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

Utah (DISABILITY LAW CENTER -- THE COMMUNITY LEGAL CENTER) - H240A140045 - FY2014

General Information

Designated Agency Identification

NameDisability Law Center
Address205 North 400 West
Address Line 2
CitySalt Lake City
StateUtah
Zip Code84103
E-mail Addressazahradnikova@disabilitylawcenter.org
Website Addresshttp://www.disabilitylawcenter.org
Phone801-363-1347
TTY
Toll-free Phone800-662-9080
Toll-free TTY
Fax801-363-1437
Name of P&A Executive DirectorAdina Zahradnikova
Name of PAIR Director/CoordinatorAdina Zahradnikova
Person to contact regarding reportAdina Zahradnikova
Contact Person phone801-363-1347
Ext.3220

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 areas414
2. Individuals receiving I&R outside PAIR priority areas135
3. Total individuals receiving I&R (lines A1 + A2)549

B. Training Activities

1. Number of trainings presented by PAIR staff4
2. Number of individuals who attended training (approximate)86

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 website0
5. Publications/booklets/brochures disseminated0
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)33
2. Additional individuals served during the year224
3. Total individuals served (lines A1 + A2)257
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)9

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 accessibility35
2. Employment86
3. Program access2
4. Housing33
5. Government benefits/services0
6. Transportation8
7. Education2
8. Assistive technology0
9. Voting0
10. Health care32
11. Insurance3
12. Non-government services0
13. Privacy rights0
14. Access to records3
15. Abuse13
16. Neglect16
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor181
2. Other representation found0
3. Individual withdrew complaint26
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.3
6. PAIR withdrew from case7
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit11
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-advocacy17
2. Short-term assistance170
3. Investigation/monitoring10
4. Negotiation12
5. Mediation/alternative dispute resolution3
6. Administrative hearings8
7. Litigation (including class actions)1
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 - 42
2. 5 - 2210
3. 23 - 59189
4. 60 - 6429
5. 65 and over27

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females113
2. Males144

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 Native1
3. Asian0
4. Black or African American5
5. Native Hawaiian or Other Pacific Islander1
6. White231
7. Two or more races0
8. Race/ethnicity unknown6

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent208
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 center7
9. Homeless5
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 impairment13
2. Deaf/hard of hearing21
3. Deaf-blind0
4. Orthopedic impairment105
5. Mental illness10
6. Substance abuse1
7. Mental retardation3
8. Learning disability17
9. Neurological impairment43
10. Respiratory impairment10
11. Heart/other circulatory impairment2
12. Muscular/skeletal impairment21
13. Speech impairment0
14. AIDS/HIV3
15. Traumatic brain injury8
16. Other disability0

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities15

2. Number of individuals potentially impacted by policy changes1,147,303

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.

Here are a few examples of our systemic efforts during FY 14:

1) An Access and Rights team member is a member of the Cache County Regional Transportation Council and is currently a co-president of the board. This council serves the tri-county area of Cache, Box Elder and Rich counties. 2) WINGS is a committee formed through a grant by the Administrative Office of the Courts. The committee will look at a number of options that will help strengthen the guardianship process and monitoring and support for guardians once they are appointed.The WINGS project, of which the DLC is a member, held a symposium in October of 2013 on critical issues related to guardianship . During most of the day three workgroups separately addressed three issues: agency cooperation and coordination, medical and functional evidence of incapacity, and person-centered planning and supported decision-making. After the symposium each workgroup was to write an article on its work during the symposium, to be submitted to the Utah Bar Journal for publication. DLC attorney Rob Denton wrote the article for the medical and functional evidence of incapacity workgroup. After the Symposium the medical evidence subgroup has worked on developing a strategy that will better enable health care professionals to be reimbursed by private insurance, Medicaid, Medicare or the VA for competency evaluations. The group as a whole is now developing a state-wide education program, covering the following topics: 1. Medical view of impaired decision-making abilities. 2. Planning ahead: guardianship alternatives. 3. Community resources for families and vulnerable adults. 4. Court-appointed guardianship process. 5. Post guardianship appointment issues. 6. Person-centered planning and supported decision-making. Each topic will be delivered in a form of roundtable discussion that will include several experts in that particular area. 3) The Access and Rights team provided 17 fair housing trainings across the State. These trainings included information about fair housing rights, the rights of people with disabilities in housing, instructions about how to request a reasonable modification or reasonable accommodation in housing, and information about assistance animals for people with disabilities. 4) DLC Advocate, Sheri Newton is currently serving as the chairman of the Regional Coordinating Council for the Bear River Region (Cache, Box Elder & Rich Counties). In that role she has successfully worked with a group of human service and transportation professionals to launch a pilot project that offers more options for people with disabilities who need transportation to medical appointments. The pilot project will allow qualified referrals to use travel vouchers to reimburse private transportation companies or friends and neighbors for rides they provide to the doctor or for other medical treatments. The RCC hopes to use the success of this program to secure additional funding so that trip vouchers can be available to more people in the future. 5) A DLC staff member attended a conference at Utah State University with an individual who uses a wheelchair. The Richards Hall dormitory has marked, accessible parking spaces, but the entire lot is enclosed by a curb without any curb cuts. The individual using the wheelchair had to go a significant distance out of her way to access the dorms and related activities. In addition, the entrances to the dorms had a 1.5" lip that impeded wheelchair access. The project will consist of accessibility survey of the Utah State Dorm areas to determine compliance with Title II of the ADA and ADAAG’s. If violations are found, the project will enter an enforcement phase via negotiation with Utah State University and/ or Complaint filed with U.S. Dept. of Justice. The DLC finished its investigation and sent the University a demand letter in September 2014. 6) The DLC conducted a review of Utah Transit Authority (UTA) policies to formulate any possible systemic solution for UTA riders who are deaf/blind and want to use POP (Palm-on-Palm) signing as an accommodation for disability and have it included as part of the UTA transportation system. This project will continue in FY 15. 7) The DLC reviewed and researched complaints that Salt Lake County is not in compliance for ADA accessibility for people with disabilities in the current recreation facilities, and for planning for future recreation programs/facilities/construction. The goal is to ensure compliance with ADA standards in SL County recreation facilities and programs for people with disabilities. We developed a comprehensive recreational center survey and will begin the accessibility investigation. 8) We continue to monitor the Decker Curb Cut case settlement, reached in 2006. The state of Utah has until 2016 to come in full compliance with the terms of the settlement. 9) The DLC completed focused monitoring at Federal Heights Care Center in Salt Lake City. We have received numerous complaints from residents regarding the quality of care they are currently receiving. Some of those complaints will be handled on a case by case basis, however, the AN team has decided to focus some monitoring efforts on this facility to handle general complaints and monitor the safety of its residents. A DLC attorney sent the facility a letter outlining all of our concerns. The administration took immediate steps to remedy the situation. We will follow up later in FY15 to make sure conditions have improved.

