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

Kansas (DISABILITY RIGHTS CENTER OF KANSAS) - H240A130017 - FY2013

General Information

Designated Agency Identification

NameDisability Rights Center of Kansas
Address635 SW Harrison Suite 100
Address Line 2
CityTopeka
StateKansas
Zip Code66603
E-mail Addressrocky@drckansas.org
Website Address
Phone785-273-9661
TTY 877-335-3725
Toll-free Phone877-776-1541
Toll-free TTY877-335-3725
Fax785-273-9414
Name of P&A Executive DirectorRocky Nichols
Name of PAIR Director/Coordinator
Person to contact regarding reportRocky Nichols
Contact Person phone785-273-9661
Ext.106

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 areas13
2. Individuals receiving I&R outside PAIR priority areas28
3. Total individuals receiving I&R (lines A1 + A2)41

B. Training Activities

1. Number of trainings presented by PAIR staff125
2. Number of individuals who attended training (approximate)4,968

AT K Expo, DRC Service & Voting Rights, 60Bazelon Center Training, Olmstead, 50Corrections JJA, Deversion , 30Corrections JJA, Involuntary Civil commitment, 30County Election Officers/SOS, Voting Rights, 12Deaf/HH Council, DRC Service & Voting Rights, 30Disability Sub Cabinet, Disability Issues, 20Disability Sub Cabinet, Disability Issues, 20Douglass County, End The Wait, 25Douglass County, End The Wait, 12DRC, End The Wait, 4115 Educate policy Makers, 670Employment First, Employment, 250Employment First , Employment/Voting, 2508 Employment First Commission, Employment First, 135Eskridge NFMH, Voting & Good Citizenship, 10Event, Name of Presentation, PeopleFT Statewide Conference, Employment First, 350Haviland NFMH, Voting Rights, 35Hutch NAACP Housing Symposium, Housing Discrimination, 10JoCo, End The Wait, 65JOCO Transition Council, Managed Care, 35Kan Care Open Hearing, KanCare, 120KCA Townhall, Managed Care, 160KCART, Access to services for KS with Autism, 25KU, End The Wait, 25KU, End the Wait, 30LT Gov Meeting, Disability Issues, 20Mental Health Advocacy Day, Disability Issues & Voting Reg, 250NAIMI Council, Voting Rights, 15NAMI Conference, Involuntary Civil Committeemen, 20OCCK Salina, Employment Rights, 1059 Partner Outreach and Collaboration, 958Peabody, Voting & Good Citizenship, 12PILR, Fair Housing, 27Poverty Conference, DRC Service & Voting Rights, 40Press Conference, Managed Care, 30Press Conference, Seclusion & Restraint, 40Push Day, End The Wait, 325SACK Conference, End The Wait, 50SACK Conference, employment First, 50SACK Conference, Voting Rights, 250SBOE, Seclusion & Restraint, 50SBOE, Seclusion & Restraint, 50SDSI, End The Wait, 12SEAC, Seclusion & Restraint, 25Sedgwick Co, End The Wait, 15TBI Conference, Employment Rights, 30Valley Falls NFMH, Voting & Good Citizenship, 8Webinar, Employment First, 100Webinar, IJP, 50Wichita Deaf Association, Employment issues for Deaf, 20WSU Center for Community Support and Research, ADA & Mental Health , 20Wyandotte , End The Wait, 12Youth Empowerment Academy, Voting Rights, 12

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff1
2. Newspaper/magazine/journal articles12
3. PSAs/videos aired5
4. Hits on the PAIR/P&A website38,427
5. Publications/booklets/brochures disseminated16,875
6. Other (specify separately)749,500

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)76
2. Additional individuals served during the year245
3. Total individuals served (lines A1 + A2)321
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)16

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 40

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility22
2. Employment59
3. Program access10
4. Housing73
5. Government benefits/services47
6. Transportation0
7. Education11
8. Assistive technology8
9. Voting0
10. Health care49
11. Insurance1
12. Non-government services12
13. Privacy rights3
14. Access to records0
15. Abuse4
16. Neglect4
17. Other34

