P&As have the legal authority to:
- Investigate suspected abuse or neglect and seek justice for victims and their families.
- Have access to records and facilities necessary to investigate abuse or neglect or to monitor the treatment and safety of residents.
- Pursue litigation and all other appropriate remedies under federal, state, and local law.
- Provide information and referrals regarding entitlements to services and other legal rights.
- Educate policymakers on needed reforms to disability-related laws and services.
The names of these organizations vary from state to state: In Michigan, the designated agency is Disability Rights Michigan. In Ohio, Disability Rights Ohio is the State's P&A agency. In Illinois it is "Equip for Equality" . The National Disability Rights Network represents P&A systems nation-wide.
The P&A systems often advocate for people with disabilities beyond developmental disabilities. In Michigan, according to the Website, "Disability Rights Michigan (DRM) is the federally mandated protection and advocacy system for Michigan, which receives part of its funding from the HHS-Administration for Community Living, DOE-Rehabilitation Services Administration, HHS-Substance Abuse & Mental Health Services Administration – Center for MH services, Social Security Administration, and the State of Michigan".
The hearings held by the Ohio Joint Commission were mainly focused on people with Intellectual and Developmental Disabilities, many of whom live in Intermediate Care Facilities for people with IDD. P&A organizations have been at the forefront of trying to close or drastically downsize these facilities for decades, despite the fact that these are highly regulated facilities, sanctioned and funded by Medicaid. Attempts to close them down have been met with fierce opposition from the people benefiting from these services and their families.They provide treatment and residential services to people with severe and profound disabilities.
There was also testimony supporting facility-based employment for people who could not otherwise compete for jobs in integrated employment. P&A along with many other advocacy organizations are attempting to close down these programs, despite support for them from people with IDD and their families who benefit from them.
Testimony was also heard from supporters of DRO. Many described abusive conditions that they had endured in residential facilities, but mostly these were nursing homes or psychiatric facilities that are not specialized for people with IDD.
This is from the VOR Weekly Update for April 14, 2023:
Ohio - Joint Commission Recommends Redesignating State's Protection and Advocacy Agency
On April 11, 2023, Ohio's Joint Commission to Examine the State Protection and Advocacy System and Client Assistance Program recommended to the Governor that the state "redesignate" its P&A, having found Disability Rights Ohio for "intentionally not protecting and advocating for all individuals with disabilities."
The report came in response to hearings on Nov. 1 and Nov. 15, 2023 in which families testified about their dissatisfaction with the DRO's actions and biases against people in ICFs and sheltered workshops.
Excerpted from the report:
"[T]estimony given by parents, guardians, and family members expressed concerns over DRO’s administration of its service system. Specifically, the testimony described DRO’s excessive litigation against the State to which families objected. It also described DRO’s efforts to promote transfers of residents out of ICFs, sheltered workshops, and facility-based day programs into community settings without regard to individual choice and parental rights. 4 Those efforts included DRO staff meeting privately with ICF residents without their guardians or parents present to encourage them to leave their ICF placement.
"Furthermore, the testimony indicated unilateral actions taken by DRO to target ICF settings, day programs, and workshops, without seeking cooperation from families and ignoring families’ advocacy to preserve these settings. Witnesses stated DRO’s actions run counter to health and safety needs and disregard the informed decision-making of families. Moreover, witnesses emphasized the importance of the specialized services and expertise offered in ICFs to support individuals with complex physical, medical and/or behavioral needs.
"The witnesses also touched on the issue of aging caregivers, and the importance that families have access to intermediate care facilities to appropriately address the needs of their loved ones when they are no longer able to provide that care. In addition, witnesses stated that it is vital for policymakers to underscore and promote a multi-dimensional strategy, which includes access to ICFs, sheltered workshops, facility-based day programs, and community-based residential and work settings. However, witnesses stressed that DRO takes a one-size-fits-all approach preferring community settings to the detriment of other options. In its adherence to this approach, families are concerned that DRO acts adversely to their disabled family members’ interests who require higher levels of specialized care."
Download the report here
The hearings may be viewed here:
November 1 Hearing: https://ohiochannel.org/video/ohio-joint-committee-to-examine-the-protection-and-advocacy-system-11-1-2022
November 15th Hearing: https://www.ohiochannel.org/video/ohio-joint-committee-to-examine-the-protection-and-advocacy-system-11-15-2022
Ohio has a provision in its state code that calls for hearings before the state legislature every two years allowing families to testify about the state's Protection and Advocacy agency.
This section of the State Code may be found at https://codes.ohio.gov/ohio-revised-code/section-5123.603
We hope that other states will follow Ohio's lead and add such provisions to their own state codes.
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More information on DD Act Programs from The DD News Blog: DD Act programs, "for better and for worse"
