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GOALS

2003 - 2004

(for Goals from previous years, click 2002-2003)

The Advocacy Center for Persons with Disabilities

Approved by the Board of Directors, August 7, 2003

 

Mission Statement

The mission of the Advocacy Center for Persons with Disabilities, Inc., is to advance the dignity, equality, self-determination, and expressed choices of individuals with disabilities. The Center promotes, expands, protects and seeks to ensure the human and legal rights of individuals through the provision of information and advocacy. The Center will carry out this mission in partnership with individuals with disabilities.

Service may be delivered through a variety of means including case investigation, negotiation or mediation on the individual's behalf, and administrative and legislative advocacy. When determined to be appropriate by the Executive Director, individuals may also receive legal services, including advice, counseling, and individual case representation. A decision to provide class representation may be provided only with the consent of the Board of Directors. However, prior to the use of litigation as a strategy, the Center will seek first to use alternative means of dispute resolution.

The Board of Director's adopted Goals will constitute the primary factor in deciding whether or not to provide more than information and referral; however, other elements may also be considered.  These elements include: (a) the relative likelihood of success; (b) the urgency of a particular matter and likely consequences for the individual; (c) the resources required to provide high quality representation, balanced with the resources available to the Center; (d) the availability of alternative advocacy resources in the community, including the capacity of the individual for self-advocacy; and (e) the impact that resolution of a particular matter will have upon the eligible community.

This statement of goals will provide guidance in the acceptance of cases and the allocation of Center resources. This statement, however, should not be regarded as inflexible. Each individual's case must be evaluated based upon its own unique circumstances. New issues affecting the lives of individuals with disabilities often arise and must be evaluated in the context of existing priorities. The goals include flexibility to respond to consumers and consumer organizations throughout the fiscal year, based upon need and availability of program resources.

The Goals for the Advocacy Center for 2003-2004 are organized into the following focus areas, which are not listed in order of priority:

  1. Access to Publicly-Funded Services and Community Supports
  2. Conditions in Institutional Facilities
  3. Education
  4. Employment
  5. Self-Determination
  6. Outreach and Public Education
  7. Information and Referral
Click here to jump to the Glossary of Terms at the end of the document.

 

Focus Area #1: Access to Publicly Funded Services and Community Supports

The Help America Vote Protection and Advocacy (HAVPA) Program will focus advocacy on:

1. Ensuring that election officials in the State of Florida comply with provisions of the Help America Vote Act related to providing access to voting for persons with disabilities.

The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing the number of individuals who successfully return to work by studying and documenting the need for a Medicaid buy-in for Social Security beneficiaries wishing to return to work without losing medical benefits.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing access to quality healthcare, dental care, transportation, assistive technology, and other essential home and community-based services and supports provided through Florida's Medicaid, Children's Medical Services (CMS), Early, Periodic, Screening, Diagnosis and Treatment (EPSDT), and various waiver programs such as the Developmental Services Home and Community-Based Services (HCBS) waiver and the Supported Living waiver.

2. Increasing funding for home and community-based services to meet the needs of all people with developmental disabilities, including newly identified individuals and those who will be exiting the school system.

3. Improving the State of Florida's quality assurance programs and health and safety protection programs as they relate to individuals with developmental disabilities and their rights to be free from abuse and neglect. 

4. Improving the quality of services to individuals with developmental disabilities by monitoring community residential settings, including ensuring that community placements are appropriate for the residents leaving congregate facilities such as the Landmark Developmental Services Institution (DSI).

5. Monitoring the implementation of recommendations from the Agency for Health Care Administration's Report on the use of psychotherapeutic medications by persons with developmental disabilities and working to improve the care and services for individuals with developmental disabilities dually diagnosed with mental illness or in need of mental health services. This will be done in collaboration with PAIMI.

6. Participating in cross-programmatic systemic activities to promote the availability of safe, affordable, and accessible housing for individuals with disabilities. This is will be done in conjunction with PAIMI and PAIR.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

 1. Investigating and responding to reports alleging that abuse or neglect has occurred and / or regarding conditions that could lead to abuse and neglect. This includes investigating and responding to reports alleging medication denials, allegations of over-medication, or otherwise inappropriate medication practices, and encouraging the development of adequate protocols and compliance with existing requirements.  It also includes failure to make appropriate medical assessments.