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.

PAIR PRIORITY — AN-1 ABUSE 1. Identify and describe priority. Investigate and seek remedies for complaints of serious abuse of people with disabilities with a focus on those living in or being treated in facilities. This includes, USH, USDC, ICFIDs, YRTFs, JJS, long term care/nursing facilities, community residential services, sheltered workshops, community mental health centers, day treatment programs, hospitals, emergency rooms and correctional facilities. 2. Identify the need, issue or barrier addressed by this priority. • FY12 Needs Assessment Data Reports: 72 % of respondents ranked stopping the abuse of PWD as “Very Important” (the highest ranking available). • 82,000 adults in Utah live with a serious mental health issue, 34,000 children live with a serious emotional disturbance. • STAT continues to get a high volume of calls on A&N issues. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. By the end of FY14, the AN team will provide 1:1 advocacy to a total of 131 individuals. By the end of FY14, the AN team will have implemented focused monitoring at 4 facilities (AN1 & AN2 combined). By the end of FY14, the AN Team will have provided trainings to at least 12 groups (AN1 & AN2 combined). 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The DLC collaborates with many other agencies in Utah whose priorities are similar to ours in reducing and/or eliminating the abuse and neglect of people with disabilities living in facilities in Utah. Some of those agencies include; Adult Protective Services, Ombudsman, Long Term Care Planning Committee, Brain Injury Association of Utah, Utah Attorney General’s Office, Department of Aging and Adult Services, Office of Public Guardian, and Department of Health. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 50 Short term Assistance — 48 Abuse Investigations — 24 Representations at Meetings — 10 Technical Assistance — 0 Litigation on behalf of clients — 1 Class actions — 0 6. Provide at least one case summary that demonstrates the impact of the priority. Case summary: Client contacted DLC regarding that she was not getting the proper mental health treatment and that her personal property was being improperly confiscated, handled and stored by Utah State Hospital staff. DLC Advocacy and Results: DLC advocate met with client several times, along with meeting with facility staff and it was determined that indeed her items were being improperly handled and it was not in accordance to her treatment plan. Items were returned to client and services are now being provided to her according to her plan.

Case summary: DLC staff noticed that a patient at USH had been on Area Restriction for over the amount of time as stated in USH policies and procedures. DLC Advocacy and Results: DLC Advocated met with the doctors and client’s treatment team to advocate for patient to get off of area restriction. Issue was resolved.

