Iowa Law Enforcement Academy (ILEA) as contracted. DRI will participate in appropriate committees or programs to develop emergency planning for Iowans with disabilities. DRI will expand the use of web-based formats to disseminate information on disability-related issues to Iowans with disabilities.

4. Describe any collaborative efforts: DRI collaborated with governmental agencies and private agencies or providers to provide disability rights information and awareness of DRI’s services.

5. Number of cases handled by the priority and indicate if any were class actions: No cases were handled under this priority. See below for program outreach activities.

6. Provide at least one case summary that demonstrates the impact of the priority: The following describe the program’s outreach efforts:

DRI exhibited at the PEC Transition Conference, Diverse Learners Fair, Optimist Club, KidsFest 2011, Building Bridges Day at the Iowa State Fair, Empowerment Conference, and the Latino Heritage Festival. DRI presented at the Iowa Commission of Veterans Affairs to inform them about DRI and its resources for veterans. DRI presented at a provider agency where 40 consumers attended and discussed rights to seek community employment.

DRI collaborated with the Iowa Department of Public Health, ARC of Story County, and EnableUS to sponsor the "Iowa Partners in Preparedness Conference” that was held June 22-23, 2011. Presenters included FEMA, the Red Cross, local emergency management and local providers. Further collaboration included team participation in "Getting Real II" a conference sponsored by FEMA. Disability Rights Iowa attended the conference as part of Team Iowa which consisted of the Iowa Department of Public Health, the Transportation Director of LINK Associates, the Assistant Polk County Emergency Manager, and DRI. Throughout the year there were additional efforts at collaboration with FEMA and the Red Cross during monitoring of potential massive flooding in western Iowa. DRI maintained close communication with FEMA and Red Cross and prepared to deploy DRI staff as needed to assure shelters were meeting access and functional needs of individuals with disabilities. Disability Rights Iowa (DRI) provided four trainings at the Iowa Law Enforcement Academy entitled “Promoting Awareness and Understanding of People with Disabilities.” The audience consists of police officers, park rangers, fire department personnel, and other law enforcement trainees. The focus of the presentation was to increase awareness of specific disabilities to recognize stereotypes and faulty perceptions about people with disabilities, to understand what individuals with disabilities encounter with the law enforcement community, to improve communications and interactions between individuals with disabilities and the law enforcement community, and to learn about Disability Rights Iowa and other useful resources.

Employment/Accessibility: 1. Priority 1: DRI will promote and utilize state and federal laws on behalf of Iowans with disabilities who are discriminated against in employment, public accommodations and public services.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities may be excluded from the workplace due to fear and inflexibility with accommodation requests, and are likely to be terminated from employment because of the disability. Individuals with disabilities may be denied access to public accommodations due to discriminatory policies, procedures or practices. There may also be discrimination in governmental benefits if the benefits or services are not equally accessible.

3. Indicator(s): DRI will consider representation and advocacy for individuals terminated from employment due to their disability. DRI will advocate for persons to be free from discrimination due to their disability in seeking, maintain, or regaining employment. DRI will advocate for individuals with disabilities to receive full access to public services and public accommodations.

4. Describe any collaborative efforts: DRI consults with and refers cases with the members of the private bar when appropriate.

5. Number of cases handled by the priority and indicate if any were class actions: 7

6. Provide at least one case summary that demonstrates the impact of the priority:

55 year old client with lung cancer (in remission now) contacted DRI for assistance with a disability related termination of employment. She requested an accommodation from her employer as a result of fatigue from her treatments but was denied. She later constructively left the job and employer considered it a voluntary quit. DRI assisted the client in filing a complaint with the Iowa Civil Rights Commission. The former employer requested a mediation and DRI began negotiations to settle the case. DRI successfully negotiated a settlement to the client’s satisfaction outside of mediation. DRI also assisted by sending a letter to Social Security Administration on behalf of the client to inform them of the settlement and advise that it is not to affect her benefits as its unearned income.

50 year old female with multiple sclerosis contacted DRI for information on how to request an accommodation. She was a para-educator assigned to a psychiatric medical institute for children (PMIC). She sought an accommodation to be reassigned to a vacant position due to her health changes and not having the physical stamina to work with children with violent behaviors. DRI provided client with information on how to request an accommodation, potential accommodations for persons with multiple sclerosis, and information on reassignment to a vacant position as an accommodation.

