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

Indiana (INDIANA P and A SERVICES) - H240A170015 - FY2017

General Information

Designated Agency Identification

NameIndiana Protection and Advocacy Services
Address4701 N. Keystone Ave.
Address Line 2Suite 222
CityIndianapolis
StateIndiana
Zip Code46205
E-mail AddressExecutiveDirector@indianadisabilityrights.org
Website Addresshttp://www.in.gov/idr
Phone317-722-5555
TTY 317-722-5563
Toll-free Phone800-622-4845
Toll-free TTY800-838-1131
Fax317-722-5564
Name of P&A Executive DirectorDawn Adams
Name of PAIR Director/CoordinatorDawn Adams
Person to contact regarding reportDawn Adams
Contact Person phone317-722-5555
Ext.455

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 areas287
2. Individuals receiving I&R outside PAIR priority areas928
3. Total individuals receiving I&R (lines A1 + A2)1,215

B. Training Activities

1. Number of trainings presented by PAIR staff0
2. Number of individuals who attended training (approximate)0

N/A

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff4
2. Newspaper/magazine/journal articles4
3. PSAs/videos aired7
4. Hits on the PAIR/P&A website19,425
5. Publications/booklets/brochures disseminated1,000
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)19
2. Additional individuals served during the year16
3. Total individuals served (lines A1 + A2)35
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)0

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 5

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility7
2. Employment5
3. Program access0
4. Housing7
5. Government benefits/services0
6. Transportation3
7. Education4
8. Assistive technology0
9. Voting0
10. Health care0
11. Insurance0
12. Non-government services0
13. Privacy rights0
14. Access to records0
15. Abuse2
16. Neglect1
17. Other6

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor17
2. Other representation found1
3. Individual withdrew complaint6
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case3
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit0
9. Other3

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-advocacy1
2. Short-term assistance14
3. Investigation/monitoring1
4. Negotiation4
5. Mediation/alternative dispute resolution3
6. Administrative hearings0
7. Litigation (including class actions)7
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 224
3. 23 - 5916
4. 60 - 642
5. 65 and over13

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females22
2. Males13

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race1
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American5
5. Native Hawaiian or Other Pacific Islander0
6. White28
7. Two or more races0
8. Race/ethnicity unknown2

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent25
2. Parental or other family home3
3. Community residential home0
4. Foster care0
5. Nursing home4
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center2
9. Homeless0
10. Other living arrangements0
11. Living arrangements not known1

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment3
2. Deaf/hard of hearing5
3. Deaf-blind0
4. Orthopedic impairment16
5. Mental illness0
6. Substance abuse0
7. Mental retardation1
8. Learning disability0
9. Neurological impairment2
10. Respiratory impairment1
11. Heart/other circulatory impairment4
12. Muscular/skeletal impairment2
13. Speech impairment1
14. AIDS/HIV0
15. Traumatic brain injury0
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 activities0

2. Number of individuals potentially impacted by policy changes0

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

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts100
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.

1 - IDR represented four individuals with various disabilities in a federal lawsuit alleging disability discrimination in violation of the federal Fair Housing Act. These four individuals resided in a three-story residential apartment building designated for those 62 years of age or older. The building was serviced by one elevator. That elevator stopped working and remained out of service, continuously, for approximately five and a half weeks. The four individuals represented by IDR lived on the third floor and, due to their disabilities, had difficulties traversing two stories of stairs during this period. The tenants of the building, not limited to IDR’s four clients, made numerous requests for the building management to provide reasonable accommodations mandated by the Fair Housing Act for themselves and other residents. Numerous requests were also made for the elevator to be promptly repaired. Despite repeated requests for assistance and information, building management did not engage in an interactive dialogue regarding the requests for reasonable accommodations. IDR successfully defended a Motion to Dismiss filed by the Defendants. Thereafter, the parties agreed to a settlement, which was executed in February 2017. The Defendants also agreed to arrange for all employees by trained on the requirements of the Fair Housing Act as well as on disability awareness and to create and post a reasonable accommodation and modification policy. The policy changes should benefit all current and future residents requiring accommodations or modifications due to their disability. 2 - IDR represented an individual with a physical disability in a federal lawsuit alleging disability discrimination in violation of the federal Fair Housing Act. This individual and her family applied to rent a unit at an apartment complex. The application was denied in a letter stating that they must reject the application since the complex is not “handicap accessible” and that it would be a liability to offer a unit not accommodating to everyone in her household. The individual did not make any requests for her unit or the complex to be more accessible than it was. IDR progressed through litigation and filed a motion for summary judgment. Following that filing, the parties agreed to a settlement, which was executed in fall 2017.

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.