PAIR Priority - AN 2 -Neglect . 1. Identify and describe priority. Investigate and seek remedies for complaints of serious neglect of people with disabilities with a focus on those living in or being treated in facilities. This includes, USH, USDC, ICFIDs, YRTFs, JJS, long term care/nursing facilities, community residential services, sheltered workshops, community mental health centers, day treatment programs, hospitals, emergency rooms and correctional facilities. 2. Identify the need, issue or barrier addressed by this priority. FY12 Needs Assessment Data Reports: 72 % of respondents ranked stopping the abuse and neglect of people with disabilities as “Very Important” (the highest ranking available). 82,000 adults in Utah live with a serious mental health issue, 34,000 children live with a serious emotional disturbance. STAT continues to get a high volume of calls on A&N issues 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. By the end of FY14, the AN team will provide 1:1 AN-2 advocacy to 60 individuals. By the end of FY14, the AN team will implement focused monitoring at 4 facilities (AN1 & AN2 combined) per year. By the end of FY14, the AN Team will have provided trainings to at least 12 groups (AN1 & AN2 combined). 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The DLC collaborates with many other agencies in Utah whose priorities are similar to ours in reducing and/or eliminating the abuse and neglect of people with disabilities living in facilities in Utah. Some of those agencies include; Adult Protective Services, Ombudsman, Long Term Care Planning Committee, Brain Injury Association of Utah, Utah Attorney General’s Office, Department of Aging and Adult Services, Office of Public Guardian, and Department of Health. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 25 Short term Assistance — 46 Abuse Investigations — 25 Representations at Meetings — 1 Technical Assistance — 0 Class actions — 0 6. Provide at least one case summary that demonstrates the impact of the priority. PAIR- Client called stating that the facility had confiscated her power wheelchair, thus leaving her secluded to her room. When client questioned the issue, she was told by the facility that they had a now “power wheelchair” policy. DLC Advocacy and Results: DLC advocated for client to have access to her power wheelchair and worked with the facility attorney to ensure that the policy was changed and that everyone have access to their power wheelchairs.

PAIR: Client received numerous wounds and marks around being improperly restrained by hospital staff at his nursing home facility. DLC Advocacy and Results: DLC Advocate conducted investigation and a DLC Attorney provided legal advocacy regarding the injuries that our client sustained while being improperly restrained. A settlement was reached with the facility and a special needs trust was set up for him.

PAIR Priority - AN 3 - Improving healthcare for people with disabilities 1. Identify and describe priority Assist people with disabilities facing denial, reduction or termination of healthcare and/or assistive technology services. 2. Identify the need, issue or barrier addressed by this priority. FY12 Needs Assessment Data Reports: 58 % of respondents ranked helping PWD get or keep health care benefits like Medicaid as “Very Important” (the highest ranking available). STAT continues to get a high volume of calls on A&N issues 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. By the end of FY14, 33 individuals will receive healthcare /assistive technology services that have been denied or reduced. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. This priority did not involve collaborative efforts by other entities.

5.Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 24 Short term Assistance — 19 Abuse Investigations — 1 Representations at Meetings — 15 Fair/Administrative Hearings — 3 Technical Assistance — 0 Litigation on behalf of clients - 2 Class actions — 0 6. Provide at least one case summary that demonstrates the impact of the priority. PAIR- Client was denied for a CoughAssist device. Her private insurance company had claimed that CoughAssist was experimental and investigational for her condition. A DLC advocate researched the issue and wrote an appeal letter on her behalf. The device was approved. PAIR- Client had been told that the nursing services he was receiving under the Travis C waiver would be discontinued when he turned 21. Suggested client request a written denial. He received a written confirmation that his nursing services would continue.

PAIR PRIORITY - AR1 - Access to accessible, affordable, safe and clean housing 1. Identify and describe priority. People with disabilities will gain and/or maintain accessible and affordable housing 2. Identify the need, issue or barrier addressed by this priority. In the DLC 2012 needs assessment survey: • 10.8% of respondents said they had experiences discrimination in renting or keeping a home or apartment because of a disability; • 19.9% of respondents had problems finding accessible housing; • 12.1 of respondents had problems moving from an institution into the community; • 41.1% of respondents feel it is IMPORTANT for the DLC to advocate for the rights of people with disabilities who have emotional support animals; • 43% feel it is IMPORTANT to advocate for zoning ordinances that allow group homes for people with disabilities to locate in residential neighborhoods; • 46.6% feel it is IMPORTANT to help people how have been discriminated against in housing; • 42.7% feel like the DLC should make sure housing in our community is accessible; 47.3% feel it is VERY IMPORTANT t to work with local city and county governments to protect the rights of people with disabilities; • 48.8 agree the DLC should put efforts into addressing needs in rural communities; • 38.6% agree the DLC should focus its legal work on issues that impact large groups of people; • 45.4% agree the DLC should do more to promote community based living; 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. By the end of FY14, the AR team will provide 1:1 AR-1 advocacy to 80 individuals. By the end of FY14, the AR Team will have provided trainings to at least 5 groups.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The DLC collaborates with many other agencies in Utah whose priorities are similar to ours in reducing and/or eliminating the housing discrimination of people with disabilities living in Utah. Some of those agencies include; Utah Antidiscrimination and Labor Division, HUD, Utah Housing Coalition, HUD’s Fair Housing Forum, Salt Lake City, Salt Lake County, and Weber County.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 220 Short term Assistance — 174 Representations at Meetings — 80 Fair/Administrative Hearings — 1 Litigation on behalf of clients - 6 Class actions — 0 6. Provide at least one case summary that demonstrates the impact of the priority.

