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

Indiana (INDIANA P and A SERVICES) - H240A110015 - FY2011

General Information

Designated Agency Identification

NameIndiana Protection and Advocacy Services
Address4701 N. Keystone Ave.
Address Line 2Suite 222
CityIndianapolis
StateIndiana
Zip Code46205
E-mail Addresstcrishon@ipas.in.gov
Website Addresshttp://www.in.gov/ipas
Phone317-722-5555
TTY 317-722-5563
Toll-free Phone800-622-4845
Toll-free TTY800-838-1131
Fax317-722-5564
Name of P&A Executive DirectorThomas Gallagher
Name of PAIR Director/CoordinatorThomas E. Crishon
Person to contact regarding reportThomas E. Crishon
Contact Person phone800-622-4845
Ext.230

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 areas499
2. Individuals receiving I&R outside PAIR priority areas89
3. Total individuals receiving I&R (lines A1 + A2)588

B. Training Activities

1. Number of trainings presented by PAIR staff72
2. Number of individuals who attended training (approximate)2,002

During the past year, PAIR staff provided training at over 70 public speaking events addressing disability rights, PAIR services, and other disability rights issues to over 2,000 participants including the following:

Four presentations about special education services to over 100 individuals; Forty-three presentations focusing on voting rights attended by over 1,100 participants; and Nineteen presentations about employment, including information about work incentives, to over 375 participants.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles0
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website65,701
5. Publications/booklets/brochures disseminated1,315
6. Other (specify separately)14

Narrative

The 14 others include fairs and conferences where IPAS staff disseminated information to the public through booths or exhibits, including how many individuals attended the fair or conference:

10/22/2010 Transition fair exhibit-Columbus (185 individuals attended) 10/30/2010 Westside Secondary Transition Council Transition Fair (125 individuals attended) 11/9/2010 2010 Arc of Indiana Conference (300 individuals attended) 11/15/2010 Greater Lafayette Special Services (GLASS) Transition Fair Exhibit (100 individuals attended) 12/6/2010 2010 GPC Conference Exhibit (469 individuals attended) 3/3/2011 Evansville ARC, Evansville-Vanderburgh School Corporation Transition Fair Exhibit (50 individuals attended) 3/21/2011 IN Special Ed Law IUPUI (70 individuals attended) 3/24/2011 Greensburg (Decatur Co.) Transition Fair exhibit (10 individuals attended) 3/26/2011 March 2011 Down Syndrome Family Connection Abilities Fair (400 individuals attended) 3/29/2011 Breaking the Cycle Conference (300 individuals attended) 4/13/2011 2011 PATINS Conference Exhibit (450 individuals attended) 5/7/2011 2011 disABILITY Expo (1,107 individuals attended) 8/11/2011 2011 SAI Conference exhibit (120 individuals attended) 8/18/2011 2011 Perry Township Transition Carnival (20,000 individuals attended)

Additionally, the following is a list of IPAS publications created in connection with PAIR, including the total number of each disseminated during FY2011:

Article 7 (1 publication disseminated) CAP Brochure (111 publications disseminated) Complaint brochure (1 publication disseminated) Disability Rights and Appeals Process Guide (27 publications disseminated) IMPACT newsletter - Priorities Publication (175 publications disseminated) IPAS Agency Booklet (17 publications disseminated) IPAS Agency Brochure (339 publications disseminated) PABSS Brochure (137 publications disseminated) PATBI Brochure (184 publications disseminated) PAVA Brochure (88 publications disseminated) Toll-free resource page (226 publications disseminated) Voting Guide (9 publications disseminated)

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)16
2. Additional individuals served during the year23
3. Total individuals served (lines A1 + A2)39
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)5

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 22

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility16
2. Employment0
3. Program access6
4. Housing3
5. Government benefits/services1
6. Transportation2
7. Education1
8. Assistive technology3
9. Voting0
10. Health care1
11. Insurance0
12. Non-government services0
13. Privacy rights0
14. Access to records0
15. Abuse10
16. Neglect1
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor17
2. Other representation found0
3. Individual withdrew complaint0
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-advocacy3
2. Short-term assistance11
3. Investigation/monitoring6
4. Negotiation0
5. Mediation/alternative dispute resolution1
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 - 41
2. 5 - 221
3. 23 - 5927
4. 60 - 645
5. 65 and over5