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor144
2. Other representation found8
3. Individual withdrew complaint41
4. Appeals unsuccessful2
5. PAIR Services not needed due to individual's death, relocation etc.1
6. PAIR withdrew from case18
7. PAIR unable to take case because of lack of resources18
8. Individual case lacks legal merit47
9. Other17

Please explain

17- Not directly or substantially a disability rights issue but the matter rose to the level of providing technical assistance

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-advocacy223
2. Short-term assistance59
3. Investigation/monitoring0
4. Negotiation1
5. Mediation/alternative dispute resolution3
6. Administrative hearings1
7. Litigation (including class actions)4
8. Systemic/policy activities1

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 - 2217
3. 23 - 59214
4. 60 - 6443
5. 65 and over47

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females166
2. Males155

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race13
2. American Indian or Alaskan Native4
3. Asian1
4. Black or African American41
5. Native Hawaiian or Other Pacific Islander0
6. White246
7. Two or more races3
8. Race/ethnicity unknown13

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent280
2. Parental or other family home19
3. Community residential home3
4. Foster care0
5. Nursing home14
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center0
9. Homeless5
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 impairment0
2. Deaf/hard of hearing0
3. Deaf-blind8
4. Orthopedic impairment60
5. Mental illness10
6. Substance abuse1
7. Mental retardation2
8. Learning disability11
9. Neurological impairment34
10. Respiratory impairment8
11. Heart/other circulatory impairment23
12. Muscular/skeletal impairment69
13. Speech impairment1
14. AIDS/HIV3
15. Traumatic brain injury3
16. Other disability88

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities3

2. Number of individuals potentially impacted by policy changes429,687

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.

At the onset of the planning phase of KanCare, the Disability Rights Center of Kansas (DRC) began meeting with the Governor’s administration, the MCOs, consumers, and various stakeholders to provide input on the design of the program. DRC, along with numerous other stakeholders, cautioned the state to proceed slowly with managed care, particularly for populations that require highly specialized services and supports. There was a groundswell of support for intense oversight of the managed care arrangement called KanCare. In the 2013 Legislative Session a bill was passed to create the KanCare Oversight Committee.

As the Protection and Advocacy system for Kansas, policymakers contacted DRC with questions about how an oversight committee should be set up. DRC responded by educating both policymakers and the public about the importance of the KanCare oversight committee in order to ensure that there would be adequate oversight of the KanCare program. After the KanCare Oversight Committee was passed into law, the committee held its first meeting on October 7, 2013, ten months after KanCare’s initial implementation.

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.

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:

1. Identify and describe the priority.

Abuse & Neglect: DRC will provide advocacy, including investigations and monitoring, for the disability rights of Kansans who are at risk of, or have experienced serious abuse, neglect or exploitation.

2. Identify the need, issue or barrier addressed by this priority.

PAIR eligible persons with disabilities are often vulnerable to abuse, neglect or exploitation. DRC receives reports that need to be investigated and remedied with disability rights advocacy.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who have experienced, or are at imminent risk of significant abuse, neglect or exploitation, specifically in situations where no other investigation is done or where there is clear evidence regarding the effectiveness of the investigation.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked closely with the Governor’s Interagency Council on Abuse, Neglect and Exploitation, the Kansas Attorney General’s office, other state protective services agencies (Adult Protective Services, etc.), the disability and senior advocacy communities in order to bring greater focus to abuse, neglect and exploitation of persons with disabilities.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy to 31 persons in 32 service requests. No class actions.

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

Johnson County - SG has mobility and speech impairments due to major stroke. She also is diagnosed with cardiac and circulatory impairments. SG resided in a nursing home when she called DRC to report that she had developed pressure sores due to poor care. The nursing home staff had routinely neglected basic hygiene care such as helping with regular bathing. SG reported the abuse to the state and then called DRC for follow up assistance. SG and a DRC advocate reviewed the findings of the state’s investigation which confirmed the neglect and required corrective action. The advocate gave technical assistance on the results and monitored the required corrective action by the nursing home. The DRC advocate also gave technical assistance to SG and a sympathetic social worker at the nursing home on how to apply for and obtain supportive home care and other services in the community through the Money Follows the Person program.