J.P., a resident at a local homeless shelter, came to the DLC because the homeless shelter would not allow him to sleep in a lower bunk bed despite having a signed doctor’s note attesting to his disability and trouble climbing up and down. We advocated for JP with one of the directors at the shelter via letter and numerous phone calls. JP was eventually given a permanent assignment to a lower bunk, and a procedure was put in place to accommodate other clients with disabilities in the future.

PAIR PRIORITY - AR2 - Eliminate architectural barriers to public buildings, transportation and Post Secondary Education 1. Identify and describe priority. Reduce or eliminate architectural, programmatic and transportation barriers faced by people with disabilities who use public buildings, public services, healthcare, transportation and post-secondary education. 2. Identify the need, issue or barrier addressed by this priority. In the DLC 2012 needs assessment survey: • 18.5% of respondents had problems entering a public building because it was not accessible; • 23.3% of respondents had problems accessing recreational activities; • 46.5% of respondents feel it is IMPORTANT to make sure restaurants, courthouses, and other buildings are accessible; • 48.8% AGREE the DLC should put more effort into addressing the needs of people in rural communities; • 38.6% STRONGLY AGREE legal work on large groups of people; • 45.4% AGREE the DLC should do more to promote community based living;. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. By the end of FY14, the AR team will provide 1:1 AR-1 advocacy to 32 individuals.

4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The Regional Coordinating Council for Cache, Box Elder and Rich Counties is chaired by a member of the AR team. The purpose of the council is to preserve and increase the availability of public and private transportation services for underserved populations such as people with disabilities, the elderly and the poor.

5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 25 Short term Assistance — 56 Representations at Meetings — 29 Fair/Administrative Hearings — 1 Litigation on behalf of clients - 2 Class actions — 0 6. Provide at least one case summary that demonstrates the impact of the priority. Case summary: The DLC successfully advocated on behalf of a client enrolled at the Art Institute of Salt Lake City. Through our efforts, we were able to highlight the problems associated with how reasonable accommodations are requested at the Institute. As result, the turn-around time between the submission of an accommodation request and the Client’s receipt of the accommodation has been dramatically reduced. The client suffers from Attention Deficit Hyperactivity Disorder. It had taken the Client several years to understand his disability and to figure out what specific resources would ultimately be of use to him in his studies. Therefore, once he knew which resources would be beneficial, he began working with an Institute Administrator in order to acquire the tools and resources that would help him understand and retain the complex course material. But, the Client’s request to the Administrator were often met with delay, and as the Client stated, "a lack of effort." After meeting with the Client, the DLC sent a demand letter to the Institute with regard to the apparent lack of accommodations provided to the Client. The Administrator did not respond to this letter. As a result, a decision was made to file a complaint with the Department of Education’s Office of Civil Rights and at the same time a companion letter was sent to the Institute informing them of the complaint. This time the letter solicited a response. With the complaint submitted, the Institute was not under investigation by the Dept. of Education. Shortly into the Dept. of Ed.’s investigation, we received word from the Client that the Administrator he had worked with regarding his accommodations was no longer with the Institute. Furthermore, the change in administration has brought a much more responsive and efficient accommodation request process. As of this date, the Client reports that he receives his accommodations quickly and with no delay. With the Dept. of Ed. complaint still in play, the Client’s case is yet to be resolved. Nevertheless, the hard work performed by the DLC thus far has already provided the Client with a victory and the hope that he can be the successful student he aspires to be.

PAIR PRIORITY - EM 3 - Increase employment opportunities for people with disabilities 1. Identify and describe priority This goal will assist Utahns with disabilities that experience discrimination based on disability when applying for a job. The goal will also assist clients who are currently employed, but face losing their job due to a denial of reasonable accommodation or other discriminatory practices. Additionally, the Employment team is placing an emphasis on exploring avenues to help end segregated employment. 2. Identify the need, issue or barrier addressed by this priority • According to a report from the Equal Employment Opportunity Commission (EEOC), roughly 30% of all complaints come from people with disabilities. Disability discrimination complaints doubled from 2008 to 2010. • According to the Dept of Labor, in June 2012 the unemployment rate for individuals with disabilities was 13.3% compared to just 8.2% for people with no disability. Only 20.5% of people with a disability are in the labor force, compared to 70% of people without a disability. • 85% of respondents to the DLC’s Annual Needs Survey stated that it was important to help people with disabilities who have been discriminated against in work settings. • In NDRN’s publication “Segregated & Exploited”, we find that labor law exemptions for employers of people with disabilities have created jobs that pay as little as 10% of the minimum wage, with most workers earning only 50% of minimum wage. Often people with intellectual disabilities are placed into sheltered workshops instead of being allowed to explore their employment potential in community settings. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. In FY14, the EM team will assist 185 people with disabilities on a one-to-one basis with issues relating to discrimination and other barriers to employment. In FY14, the team will conduct 25 events to educate and train consumers, service providers, and other employment-related agencies about the rights of people with disabilities in employment. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. This priority did not involve collaborative efforts by other entities. 5.Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 71 Short term assistance — 113 Representation at Meetings — 20 Fair/Administrative hearings — 6 Litigation on behalf of clients — 2 0 class actions 6. Provide at least one case summary that demonstrates the impact of the priority. A.Z. is 27 years old and has physical/orthopedic impairments. Client worked at a grocery store for 4 years as a cashier. She had suffered damage to her knee because of a joint condition. She requested an accommodation to sit down between ringing up customers. She said she would provide her own stool to sit on at her station. The grocery store denied the accommodation several times. Client was also scheduled for knee surgery in September and was worried that she would lose her job while she was recuperating. The DLC drafted a letter to employer making a formal request for accommodations and attached supporting medical documentation. The employer granted the accommodation requested and now allows her to use a check stand which is large enough to accommodate her stool so that she can sit when she is not waiting on her customers. They also held her job for her during her surgery.