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females12
2. Males27

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race1
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American5
5. Native Hawaiian or Other Pacific Islander0
6. White33
7. Two or more races0
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent15
2. Parental or other family home4
3. Community residential home0
4. Foster care0
5. Nursing home0
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center19
9. Homeless1
10. Other living arrangements0
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 impairment2
2. Deaf/hard of hearing5
3. Deaf-blind0
4. Orthopedic impairment24
5. Mental illness0
6. Substance abuse0
7. Mental retardation0
8. Learning disability1
9. Neurological impairment3
10. Respiratory impairment1
11. Heart/other circulatory impairment1
12. Muscular/skeletal impairment0
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability2

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities0

2. Number of individuals potentially impacted by policy changes0

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.

There were no policies/practices changed this year as a result of non-litigation systemic activities.

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.

There were no instances this year where litigation on an individual or class action basis was required to resolve client concerns. Negotiation/mediation and use of established complaint processes were adequate to resolve the service requests handled this year.

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.

Priority 1: Reduce or eliminate abuse and neglect of individuals with disabilities.

Needs addressed: Continuing vulnerability of individuals with disabilities to be subject to abuse or neglect.

Indicators of success: Outcomes of individual cases handled which result in improved safety and well-being of clients served.

Collaboration: None required although cooperation of service providers, family, and guardians was often a contributing factor to success.

Objectives:

101 Review twenty (20) allegations of abuse and neglect on behalf of individuals with disabilities to ensure that the allegation is reported to the responsible entities and advocate that necessary actions are taken to protect the health, safety and welfare of individual.

For the year, five service requests were closed. Eight service requests are being carried over into FY2012. For the year, with the five service requests closed and eight carried over, the goal of reviewing twenty allegations was only partially met.

Representative case: IPAS was contacted by an inmate of an Indiana Department of Correction facility. This individual stated that he was not receiving his prescribed medication. IPAS investigated and determined that this individual’s records did indeed show that he was not provided his prescribed medication on several occasions. IPAS addressed this problem with the facility. Facility staff acknowledged that the individual’s medication would occasionally run out and it would oftentimes take several weeks for the order to be delivered. IPAS advocated that the facility revise its policy regarding the ordering of medications. The facility obliged and revised its procedures to check inmates’ medical charts several times per month to assure that any needed medications would be ordered and received in a timely manner. This procedural revision will prevent any further situations where facility staff realize a medication needs to be reordered only once it has run out.

Priority 2: Reduce or eliminate discrimination or the denial of rights due to disability.

Need addressed: Continuing discrimination and denial of rights of individuals with disabilities.

Indicators of success: Interventions employed in individual cases results in cessation of discrimination and restoration of rights to individuals served.

Collaboration: None required although, again, often the cooperation of service providers, family, and guardians was helpful in achieving positive outcomes.

Objectives:

201 Review twenty five (25) allegations of discrimination under Title II or III of the Americans with Disabilities Act, Fair Housing Act, or other disability discrimination law.

For the year, sixteen service requests were closed. Fourteen service requests are being carried over into FY2012. For the year, with the sixteen service requests closed and fourteen carried over, the goal of reviewing twenty-five allegations was met.

Representative cases: “Rebecca,” age 65, lives in an apartment in Indianapolis. Rebecca utilizes a power wheelchair as a result of her disability. The apartment complex where Rebecca lives recently repaved the parking lot. In doing so, the apartment complex left a three inch ledge near the entrance of Rebecca’s building. Due to this ledge, Rebecca was fearful that her wheelchair would tip over, so she chose not to leave her apartment. She requested the installation of a ramp, but the landlord refused. IPAS worked with the landlord to remove this barrier. As a result of IPAS advocacy, the landlord was educated on his legal obligations and installed a curb cut. The accessible route and path of travel at this apartment complex now comply with requirements set forth in Title III of the Americans with Disabilities Act and the federal Fair Housing Act. Rebecca and seven other individuals with disabilities residing at this apartment complex can now come and go from their home with ease.