GOAL 1: PREVENTING, FINDING, AND STOPPING ABUSE AND NEGLECT OF PERSONS WITH DISABILITIES. PRIORITIES TO ADDRESS: 1. Investigate and eliminate staff abuse in facilities or by a service provider. 2. Reduce and eliminate staff and medical neglect in facilities or by a service provider. 3. Stop the inappropriate use of restraint and seclusion in facilities or by a service provider. 4. Ensure appropriate mental health treatment of facility residents. 5. Identify and stop the financial exploitation of individuals with disabilities. GOAL 2: BREAKING DOWN BARRIERS AND ENSURING SUPPORTS ARE AVAILABLE FOR PERSONS WITH DISABILITIES TO ENSURE EQUALITY AND INCLUSION IN SOCIETY. PRIORITIES TO ADDRESS: 1. Ensure access to a free appropriate public education in both a safe and least restrictive environment. 2. Encourage community integration of persons with disabilities into inclusive, livable, supportive communities. 3. Support integrated, community-based, and competitive employment of persons with disabilities. 4. Ensure persons with disabilities, from youth through adulthood, are treated appropriately in justice settings. 5. Address rights issues in regards to accessibility including, but not limited to: physical access, web and technology access, transportation, voting, and conditional rights. GOAL 3: EMPOWERING PERSONS WITH DISABILITIES BY SERVING AS A PARTNER IN RIGHTS ISSUES, PROVIDING RESOURCES FOR SELF-ADVOCACY AND BY BRINGING AWARENESS TO SOCIETY TO ELIMINATE DISCRIMINATION. PRIORITIES TO ADDRESS: 1. Educate legislators regarding the impact of policies on people with disabilities. 2. Promote the self-advocacy movement in Indiana. 3. Promote supported decision making as an alternative to guardianship. 4. Meaningfully engage with community partners on issues impacting people with disabilities. 5. Support the development and dissemination of accessible publications and electronic resources.

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.

GOAL 1: PREVENTING, FINDING, AND STOPPING ABUSE AND NEGLECT OF PERSONS WITH DISABILITIES. PRIORITIES TO ADDRESS: 1. Investigate suspected abuse and neglect in facilities or by a service provider. 2. Examine systemic issues regarding the licensing and oversight of facilities by other state agencies. 3. Use monitoring authority to ensure appropriate treatment of residents in mental health facilities. 4. Identify and research systemic issues regarding facilities that provide residential treatment to children. GOAL 2: BREAKING DOWN BARRIERS AND ENSURING SUPPORTS ARE AVAILABLE FOR PERSONS WITH DISABILITIES TO ENSURE EQUALITY AND INCLUSION IN SOCIETY. PRIORITIES TO ADDRESS: 1. Provide individual legal advocacy to ensure the protection of rights for individuals with disabilities to accomplish the following: - Ensure access to a free appropriate public education in both a safe and least restrictive environment. - Support integrated, community-based, and competitive employment of persons with disabilities. - Address rights issues in regards to accessibility including, but not limited to: physical access, web and technology access, transportation, voting, and conditional rights. - Encourage community integration of persons with disabilities into inclusive, livable, supportive communities. - Ensure persons with disabilities, from youth through adulthood, are treated appropriately in justice settings. 2. Work collaboratively with other groups to improve the accessibility of events throughout Indiana. 3. Continue to address voting rights and accessibility in registration and at the polls. 4. Develop cultural and linguistic competency best practices and share resources with other organizations to increase awareness of disability issues. 5. Research the use of Video Remote Interpreting in healthcare settings with the goal of developing Best Practices for Indiana healthcare providers. GOAL 3: EMPOWERING PERSONS WITH DISABILITIES BY SERVING AS A PARTNER IN RIGHTS ISSUES, PROVIDING RESOURCES FOR SELF-ADVOCACY AND BY BRINGING AWARENESS TO SOCIETY TO ELIMINATE DISCRIMINATION. PRIORITIES TO ADDRESS: 1. Promote the self-advocacy movement in Indiana through strategic collaboration and inclusion of self-advocates when opportunities arise. 2. Educate legislators regarding the impact of policies on people with disabilities. 3. Develop a coalition of disability leaders to improve collaborative opportunities between organizations. 4. Build a database of resources to enhance information and referral services. 5. Development of a public policy agenda by the IPAS Commission.

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. Source of Funding Amount Received Amount Spent Federal (section 509) 301,374.00 135,591.72 State Program income 57,417.00 57,417.00 Private All other funds (2016 Carryover) 59,429.19 59,429.19 Total (from all sources) 418,220.19 252,437.91 B. Category Prior Fiscal Year Current Fiscal Year FY16 FY17 FY18 Wages/salaries 146,293.31 197,000.00 49557.33 83536.98 13199 Fringe benefits (FICA, unemployment, etc.) 70,984.13 101,000.00 23204.52 41700.69 6078.92 Materials/supplies 752.00 2,500.00 Postage 275.00 1,100.00 115 160 Telephone 1,592.70 2,500.00 467.89 1124.81 Telecommunications Rent 12,431.48 16,500.00 3088.07 9042.66 300.75 Travel $3,254 8,500.00 951.72 2301.97 Copying & Printing 250.00 1,000.00 45.75 175 29.25 Bonding/insurance 757.59 1,200.00 2.29 755.3 Equipment (rental/purchase 0.00 0.00 Legal services 0.00 0.00 Miscellaneous $15,848 31,000.00 Total Budget 252,437.91 362,300.00 C. Staff work in subject matter teams rather than by funding source. Duties include providing advocacy and serving as attorneys when that level is necessary. 6 full-time attorneys and 10 full-time advocates were employed throughout the year. D. We participate in the UCEDDS advisory board which meets twice a year. E. There were 3 grievances filed under the agency grievance procedure. F. The P&A serves as the CAP for Indiana. The P&A provides referrals to the State long-term care program and keeps in regular contact with the ombudsman.

Certification

Signed?Yes
Signed ByDawn M. Adams
TitleExecutive Director
Signed Date12/18/2017