Guardianship: 1. Priority 1: DRI will advocate for individuals who challenge inappropriate substitute decision makers.

2. Description of Need, Issue, or Barrier Addressed: Individuals with disabilities may be subjected to unnecessary guardianships (and conservatorships) and have the right to have an appropriate guardianship that is as narrowly tailored as possible.

3. Indicator(s): DRI will consider representation and advocacy to terminate or limit inappropriate guardianships/conservatorships. DRI will provide advocacy for individuals to pursue alternatives to guardianships/conservatorships including but not limited to powers of attorney, representative payees, and similar arrangements. DRI will provide advocacy to assist individuals with concerns about their rights regarding their substitute decision maker.

4. Describe any collaborative efforts: None.

5. Number of cases handled by the priority and indicate if any were class actions: 0

6. Provide at least one case summary that demonstrates the impact of the priority: There were no PAIR eligible cases handled under this priority.

B. Priorities and Objectives for the Current Fiscal Year

Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:

  1. a statement of each prioirty;
  2. the need addressed by each priority; and;
  3. a description of the activities to be carried out under each priority.

Education: 1. Priority: Students with disabilities will have the right to enforce and protect their rights to special education and related services under the Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act Section 504 programs. 2. Description of Need Addressed by the Priority: Students with disabilities are at risk of not being educated, being restrained or secluded, or subjected to the use of law enforcement for disciplinary purposes. 3. Description of Activities under the priority: DRI will pursue administrative or legal remedies for students with disabilities who have been inappropriately or discriminatorily disciplined, suspended or expelled from school as a result of behaviors related to mental illness, developmental disabilities, or other disabilities. DRI will continue to advocate for systemic change in Iowa schools’ special education programs.

Abuse and Neglect: 1. Priority: Individuals with disabilities shall be free from abuse and neglect. 2. Description of Need Addressed by the Priority: Individuals with disabilities are often vulnerable and dependent upon others for basic necessities such as food, care and safety. Individuals with disabilities may not be able to defend themselves or fear reporting incidents of abuse and neglect because of a fear of retaliation. 3. Description of Activities under the priority: DRI will ensure that reports of abuse/neglect incidents in institutions and/or facilities are investigated. DRI will maintain a monitoring presence in public and private facilities in Iowa in which there are individuals with disabilities and/or mental illness.

Community Integration: 1. Priority: Iowans with disabilities have the right to live in integrated and least restrictive settings appropriate to their choice and needs. 2. Description of Need Addressed by the Priority: Individuals with disabilities should be able to live as independently as possible and in the setting they desire. Barriers appear when the living situations are more restrictive than what is necessary to address safety or medical concerns, or considerations are not given to the use of reasonable accommodations, aids or services that could enable individuals to reside where they choose. 3. Description of Activities under the priority: DRI will continue to advocate and participate in legal interventions that promote the state’s provision of appropriate community based services for individuals that decrease institutionalization and increase availability of accessible and affordable community based services. DRI will advocate or provide legal representation for Iowans who are at risk of institutionalization due to reduction or termination of services.

Outreach/Training: 1. Priority: To conduct training and outreach activities that promotes awareness and education about individual rights and remedies for Iowans with disabilities. 2. Description of Need Addressed by the Priority: Education and training are important to develop self-advocacy skills and also provide systemic change versus individual representation when resources are limited. There is also a need to increase the awareness of disabilities and services available. 3. Description of Activities under the priority: Provide disability rights trainings and participate in statewide outreach activities for individuals with disabilities and their families, as well as professionals and service providers, on disability awareness and rights issues. DRI will publish and disseminate information on disability related issues and rights of Iowans with disabilities.

Employment: 1. Priority: To promote and utilize state and federal laws on behalf of Iowans with disabilities who are discriminated against in employment. 2. Description of Need Addressed by the Priority: Individuals with disabilities may be excluded from the workplace due to fear and inflexibility with accommodation requests, and are likely to be terminated from employment because of the disability. There may also be discrimination in governmental benefits if the benefits or services are not equally accessible. 3. Description of Activities under the priority: DRI will advocate and/or provide legal representation for individuals who encounter barriers in gaining, maintaining, or termination of employment or failure to provide reasonable accommodations due to their disability.