Priority 2:

1. Identify and describe the priority.

Health Care & Long-Term Care: DRC will provide advocacy for the disability rights of Kansans to access community-based services, supports and health care, including Medicaid, Medicare, mental health services, long-term care, assistive technology, independent living and home and community-based services.

2. Identify the need, issue or barrier addressed by this priority.

Many PAIR eligible persons with disabilities continue to experience problems with access to available and appropriate community services and health care, including, but not limited to personal assistance services, employment search and preparation services, sign language interpreters, medical services under Medicaid, Home and Community Based Services under the PD Waiver and numerous other services.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal right to healthcare (including Medicaid, Medicare, mental health services, long-term care, home and community based services, etc.) are being denied inappropriately.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked cooperatively with numerous other disability groups to advocate for elimination of waiting lists on all HCBS waivers and increase the number of PAIR eligible persons to live in the community rather than more restrictive settings.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy to 109 persons in 113 service requests. None were class actions.

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

Cloud County - CC is an adult diagnosed with COPD, osteoporosis, and an unidentified neurological issue (a form of brain lesions) which had been causing strokes. Because of her increased stroke risk, a DRC attorney helped CC appoint a durable power of attorney to make health care decisions on her behalf should she become incapacitated. This least restrictive legal action put in place a system for the client to regain important legal rights while also retaining a trusted family member to make medical decisions on her behalf should the need arrive. This also helped ensure that CC stayed out of an institution and instead was able to reside in the community with the proper supports.

Priority 3:

1. Identify and describe the priority.

Employment: DRC will provide advocacy for the disability rights of Kansans who are experiencing barriers to employment.

2. Identify the need, issue or barrier addressed by this priority.

Many PAIR eligible persons with disabilities continue to experience problems with barriers to employment.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal rights to employment are attacked or when they experience barriers to employment.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked cooperatively with numerous other disability groups to advocate for an Employment First Policy in Kansas and to improve employment outcomes for people with disabilities.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy to 67 persons in 69 service requests. None were class actions.

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

Shawnee County - KK is an individual who is blind. During the 2011-2012 school year, she worked for a before and after school program. Despite her qualifications and experience in the field, she was not re-hired for the 2012-13 school year, and was not given a reason for the decision. Believing the decision to not re-hire her was based on her blindness, KK filed an employment complaint with the Kansas Human Rights Commission. A DRC attorney represented KK in mediation with her former employer. At the mediation, KK’s former employer agreed to pay her an entire year’s worth of wages to resolve the dispute.

Priority 4

1. Identify and describe the priority.

Community Integration: DRC will provide advocacy for the disability rights of Kansans residing in institutions, and other restrictive settings, to assert their right to access appropriate community-based services and supports in the most integrated setting. A focus of the services provided under this priority is to actively ensure that people with disabilities move from institutionally-based long-term care (ICFs-MR, NFMHs, PRTFs, NF’s, etc.) to more inclusive and community based long-term care supports and services, including legal advocacy to close or reduce institutional beds.

2. Identify the need, issue or barrier addressed by this priority.

PAIR eligible people with disabilities are forced to reside in nursing homes and other institutions instead of being supported to live in the most integrated, community-based setting.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities living in institutions or other restrictive settings, or who are being threatened with institutionalization, to enforce their rights to long term care services and supports delivered in the most integrated setting.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked with disability advocacy organizations to raise awareness on the rights of people with disabilities to live in the most integrated, community-based setting.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy to 4 persons in 4 service requests. None were class actions.

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

Shawnee County - JH suffered a shattered pelvis and other broken bones in a motorcycle accident. He called DRC for help discharging from a nursing home where he had been for over a year after being released from a rehabilitation hospital. A DRC attorney worked with the nursing home staff and a case manager from the independent living center to find an apartment, get JH on the Physical Disability waiver, and develop a plan of care with attendant care hours. The DRC attorney then successfully advocated for JH to receive funds through the Money Follows the Person program which helped pay for his first month’s apartment rent, the deposit, furniture, household goods, and moving expenses.

Priority 5:

1. Identify and describe the priority.

Accessibility: DRC will provide advocacy for the disability rights of Kansans to remove physical and program barriers to an accessible society by protecting their rights under the ADA (Americans with Disabilities Act), the Rehabilitation Act, voting rights and other applicable disability rights laws.