2. Investigating and responding to reports alleging that access to appropriate treatment and supports has been denied, or curtailed.

3. Investigating and responding to reports alleging that the civil, legal, or human rights of persons with mental illnesses have been violated.

4. Promoting the equitable distribution and development of statewide appropriate community-based treatment and/or support services through the pursuit of Medicaid Reform and other systemic and legislative advocacy efforts (e.g., enhanced Medicaid coverage for mental health & substance abuse treatment; promoting requirement of a Behavioral Screen through EPSDT; adequate funding of Indigent Drug Program; promotion of open drug formularies).

5. Supporting the attendance of public mental health professionals otherwise unable to attend, at conferences and workshops to promote the adoption of best practices and encourage stronger, more respectful alliances with individuals served.

6. Taking the lead on behalf of the Advocacy Center, participating in cross-programmatic systemic activities to promote the availability of safe, affordable, and accessible housing for individuals with disabilities. This is will be done in conjunction with PADD and PAIR.

The Client Assistance Program (CAP) will focus advocacy on:

1. Reforming the due process system regarding inequities through individual and systemic case advocacy in the Division of Administrative Hearings and Vocational Rehabilitation Services (VRS) administrative due process procedures.

2. Monitoring implementation of Department of Vocational Rehabilitation (DVR) 5-year strategic plan to improve consumer services.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1. Increasing access to services through the enforcement of Title II and Title III Americans with Disabilities Act (ADA) complaints and Medicaid issues.

2. Taking the lead on behalf of the Advocacy Center, to work in conjunction with partners in developing a strategy to improve access to the Aged and Adult Disabled Waiver. This may be conducted in conjunction with PAIMI, TAP and PADD.

3. Improving access to transportation-disadvantaged programs and other transportation systems.

The Technology Assistance Program (TAP) will focus advocacy on:

1. Increasing access to Medicaid funded assistive technology, training, and support services by focusing on children's' entitlements, including but not limited to EPSDT.

2. Increasing the number of individuals with developmental disabilities receiving appropriate assistive technology (AT), AT devices, and support services that need it under the HCBS Waiver.

The Protection and Advocacy for Individuals with Traumatic Brain Injuries (PATBI) Program will focus advocacy on:

1. Assessing needs and service delivery to help set the Center's priorities for future years. 

2. Improving access to the Traumatic Brain and Spinal Cord Injury Medicaid Waiver Program for Home and Community Based Health Care Services.

3. Assessing the adequacy of Traumatic Brain and Spinal Cord Injury Medicaid Waiver Program for Home and Community Based Health Care Services, and advocating actively for any needed improvement.   

Focus Area #2: Conditions in Institutional Facilities

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Improving healthcare, services and supports to individuals with developmental disabilities residing in intermediate care facilities and other institutional settings.

2. Improving the State of Florida's quality assurance programs and health and safety protection programs as they relate to individuals with developmental disabilities and their rights to be free from abuse and neglect.

3. Increasing the availability of discharge planning and home and community-based supports to residents of publicly and privately operated institutional settings.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1.Investigating and responding to reports alleging that abuse or neglect has occurred and / or regarding conditions that could lead to abuse and neglect. This includes investigating and responding to reports alleging medication denials, allegations of over-medication, or otherwise inappropriate medication practices, and encouraging the development of adequate protocols and compliance with existing requirements.  It also includes failure to make appropriate medical assessments

2.Investigating and responding to reports alleging that access to appropriate treatment and supports has been denied, or curtailed.

3. Investigating and responding to reports alleging that the civil, legal, or human rights of persons with mental illnesses have been violated.

4. Identifying and monitoring the appropriateness of Florida-specific practices related to the use of seclusion and restraint.