“Ethel,” age 92, frequently patronizes a McDonald’s restaurant in Muncie, Indiana. On more than one occasion, Ethel was unable to park in the accessible parking spaces because a delivery truck was blocking every space. Not only was this an inconvenience for Ethel but it was also a violation of Title III of the Americans with Disabilities Act (ADA). IPAS contacted McDonald’s management to educate them on the problem the delivery trucks were creating and advocate for a change. As a result of IPAS advocacy, this location prohibited delivery trucks from blocking the accessible spaces during deliveries. Additionally, deliveries were rescheduled to occur after business hours. These changes ensure that the ADA is no longer in violation during deliveries and that the requisite number of accessible parking spaces will be available to Ethel during future visits.

“Lucy,” age 81, lives in New York and utilizes a wheelchair. During a recent trip through Indiana, Lucy stayed at the Days Hotel in Indianapolis, as it advertised having accessible rooms. Once at the hotel, Lucy learned that no accessible rooms were available. Accordingly, Lucy stayed in a room where she was unable to access the bathroom facilities because the bathroom door was not wide enough for her wheelchair. IPAS surveyed the hotel and determined that the Days Hotel did not have the requisite number of accessible rooms, a violation of Title III of the Americans with Disabilities Act (ADA). IPAS attempted to work with Days Hotel management to remedy the ADA compliance issues. Unfortunately, management was unresponsive to IPAS inquiries. As a result, IPAS provided Lucy with the required information to file a complaint with the United States Department of Justice regarding the ADA violations at the Days Hotel.

203 Provide advocacy services for three (3) individuals with disabilities that have allegedly been subjected to disability based discrimination if it is deemed that the case or situation may have systemic implications.

For the year, no service requests were successfully resolved under this objective. However, IPAS continued in its effort to correct systemic accessibility problems existing at Gas America fuel and convenience stores, a company headquartered in Indiana. This continues to be handled as a project, not a service request. IPAS legal counsel continued to monitor Gas America progress and correspond with Gas America’s legal counsel. Gas America reported that nineteen (19) store locations have been substantially renovated, two (2) store locations had basic renovations completed, and two (2) stores have been newly constructed. IPAS also surveyed all sixty-eight (68) Gas America Indiana locations for ADA compliance issues directly relating to fuel dispensers. The results of those surveys were organized and analyzed. IPAS will continue to work to assure ADA compliance of these locations. These improvements will benefit a large number of Hoosiers with disabilities. This project will be continued in FY2012.

204 Ensure that each WorkOne Center has an assigned ADA Coordinator, an updated survey and plan that addresses any compliance issues noted in the survey.

For the year, IPAS continued work on a project to bring the state’s Department of Workforce Development’s (DWD) WorkOne Centers into compliance with the Americans with Disability Act (ADA). This year, IPAS addressed barriers identified through an IPAS survey and monitored ongoing accessibility modifications to the initial twenty WorkOne Centers. Development of a spreadsheet by the Work Force Development Equal Opportunity Officer and Project Leader outlined the modifications underway at the first twenty WorkOne sites. Since the initial twenty surveys and recommendations, five Centers have relocated to accessible sites, seven Centers have completed all modifications that were recommended, and eight Centers continue working with landlords and contractors to complete the necessary modifications. Equal Opportunity Officers have been appointed at each facility and have provided the DWD Project Leader with quarterly updates on access. An additional ten WorkOne Centers were surveyed without IPAS involvement. These Centers are now in compliance according to the DWD. IPAS continues to work with DWD on these needed modifications and will continue to negotiate a "plan of correction" time frame to accomplish all needed modifications. The resulting improvements in the accessibility of these governmental buildings and services will make it easier for Hoosiers with disabilities to apply for employment training, complete job searches, apply for unemployment benefits, and obtain other services offered by DWD. This project will be continued in FY2012.

Priority 3: Increase awareness and effective self-advocacy by providing education and training about disability rights and the exercise of these rights.

Need Addressed: Improve knowledge about disability rights and self advocacy skills of individuals with disabilities and their families and guardians.

Indicators of success: Most training and public speaking events include an evaluation by participants. One indicator of success is the results of these evaluations, which attempt to assess the degree to which participants found the information to be helpful. Such results are overwhelmingly positive.