2. Identify the need, issue or barrier addressed by this priority.

Persons with disabilities continue to complain of significant to accessing public and private services and places of public accommodation.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities where significant violations are identified of Title II and III of the ADA, and work out accommodations between the violators and the consumer.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked with disability advocacy groups, service providers and governmental agencies to promote the right of people with disabilities to have accessible government services and places of public accommodation, etc.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy to 53 persons with 55 service requests.

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

Brown County - WM contacted DRC for assistance regarding 504 and ADA accommodations issues at a community college. She was seeking a degree to become an LPN in order to obtain employment. WM has such severe migraine headaches that they significantly interfered with her ability to attend classes. The LPN program had a strict attendance policy. WM’s final semester grades were lowered by one full grade because she could not comply with the attendance policy due to her disability. WM requested accommodations to this policy, but she was denied by college administrators. DRC attorneys represented WM in negotiating a reasonable accommodation to the attendance policy so she could continue in the nursing program. WM successfully graduated from the LPN program with the aid of the identified accommodations.

Priority 6:

1. Identify and describe the priority.

Special Education: DRC will provide advocacy for Kansas students to enforce their right to special education and related services in the least restrictive environment and protect against inappropriate discipline involving behavior, which is a manifestation of the student’s disability

2. Identify the need, issue or barrier addressed by this priority.

Students with disabilities continue to report significant problems in obtaining or maintaining Free Appropriate Education and Least Restrictive Environment in education as promised by IDEA and Section 504 of the Rehabilitation Act.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to students with disabilities in mediation or due process situations where significant non-compliance of appropriate educational services occurs.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC collaborated closely with Keys for Networking and Families Together to ensure more coordinated, effective special education advocacy services for students with disabilities. DRC, Keys and Families Together are the three agencies that are the most engaged in special education advocacy in Kansas.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

DRC provided disability rights advocacy for 10 persons with 10 service requests. None were class actions.

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

Kingman County - WS has Tourette syndrome, was not eligible to have an IEP, but was having problems in school due to his disability. A DRC advocate gave technical assistance on seeking a 504 Plan and getting reasonable accommodations for WS’s disabilities for things such as for processing issues. Because of DRC’s support, WS’s mother successfully self-advocated with the school to provide accommodations so WS.

Priority 7:

1. Identify and describe the priority.

Housing: DRC will provide advocacy for the disability rights of Kansans whose rights to housing have been violated under the Fair Housing Amendments Act, Rehabilitation Act or other applicable disability housing laws

2. Identify the need, issue or barrier addressed by this priority.

Persons with disabilities continue to report significant challenges in locating and obtaining safe, affordable, decent and accessible housing due to lack of resources and discrimination.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities whose housing rights under the Fair Housing Act Amendments or the Rehabilitation Act are being denied because of their disability.

1. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

DRC worked with independent living centers, disability organizations, the Kansas Housing Resources Corporation, and

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 - Serious Abuse, Neglect or Exploitation - DRC will provide advocacy, including investigations and monitoring, for the disability rights of Kansans who are at risk of, or have experienced serious abuse, neglect or exploitation.

Need/population:

PAIR eligible persons with disabilities are often vulnerable to abuse, neglect or exploitation. DRC receives reports that need to be investigated and remedied with disability rights advocacy.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who have experienced, or are at imminent risk of significant abuse, neglect or exploitation, specifically in situations where no other investigation is done or where there is clear evidence regarding the effectiveness of the investigation.

PRIORITY 2 - Community Services & Health Care - DRC will provide advocacy for the disability rights of Kansans to access community-based services, supports and health care, including Medicaid, Medicare, mental health services, long-term care, assistive technology, independent living and home and community-based services.

Need/population:

Many PAIR eligible persons with disabilities continue to experience problems with access to available and appropriate community services and healthcare, including, but not limited to personal assistance services and medical services under Medicaid and Medicare.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities when their legal right to community services and healthcare (including Medicaid, Medicare, mental health services, long-term care, home and community based services, etc.) are being denied inappropriately.