Client summary: R.M. is a 61 year old male with physical/orthopedic impairments. He had been working at an appliance company for four years when he was injured on the job. The company made him use sick leave without pay and told him he could not come back to work until he was “100%” recovered. Even after the client’s doctor released him back to work, the company would not provide any accommodations or allow him to return until fully healed. The DLC met with the client for a legal clinic. We agreed to write a demand letter to the company stating that denying accommodations to employees with disabilities was against the law. The letter worked. The company agreed to provide accommodations and he is back at work.

Client summary: F.F. came to a DLC clinic after he had been placed on permanent administrative leave as a gate agent with one of the local airlines. His employer had maintained that they would not grant accommodations, and that he had to be able to return at 100 % in order to return to work. The DLC wrote a letter to FP’s employer requesting that he be allowed to return to work immediately with the necessary reasonable accommodations. After some negotiations, FP was allowed to return to work with the necessary accommodations.

PAIR PRIORITY -Short Term Assistance for people with disabilities contacting DLC for assistance 1. Identify and describe priority. Annually, the DLC expects to offer assistance to 4000 people with disabilities by answering questions, helping with self-advocacy skills, referrals to appropriate community agencies, information and referral services, short term assistance and case level assignment services. 2. Identify the need, issue or barrier addressed by this priority. STAT provides services to many families looking for disability services. Those responding to the Utah Developmental Disabilities Council needs assessment indicate: (1) that parents and family members are the primary care givers for people with disabilities (47% in the survey) and (2) more than 1/3 of the families reported an increase in stress attempting to care for those family members 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. • Provide Information and Referral for 1000 callers and those contacting the DLC electronically. • Provide Short term assistance to 800 people with disabilities in areas of DLC goals. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. STAT team work collaboratively with all DLC teams to provide timely and competent short term assistance to all DLC callers. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Information and Referral — 1192 Short Term Assistance — 262 6. Provide at least one case summary that demonstrates the impact of the priority. Client summary: Caller is a 41-year-old woman. She is deaf and communicates with use of a sign language interpreter. Caller was a victim of a financial scam. She was contacted by the FBI to set up an interview regarding the scam activities. She was concerned that the FBI was not offering to use a sign language interpreter for the interview. STAT gave her information on how to request the needed interpreter, and the FBI did indeed provide an interpreter for the interview. She still had legal concerns following the meeting, but was grateful for the advice on how to request interpreter services.

Client summary: Caller is a 76-year-old man with physical disabilities. He contacted STAT with complaints that bathrooms at the Cedar City Bowling Alley were not accessible for people with physical disabilities. He asked DLC to investigate ADA violations. The investigation revealed that the building was built pre-ADA and there were no major renovations that would bring it under ADA rules. However, STAT worked with the caller and the Red Rock Center for Independence in Cedar City on a plan to approach the business with information on how important the facility was to the community (especially senior citizens with physical limitations) and suggestions about low cost/high impact changes that could help with the accessibility issue.

Client summary: Caller was a 40-year-old man with a seizure disorder. He contacted DLC when he was terminated from his job. He was fired for leaving work after threats and harassment from a fellow worker. He was not interested in returning to that employment , but did need information on filing for unemployment, and he was more interested in receiving training for new and better employment. STAT described Vocational Rehabilitation services to him, and outlined for him how to apply for services, put together an employment plan and how CAP services would be available in the event of disagreements with Voc Rehab.

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.

Priorities and Objectives for the Current Fiscal Year (2015)

Eliminate Abuse of People with Disabilities : AN 1 Abuse of people with disabilities with a focus on those living in or being treated in facilities. This includes, USH, USDC, ICFIDs, YRTFs, JJS, long term care/nursing facilities, community residential services, sheltered workshops, community mental health centers, day treatment programs, hospitals, emergency rooms and correctional facilities. The AN Team team’s three main areas of focus for FY 15-16 will be: Olmsted ICF/ID Litigation Investigation into the provision of mental health services in county jails throughout Utah. This will be an in-depth look and a county by county survey of how county jails interact with their Local Mental Health Authorities (LMHA) to fulfill their obligation to treat people with mental illness. Continuation for our FY14 investigation regarding the lack of active treatment at USDC. Results from the 2014 Needs Assessment show that of those who responded either was or knew someone with a disability who had experience abuse and neglect. 69% had experienced emotional or verbal abuse 46% had experienced neglect 41% had experienced physical abuse 225 had experienced sexual abuse 36% of the respondents stated that keeping people free from abuse and neglect is their top priority.