Accessibility: 1. Priority: DRI will advocate to remove barriers that prevent access to state/local government services and places of public accommodation. 2. Description of Need Addressed by the Priority: Individuals with disabilities may be denied access to public accommodations due to discriminatory policies, procedures or practices. 3. Description of Activities under the priority: DRI will advocate and/or provide legal representation for individuals denied public access or services under Titles II and III of the ADA or the Iowa Civil Rights Act. Iowans with disabilities will be integrated into the State’s emergency planning, ensuring that their accessibility and functional needs are addressed and they have equal access to emergency programs and services.

Guardianship: 1. Priority: To advocate for and represent individuals with disabilities to prevent unnecessary or abusive guardianships/conservatorships and promote the individual’s right to less restrictive alternatives to guardianships/conservatorships. 2. Description of Need Addressed by the Priority: Individuals with disabilities may be subjected to unnecessary guardianships (and conservatorships) and have the right to have an appropriate guardianship that is as narrowly tailored as possible. 3. Description of Activities under the priority: DRI will advocate and/or provide legal representation to prevent, modify, and/or terminate inappropriate guardianships/conservatorships. DRI will provide advocacy and protect the rights of individuals with disabilities to pursue alternatives to guardianships/conservatorships and address concerns regarding decisions made by a substitute decision maker.

Part VI. Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

PAIR PPR Part VI. Narrative

A. Sources of funds received and expended:

Source of Fund: Amount Received: Amount Spent:

Federal (section 509) $175,632.00 $191,130.00 State $0 $0 Program Income $0 $0 Private $0 $0 All other funds $0 $0 Total from all sources $175,632.00 $191,130.00

B. Budget for the fiscal year covered by this report

Category Prior Fiscal Year Current Fiscal Year Wages/salaries $104,000 $77,612 Fringe Benefits $22,400 $17,851 Materials/Supplies $1,900 $703 Postage $700 $344 Telephone $1,400 $1,380 Rent $16,400 $14,837 Travel $2,800 $2,294 Copying $1,750 $1,038 Bonding/Insurance $2,000 $2,411 Equipment (rental/purchase) $2,700 $1,869 Legal Services $1,500 $0 Indirect Costs $0 $0 Miscellaneous $18,082 $8,771 Professional Services $0 $26,021 Total Budget $175,632 $155,131

C. Description of PAIR staff (duties and person-years)

Type of Position FTE % of year filled Person-years Professional Full-time 1.11 100% 1.11 Part-time 0.02 100% 0.02 Vacant Clerical Full-time 0.27 100% 0.27 Part-time Vacant

D. Involvement with advisory boards (if any)

DRI sits on the following boards or workgroups:

Iowa Developmental Disabilities Council Iowa Special Education Advisory Panel Iowa Disability Action Network DHS Provider Workgroup Money Follows the Person workgroup Iowa Court Mental Health workgroup Olmstead Task Force Corrections Task Force Iowa Advisory Committee to the U.S. Commission on Civil Rights Mental Health Conference Planning Committee Re-entry Task Force

E. Grievances filed under the grievance procedure

None for FY11

F. Coordination with the Client Assistance Program (CAP) and the State long-term care program (LTCOP), if these programs are not part of the P&A agency

In Iowa, the CAP and LTCOP are not part of DRI. DRI coordinates with the CAP by making certain that we cross-refer cases. Cases related to vocational rehabilitation program issues are referred to CAP. In addition, the CAP coordinator regularly invites DRI to trainings regarding the ADA and other CAP or PAIR related topics.

Collaboration with the LTCOP has typically been in cross-referring cases to our agencies. LTCOP has referred cases to our agency when the client requires legal advocacy. DRI has collaborated with the LTCOP regional staff in several cases this fiscal year involving involuntary discharge. There was some strain in the collaboration this year due to DRI’s former management advocating for a change in LTCOP leadership alleging conflict of interests with the nursing industry. There is new leadership in FY12 for the LTCOP and DRI is also moving forward with new management, administration and Board of Directors. Therefore, we expect collaboration efforts to resume in FY2012.

Certification

Signed?Yes
Signed ByCynthia A. Miller
TitleSenior Staff Attorney
Signed Date12/22/2011