PRIORITY 3 - Employment - DRC will provide advocacy for the disability rights of Kansans who are experiencing barriers to employment.

Need/population:

Many PAIR eligible persons with disabilities continue to experience barriers to employment.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities who are experiencing barriers to employment.

PRIORITY 4 - Community Integration - DRC will provide advocacy for the disability rights of Kansans residing in institutions, and other restrictive settings, to assert their right to access appropriate community-based services and supports in the most integrated setting. A focus of the services provided under this priority is to actively ensure that people with disabilities move from institutionally-based long-term care (ICFs-MR, NFMHs, PRTFs, NF’s, etc.) to more inclusive and community based long-term care supports and services, including legal advocacy to close or reduce institutional beds.

Need/population:

Many PAIR eligible persons with disabilities continue to be denied access to home and community based long-term care services and instead are forced to seek institutional care.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities living in institutions or other restrictive settings, or who are being threatened with institutionalization, to enforce their rights to long term care services and supports delivered in the most integrated setting.

PRIORITY 5 - Accessibility - DRC will provide advocacy for the disability rights of Kansans to remove physical and program barriers to an accessible society by protecting their rights under the ADA (Americans with Disabilities Act), the Rehabilitation Act, voting rights and other applicable disability rights laws.

Need/population:

Persons with disabilities continue to complain of significant barriers to accessing public and private services and places of public accommodation.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities where significant violations are identified of Title II and III of the ADA, and work out accommodations between the violators and the consumer.

PRIORITY 6 - Special Education - DRC will provide advocacy for Kansas students to enforce their right to special education and related services in the least restrictive environment and protect against inappropriate discipline involving behavior, which is a manifestation of the student’s disability.

Need/population:

Persons with disabilities continue to report significant problems in obtaining or maintaining Free Appropriate Education and Least Restrictive Environment in education as promised by IDEA and Section 504 of the Rehabilitation Act. Though few students with disabilities in special education are PAIR eligible, DRC continues this priority as a safety net to ensure that all students in special education have access to our special education advocacy.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals with disabilities whose right to special education and related services are violated.

PRIORITY 7 - Fair Housing - DRC will provide advocacy for the disability rights of Kansans whose rights to housing have been violated under the Fair Housing Amendments Act, Rehabilitation Act or other applicable disability housing laws.

Need/population:

Persons with disabilities continue to report significant challenges in locating and obtaining safe, affordable, decent and accessible housing due to lack of resources and discrimination

Description of activities:

Provide legal representation and advocacy, when agency resources permit, to individuals whose right to housing is violated.

PRIORITY 8 - Accountability of Guardians & Other Legal Decision Makers DRC will provide advocacy for the disability rights of Kansans to pursue alternatives to guardianship/conservatorship, to end guardianship/conservatorship when it is no longer necessary, to change guardians/conservators in cases of abuse or neglect, or to hold other legal decision makers (representative payees, trustees, etc.) accountable for violating the rights of the person with a disability.

Need/population:

Though far fewer PAIR eligible persons with disabilities are subject to guardianship/conservatorship (because cognitive or mental impairment is a requirement of guardianship), some limited numbers of PAIR eligible persons can be helped by this priority (persons with acquired head injuries, acquired cognitive impairment after age 21, mental illness that does not meet the significant mental illness standard of PAIMI, etc.). Persons with disabilities are improperly subjected to guardianships or conservatorships, which greatly restrict their rights and liberty.

Description of activities:

Provide legal representation and advocacy, when agency resources permit, when inappropriate use of guardianship/conservatorship has caused a substantial impact upon the liberty of the individual with a disability and the individual no longer wants or needs a guardian/conservator. This includes using legal and advocacy methods to promote alternatives to guardianship/conservatorship. The emphasis of this priority is on restoration of rights over establishing successor guardians/conservators.