The AN Team will focus on systemic work instead of its current focus which has been on individual cases, our projected goal numbers have been changed to reflect the change in focus. By the end of FY 15, 10 PAIR eligible clients will receive one-on-one representation under this priority. AN team will complete focused monitoring at 6 facilities (3 per year). This is an AN1, AN2 combined project.The AN Team will develop several new publications in addition to our current publications: What to do if you get a discharge notice from a Nursing Home/Rehab/Long term care facility How to become your own legal guardian again Your rights living in an ICFID How to be a self-advocate The AN Team will develop a plan to utilize the media consistent with our team’s legal strategy that will promote community integration of people with disabilities. This may be done through newspaper articles, op-eds, Facebook, newsletters, television appearances, etc.

Eliminate Neglect of People with Disabilities : AN2

People with disabilities will be free from neglect and will receive appropriate services. We will address neglect of people with disabilities with a focus on those living in or being treated in facilities. This includes, USH, USDC, ICFIDs, YRTFs, JJS, long term care/nursing facilities, community residential services, sheltered workshops, community mental health centers, day treatment programs, hospitals, emergency rooms and correctional facilities.

The AN team will provide one-on-one representation to 5 PAIR eligible clients under this priority.

Ensure access to places of public accommodations - AR 1

Reduce or eliminate architectural and programmatic barriers faced by people with disabilities using public buildings, public accommodations, transportation and Post Secondary Education.Of those who responded to the 2014 DLC Needs Assessment Survey: 43% reported that they or someone they knew had had difficulty accessing a public place or service - Of those who reported difficulty, 74% responded that they had encountered architectural barriers and 31% reported programmatic barriers 22% reported access problems with private restaurants 23% reported encountering barriers with public transportation 10% reported difficulty receiving scholastic accommodations in post-secondary education

Continue to take individual cases for all 5 objectives related to AR 1 as well as the following specific measures: Objective 1: Architectural Accessibility Focus on places of public accommodation in rural Utah, specifically Uintah, Box Elder, Piute & Wayne counties where the DLC has begun building relationships with community officials through the voting program or encountered pervasive accessibility violations. Continue to survey and address ADA/ADAAG compliance in Salt Lake City for a total of 4 public buildings or private businesses, including filing DOJ complaints where noncompliance is not remedied after notification.

Objective 2: Programmatic/Recreational Accessibility Continue to build relationships Salt Lake City Arts Council and 1 new event coordinator in Salt Lake City; continue to monitor temporary outdoor events for ADA/ADAAG compliance, incl. Twilight Concert Series and downtown Farmers Market. Continue to assess and accessibility of Salt Lake County recreational facilities, services and accommodation request procedures through the Salt Lake County Project. Objective 2: Programmatic/Recreational Accessibility Continue to build relationships Salt Lake City Arts Council and 1 new event coordinator in Salt Lake City; continue to monitor temporary outdoor events for ADA/ADAAG compliance, incl. Twilight Concert Series and downtown Farmers Market. Continue to assess and accessibility of Salt Lake County recreational facilities, services and accommodation request procedures through the Salt Lake County Project. Objective 3: Higher Education Determine appropriate methods to reach higher ed. students regarding available accommodations, procedure and DRC resources. Objective 4: Accommodations in Utah Prisons Objective 5: Transportation Continue to participate in Wasatch Regional Coordination Council for Community Transportation (RCC) meetings to organize and guide local and regional coordination efforts that directly or indirectly improve management for people with disabilities, seniors, veterans and/or persons with low income.

Access to Health care : AR 2 People with disabilities facing denial, reduction or termination of healthcare and/or assistive technology services. 43% of 2014 survey respondents feel it is IMPORTANT to secure appropriate mobility aids, speech devices, medical equipment or other assistive technology for individuals with disabilities. By the end of FY15, 33 individuals will receive healthcare/assistive technology services that have been denied or reduced In order to more efficiently serve these individuals, the AR team will work to develop a clinic model for intake of individual cases.

Employment Discrimination : EM 3

People with disabilities will have equal employment opportunities and will be free from discrimination. For those that responded to our FY14 survey,( that they had experienced discrimination in the workplace) 51% said that the discrimination was related to hiring or promotion, 45% to termination, and 38% to requests for reasonable accommodations.

The EM team will assist 80 PAIR eligible clients on a one-to-one basis with issues relating to discrimination and other barriers to employment.The team will also provide education and training to consumers, service providers, and other employment-related agencies about the rights of people with disabilities in employment.