Collaboration: To achieve positive outcomes IPAS worked in partnership with participating individuals, families and guardians, as well as with those organizations and agencies on whose committees or groups IPAS staff members participated.

Objectives:

301 Provide education and training about disability rights and IPAS to individuals with disabilities, parents, guardians, advocates, and/or service program providers.

For the year, IPAS conducted 72 education and training speaking engagements training 2,002 individuals. Also, IPAS disseminated IPAS publications about disability rights and IPAS services at 14 exhibition booths at major events, providing 23,686 individuals an opportunity to obtain disability rights information and information about available IPAS services. Please refer to the previous listing of training and public information events.

302 Participate on selected committees, groups or task forces that have systemic implications concerning policies and practices affecting the rights of individuals with disabilities.

IPAS continues to participate on the Indiana ADA Steering Committee. This group attempts to promote ADA awareness and compliance throughout the state. IPAS participated in 11 of 11 meetings conducted during the year. The Committee continues to promote the ADA Audio Conference series sponsored by ADA Indiana and the Disability and Business Technical Assistance Center (DBTAC) and the Legal Issues Webinar Series. The committee is also promoting ADA community grants available to entities wishing to promote accessibility in their communities.

IPAS also accepted an invitation to participate in the Disaster Housing and Emergency Services Advisory Committee. IPAS participated in 2 quarterly meetings during the year. IPAS will provide input regarding access to service issues facing individuals with disabilities for the area of housing. The committee is working to assist the state project team (designated community members and staff of state divisions whose assignment is homeland security) in creation of a plan for Indiana’s initial and long-term temporary housing and emergency services following emergencies and disaster situations. The advisory committee plans to have mission and vision statements and will advise the project team as to what is needed to access to services.

Additionally, IPAS accepted an invitation to participate on the steering committee for the Back Home in Indiana Alliance. This organization comprises representatives from federal, state and local housing, advocacy and disability-related organizations and is working to increase the availability of individual, affordable and accessible housing for people with disabilities. IPAS will attend its first meeting in the first quarter of FY2012.

Priority 4: Provide timely and accurate information about disability rights and technical assistance concerning the exercise of these rights.

Need Addressed: Individuals with disabilities require information about their rights, technical assistance in self advocacy efforts and referral to other organizations based on their presenting needs.

Indicators of success: IPAS conducts a follow-up telephone satisfaction survey of a sample of individuals who have recently received information and referral services. A goal has been established to achieve at least 85% affirmative responses to the question “would they call IPAS again if they have another disability rights concern?” This year, of those individuals calling about PAIR services, IPAS exceeded that goal by 15% achieving a positive response from 100% of the respondents.

Collaboration: None

Objectives:

401 Respond to requests for information and referral and technical assistance to individuals with disabilities, their families, and professionals about disability rights and provide information and technical assistance concerning the exercise of these rights.

For the year, IPAS fielded 608 service requests for information and referral services. Of these, follow-up calls were made to 41 individuals who participated in the satisfaction survey. This constitutes a 7.8% survey sample. Of these 41 participants, 92.7% indicated that they found the information which they gained to be helpful and 100% said that they would call IPAS again if they should have a disability rights concern or problem.

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.

Priority 1: Reduce or eliminate abuse and neglect of individuals with disabilities.

Need addressed: Continuing vulnerability of individuals with disabilities to be subject to abuse or neglect.

Activities: Activities are described by objectives below.

Objectives:

101 Review twenty (20) allegations of abuse and neglect on behalf of individuals with disabilities to ensure that the allegation is reported to the responsible entities and advocate that necessary actions are taken to protect the health, safety and welfare of the individual.

Priority 2: Reduce or eliminate discrimination or the denial of rights due to disability.

Need addressed: Continuing discrimination and denial of rights of individuals with disabilities.

Activities: Activities are described by objectives below.

Objectives:

201 Review thirty (30) allegations of discrimination under Title II or III of the Americans with Disabilities Act, Fair Housing Act, or other disability discrimination law.

203 Review three (3) allegations of disability based discrimination that may have systemic implications.

204 Monitor the WorkOne Centers to ensure timely implementation of corrective action plans to address ADA compliance issues noted in the previous surveys.

Priority 3: Reduce or eliminate discrimination or the denial of rights due to disability.