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

Source of funding Received & expended on individuals

Federal funds $138,856

State funds 0

All other funds 0

Total from all sources $138,856

The "all other" category is broad and includes funds from local governments, earned income (e.g., legal fees), charitable contributions, and other grants or contracts. This category does not include in-kind donations. However, it is hoped that agencies will collect this information separately if appropriate.

b. Budget for current and following fiscal years: Be sure to outline the budget for the current and subsequent fiscal years. This item should include a breakdown of dollars expended/allotted for administrative costs (e.g., salaries for personnel, equipment, etc.); and services to individuals and other expenses (e.g., training of staff, travel, etc.). The following chart is recommended:

Category FFY 2013 FFY 2014

Wages & Salaries $81,833 $98,567

Fringe Benefits $24,385 $31,178

Materials/Supplies $1,679 $2,448

Postage $551 $771

Telephone $1,807 $1,836

Rent $9,113 $9,913

Travel $1,490 $6,119

Copying $0 $0

Bonding/Insurance $1,436 $1,407

Equip Rent/Purchase $1,615 $1,248

Legal Services $0 $0

Indirect Costs $0 $0

Miscellaneous $14,947 $21,513

Total Budget $138,856 $175,000

C. Number of person-years: "Person-years" refer to the actual time that positions (both professional and clerical) were filled during the period covered by this annual report. If a position was filled throughout the year, it counts as one person-year. Positions filled for any fraction of the fiscal year should be expressed in "full-time equivalents. Person-years should be reported for all PAIR personnel whose salaries are paid totally or partially by PAIR funds. Identify the number of person-years staffing PAIR this fiscal year. Be sure to include an explanation of the number of full-time, part-time, and vacant positions. Enter the full-time equivalent for all part-time positions. The following chart is recommended:

Type of position FTE % yr filled Person-years

Executive Director 1 100% 1Deputy Director - Administrative Division 1 100% 1Deputy Director - Legal Division 1 100% 1Case Attorneys 4.33 100% 4Case Advocates 3.5 100% 3Office Assistant 1 100% 1

Administrative Assistant 1 100% 1Outreach/Spec Project Dir 1 100% 1

Duties:Executive Director - Overall leader and director of the agency. Administrative head of the agency. Employs staff (hires/fires). Ensures accountability, effectiveness and efficiency of agency’s programs and services.Deputy Director - Administrative Division - Responsible for accounting, bookkeeping, accounts receivable & payable, building and lease issues, human resources, etc. Supervises the Office Assistant and Outreach/Special Projects Director. Deputy Director - Legal Division - Responsible for legal work product of the agency. Supervises the staff attorneys and advocates. Carries an active caseload. Prosecutes cases. Case Attorneys - Provide legal representation.Case Advocates - Provide advocacy representation and case advocacy. Office Assistant - Answers phones, does office and administrative tasks, etc.

Administrative Assistant - Provides administrative support to the legal division and assists with general administrative tasks for the entire agency.

Outreach & Special Projects Director - manages the tasks associated with outreach, communications/public relations, marketing/publications, and administrative office functions of the agency.

D. Involvement with advisory boards: Identify in what ways, if any, is PAIR involved with advisory boards. Include here any information regarding PAIR’s involvement with the P&A’s advisory board (if applicable).

N/A

E. Grievances filed: The Act requires that PAIR establish a grievance procedure to handle any complaints by clients regarding the services received/not received from PAIR. Provide a description of the issues involved in any grievances filed against PAIR during the fiscal year covered by this report. Explain why the individual filed the grievance and describe the outcome of the grievance process for each complaint. You should not include personally identifying information regarding the individual served.

There were no PAIR grievances filed in FFY 2012.

F. Coordination with the CAP and the State long-term care program: In some States, the CAP and the State’s long-term care programs are not part of the designated P&A agency, which administers the PAIR program. However, the Act mandates that PAIR coordinate its activities with the CAP and the long-term care programs. If the CAP and/or the long-term care program is not a part of your P&A, describe how PAIR coordinates its activities with those entities.

DRC and the Long-Term Care Ombudsman Program have met to improve collaboration and cooperation between our two agencies. DRC will continue to work closely with the advocates in for seniors and others in nursing facilities (including Kansas Advocates for Better Care). DRC will continue to work with the LTCO to improve the delivery of advocacy services for seniors and people with disabilities. DRC also operates the CAP program, so CAP is fully integrated and coordinated with the PAIR program.

Certification

Signed?Yes
Signed ByRocky Nichols
TitleExecutive Director
Signed Date12/29/2013