Ensure access to services available at the Disability Law Center and referral to service agencies and resources for legal issues not covered under DLC funding/goals- STAT 1 The following assessment needs data is relevant: - 92% of survey respondents reported knowing about the DLC from a friend, family member or another organization. - 68% of survey respondents have visited the DLC website 42% of survey respondents visit the website for information on disability programs. Information about disability related programs is the largest reason reported for what people visit the website. - 34% of survey respondents were referred by a partner/another agency - 25% of the survey respondents reported having a learning disability - 79% of survey respondents reported themselves or a family member facing mental illness - 42% of the survey respondents reported having trouble with physical access to a public place. Architectural barrier were the largest reported - (75%) barrier faced by people with disabilities.

The DLC will offer assistance to 500 PAIR eligible individuals living in Utah contacting the Disability Law Center for answers to legal concerns and service questions.

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 Federal Funds received: 171,598 Federal Funds expended: 171,598 State Funds Received & expended: 0 All other funds received: 59,868 All other funds expended: 59,868 Total funds received: 231,466 Total funds expended: 231,466 B. Budget for the fiscal year covered by this report Wages & Salaries: 167,970 (2014 actual); 100,203 (2015 budget) Fringe Benefits: 37,020 (2014 actual); 24,109 (2015 budget) Materials/Supplies: 3,273 (2014 actual); 3,854 (2015 budget) Postage: 593 (2014 actual); 475 (2015 budget) Telephone: 1,743 (2014 actual); 1,429 (2015 budget) Rent: 7,133 (2014 actual); 4,010 (2015 budget) Travel: 2,266 (2014 actual); 4,022 (2015 budget) Copying: 1,322 (2014 actual); 1,685 (2015 budget) Bonding/Insurance: 781 (2014 actual); 527 (2015 budget) Equipment Rental/Purchase: 652 (2013 actual); 180 (2015 budget) Legal Services: 1,828 (2014 actual); 815 (2015 budget) Indirect Cost: 0 Miscellaneous: 6,885 (2014 actual); 3,975 (2015 budget) Total: 231,466 (2014 actual); 145,284 (2015 budget)

C. Dan Anderson-Director of Finance: Responsible for creating and maintaining financial records and protecting the financial integrity of the organization and personnel management. He oversees the DLC budget, financial statements, payroll, and other financial related duties. He also manages and coordinates all human resource functions for the DLC. Dan has worked for the DLC for ten years. Lindsay Boerens-Advocate: Has worked as the Employment Team Leader to help people with disabilities remove barriers to employment. The Employment Team addresses issues on behalf of clients of Vocational Rehabilitation, Social Security beneficiaries, and people with disabilities who face discrimination in the workplace. She also has extensive experience working on the DLC’s Abuse & Neglect Team, which assists individuals facing serious abuse and neglect issues in institutions, nursing homes, and other residential and non-residential settings. Lindsay has worked at the DLC for 6 and half years. Laura Boswell-Staff Attorney: Is responsible for providing legal advocacy and representation to eligible individuals in selected cases. She provides and coordinates legally based advocacy services to individuals seeking assistance through the Abuse and Neglect and Employment Issue Teams. Laura has worked for the DLC for eight years. Camille Curtis-Issue Team Leader, Abuse and Neglect (AN) Team: The Abuse and Neglect team conducts investigations involving allegations of abuse and neglect against individuals with disabilities, including developmental, physical and mental health needs. The AN Team also monitors State agencies, nursing homes, community living residential programs and ICFID’s to safeguard the rights of people with disabilities. The AN team also assists clients who have been denied assistive technology and/or medically necessary services by Medicaid or insurance. Rob Denton-Senior Attorney: Provides legal representation in complex Medicaid cases. Rob has worked with the DLC for 26 years. LauraLee Gillespie-Staff Attorney: Primary advocate for students in public school systems with disabilities. Working directly with parents to be sure that schools are providing students with appropriate specialized instruction and related services required under IDEIA and occasionally under section 504 of the Rehabilitation Act. LauraLee is the CAP Program legal supervisor. LauraLee has worked for the DLC for five years. Evelyn Owen -Advocate: Serves primarily as the CAP advocate for the State’s Vocational Rehabilitation program; also serves on the Employment team, working on cases in which students are not receiving appropriate special education services. Aaron Kinikini-Legal Director: he provides legally based advocacy services to individuals who face discrimination in core areas—housing, employment, voting and transportation. Aaron supervises all legal work in our agency. Aaron has worked for the DLC for four years. Vard McGuire - Issue Team Leader, Access and Rights (AR) Team: The Access and Rights team helps to ensure people with disabilities have access to accessible, affordable, safe and clean housing; as well as working to eliminate architectural barriers to public buildings, transportation and post secondary education. Bryan Brister-Receptionist: Answers all calls for Community Legal Center (CLC) (Disability Law Center, Legal Aid Society, and Utah Legal Services), checks voicemails for CLC, receive clients, staff and volunteers into the building, stamp and distribute all mail and packages, keeping building roster current, maintain security using video system, unlock front and back doors. Bryan has worked for the DLC for over one year. Ryan Carillo is the morning receptionist . He has been at the DLC for six months. Teo Popa is the DLC’s new Executive Assistant. She works primarely with the Community Relations team , with a focus on our public relations and media. She has been at the DLC for eight months. Carol Murphy-Managing Attorney & Short Term Assistance: Job duties include legal review and case assignment as appropriate for all incoming calls and on-line assistance requests received by the Disability Law Center. Duties also include coordination of legal work with DLC issue teams, and other duties as assigned by the Executive Director. Carol has worked for the DLC for eleven years. Sheri Newton-Community Relations Director: is responsible for directing the DLC’s PAVA program and coordinates rural outreach efforts for the DLC. She has worked for the DLC for thirteen years. Tim Hurty -Support Staff: Proofreads outgoing letters, keeps employee’s information up to date, sends out satisfaction surveys after cases are closed, orders office supplies, opens and closes cases, does payroll, and helps out Attorneys and Advocates when they need the help. Tim has worked the DLC for just over one year. Andrew Riggle-Public Policy Advocate: is responsible for coordinating the DLC’s legislative and policy advocacy initiatives across teams and ensuring that these strategies reflect the values of the DLC. The Public Policy Advocate works with a variety of DLC staff, Utah State Legislature, Utah’s congressional delegation, state agencies, advocacy groups and the broader community to enhance this area of the DLC’s mission. Andrew has worked with the DLC for six years. Chris Serrano-Office Manager: manages the daily operations of our law office. Chris is responsible for Information Technology. He has been with the DLC for over five years. Rebecca Gatrell-STAT Advocate: provides information, referrals, and short-term assistance to individuals seeking assistance from the Disability Law Center. The STAT Advocate reviews requests for assistance received by phone, in writing or in person, to determine compliance with DLC goals, priorities and funding. The position requires individuals to develop broad knowledge in all disability content areas that correspond with all established DLC teams, and develop in-depth expertise that correspond with two or three DLC teams as assigned, in order to provide input and support to the DLC teams. Maree has worked at the DLC for just under one years. Maree Webb-STAT Advocate: provides information, referrals, and short-term assistance to individuals seeking assistance from the Disability Law Center. The STAT Advocate reviews requests for assistance received by phone, in writing or in person, to determine compliance with DLC goals, priorities and funding. The position requires individuals to develop broad knowledge in all disability content areas that correspond with all established DLC teams, and develop in-depth expertise that correspond with two or three DLC teams as assigned, in order to provide input and support to the DLC teams. Maree has worked at the DLC for ten years. Sean Umipig is the DLC’s new paralegal. He has worked at the DLC for almost a year. Adina Zahradnikova-Chief Executive Officer: Executive Officer of the Disability Law Center and assumed responsibility for the statewide operation of the agency. Responsibilities are both managerial and representational and include program planning, strategic budgeting, evaluation and reporting, financial planning and monitoring, organizational development and human resources, legislative advocacy, fundraising, public affairs, and public relations. Adina has worked for the DLC for thirteen years.