Need addressed: Improve knowledge about disability rights and self advocacy skills of individuals with disabilities and their families and guardians.

Activities: Activities are described by objectives below.

Objectives:

301 Provide education and training about disability rights and IPAS to individuals with disabilities, parents, guardians, advocates, and/or service program providers.

302 Participate on selected committees, groups or task forces that have systemic implications concerning policies and practices affecting the rights of individuals with disabilities.

Priority 4: Provide timely and accurate information about disability rights and technical assistance concerning the exercise of these rights.

Need addressed: Individuals with disabilities require information about their rights, technical assistance in self advocacy efforts and referral to other organizations based on their presenting needs.

Activities: Activities are described by objectives below.

Objectives:

401 Respond to requests for information and referral and technical assistance to individuals with disabilities, their families, and professionals about disability rights and provide information and technical assistance concerning the exercise of these rights.

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

A. Sources of funds received and expended:

The PAIR grant is the sole source of funds received and expended for the PAIR program activities.

B. Budget for the fiscal year covered by this report:

This following includes the actual amount expended in each category for FY2011, and the proposed budget for each category for FY2012.

SALARIES & FRINGE BENEFITS Expended: $178,321 Proposed: $229,496

UTILITIES Expended: $2,036 Proposed: $2,620

CONTRACTS/AGREEMENTS Expended: $5,898 Proposed: $7,591

MATERIALS/SUPPLIES Expended: $12,480 Proposed: $16,062

EQUIPMENT Expended: $628 Proposed: $808

OTHER (Work. Comp., ID bills, etc.) Expended: $8,431 Proposed: $10,850

ADMINISTRATIVE/OPERATING EXPENSES Expended: $13,946 Proposed: $17,948

TOTAL Expenses for 2011: $221,739 TOTAL Proposed for 2012: $285,375

CARRYOVER 2011 Grant: $255,055

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

IPAS has twenty-nine staff members. IPAS administers eight federally-funded advocacy programs: the PAIR program; Protection and Advocacy for Individuals with Developmental Disabilities (PADD); Protection and Advocacy for Individuals with Mental Illness (PAIMI); the Client Assistance Program (CAP); Protection and Advocacy for Assistive Technology (PAAT); Protection and Advocacy for Beneficiaries of Social Security (PABSS); Protection and Advocacy for Traumatic Brain Injury (PATBI); and Protection and Advocacy for Voting Accessibility (PAVA). All staff work under the various programs, including the PAIR program. Staff are required to closely track their work activities under each program. Bi-weekly, each staff member accounts for the amount of time spent in each program. This accounting is used to determine the portion of each staff member’s salary and benefits paid by each of the federal programs for that bi-weekly pay period. This cost allocation approach assures that each funding source supports only those activities and expenses which are authorized under that source’s legislation and regulations.

The entire IPAS staff:

1 Executive Director 1 Director of Legal and Client Services 1 Support Services Director 3 Staff Attorneys 3 Assistant Client Services Directors 11 Advocacy Specialists 2 Intake Specialists 1 Information and Technology Specialist 1 Education and Training Coordinator 2 Accountants 1 Executive Secretary 1 Data Entry Clerk 1 Receptionist/Secretary

Several positions were vacant at different times during this year, so less time overall and less salary and fringe benefits costs were charged to PAIR and the other grant programs administered by IPAS as a result. All positions are anticipated to be fully staffed during FY 2012.

D. Involvement with advisory boards (if any):

IPAS is represented by staff serving on the ADA State Steering Committee, the Disaster Housing and Emergency Services Advisory Committee, and the Back Home in Indiana Alliance Steering Committee. The IPAS Executive Director is a member of the Governor’s Council for People with Disabilities.

E. Grievances filed under the grievance procedure:

There were three grievances filed and responded to in FY2011, pursuant to the IPAS grievance procedure.

F. 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:

CAP is also administered by IPAS. The State long-term care program is administered by the Indiana Family and Social Services Administration, Division of Aging. IPAS has an on-going arrangement with the administering agency based on a prior written agreement, which defined coordination and referrals between all IPAS programs and the State long-term care ombudsman program.

Certification

Signed?Yes
Signed ByThomas Gallagher
TitleExecutive Director
Signed Date12/09/2011