D. Involvement with advisory boards: DLC PAIR staff serves on a Salt Lake City Mayor’s Committee on Accessibility. The committee works to pass an ordinance addressing the need for accessible single family homes, Duplexes and Triplexes in Salt Lake City and County while also promoting the incorporation of the principles of complete streets, walk-able communities, and universal design in land-use and building codes. There are 230,000 people with disabilities living along the Wasatch Front Corridor who will enjoy a more accessible community and appreciate an increase in accessible housing choices. DLC PAIR staff is an active member of the Wasatch Choice for 2040 Consortium. Wasatch Choice for 2040 is a long-range urban development plan for the counties along the Wasatch Front: Utah, Salt Lake, Davis and Weber. The Consortium has designated six demonstration sites and is working to set examples of sustainable, accessible and affordable housing at these sites. The DLC Pair staff is actively involved with this important planning process. DLC PAIR staff is an active member of the Wasatch Regional Coordination Council for Community Transportation, RCC. DLC PAIR staff has been elected as chair of the Marketing Committee. The goal of the RCC is to Manage Mobility of the transportation dependent in a five county region including: Davis, Morgan, Salt Lake, Tooele, and Weber DLC PAIR staff is an active member of the Utah Parent Center Board of Trustees. The Utah Parent Center Board addresses coordination of resources for training, outreach and presentations to parents of students with disabilities attending public school in Utah. By participating on the board the DLC and the Utah Parent Center have increased their understanding of each agency’s role and have collaborated on projects. The Utah Parent Center work in collaboration with the DLC positively affects 65,000 students with disabilities.

E. One PAIR grievance

F.The DLC is the CAP Agency for Utah. We coordinate our programs through internal planning, needs assessment and public comment activities and by cooperating on specific projects as reflected in the annual objectives and priorities. PAIR funds are maximizing our efforts in several goals by allowing to serve clients otherwise ineligible for services.

Certification

Signed?Yes
Signed ByAdina Zahradnikova
TitleAuthorized Certifying Official
Signed Date12/19/2014