5. Increasing collaboration with appropriate state and local entities responsible for adult and child protective investigative systems, and the facilitation of appropriate referrals to the Department of Children and Families (DCF), or the Local Advocacy Councils (LACs). We will seek clarification regarding protections afforded to individuals with dual diagnoses (mental illness/substance abuse) residing in substance abuse treatment facilities.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1.  Taking the lead on behalf of the Advocacy Center, to work in conjunction with partners in developing a strategy to improve access to Aged and Adult Disabled Waiver.  This may be done in conjunction with PAIMI, TAP and PADD.

The Protection and Advocacy for Individuals with Traumatic Brain Injuries (PATBI) Program will focus advocacy on:

1. Gathering basic statistical data on the numbers of individuals with Traumatic Brain Injuries living in institutional facilities, such as nursing homes, assisted living facilities, psychiatric and correctional institutions, and will study the adequacy and appropriateness of services and placements.  The information will help to set the Center's priorities for future years.

Focus Area #3: Education

Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Promoting the availability of benefits planning services and vocational rehabilitation services for Social Security beneficiaries as part of transition planning and services to support desired post-school outcomes and opportunities.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing access to and participation in quality instruction, general curriculum (Sunshine State Standards), and/or integrated environments in public preK-12 education.

2. Increasing and improving access to public preK-12 extended school year (ESY) services.

3. Increasing and improving transition planning and services provided by public schools to support desired post school outcomes and opportunities.

4. Increasing and improving access to communication-related services and/or assistive technology devices and services provided to public preK-12 students.

5. Increasing and improving access to the positive behavior support process including person-centered planning, team collaboration, and functional behavioral assessment for public K-12 students in inclusive settings as well as in more segregated settings.

6. Promoting greater inclusion of public K-12 students in statewide accountability and assessment programs including the FCAT, the A + Program, and the No Child Left Behind accountability system;  promoting increased access to accommodations during assessments such as the FCAT; promoting the development of alternate assessments leading to a standard diploma; and advocating for the removal of barriers to post-school opportunities in education and employment.

7. Increasing and improving student and parent access to meaningful dispute resolution forums including Florida's complaint resolution, mediation, and due process systems, particularly with regard to the substantive issues listed above.

The Client Assistance Program (CAP) will focus advocacy on:

1. Ensuring that every high school child with a disability in the 12th grade is provided with a completed application for referral to DVR and Division of Blind Services before graduation.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1. Improving quality of educational services and supports to students under Individuals with Disabilities Education Act (IDEA), Section 504 plans (reasonable accommodations for students), including students' rights to transition planning and services.

2. Ensuring the right to be accommodated under IDEA, Section 504 and other applicable federal/state laws in high stakes testing.

The Technology Assistance Program (TAP) will focus advocacy on:

1. Increasing access to information technology/assistive technology, training and support services in high stakes testing.

The Protection and Advocacy for Individuals with Traumatic Brain Injuries (PATBI) Program will focus advocacy on:

1. Increasing access to transition services.

2. Assuring that rights under IDEA and Section 504 are protected for children and adolescents with Traumatic Brain Injuries.

3. Reporting on the provision of educational supports and services to children and adolescents with Traumatic Brain Injuries.

Focus Area #4: Employment

The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing the quality and effectiveness of services to Social Security beneficiaries under the Ticket to Work program by monitoring and assessing the effectiveness of Ticket program management, and the service delivery performance by Employment Networks (including the Division of Vocational Rehabilitation and the Division of Blind Services).

2. Increasing the number of Social Security eligible individuals being served by the Employment Networks (including the Division of Vocational Rehabilitation and the Division of Blind Services) under the Ticket to Work program and related work incentives.

3. Increasing the number of Social Security beneficiaries with Mental Illnesses, Traumatic Brain Injuries and persons living with HIV/AIDS served.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing and improving access to employment opportunities, including supportive employment under the HCBS Waiver.  This will be done in collaboration with TAP, CAP, and PABSS programs.

2. Replacing Florida's reliance on segregated adult day programs with opportunities for individuals to pursue integrated work and/or educational activities.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Increasing employment opportunities for individuals with psychiatric disabilities.

This will be done in collaboration with the TAP, CAP and PABSS programs.

2.  Promoting and supporting the activities of the PABSS and CAP programs regarding the Ticket to Work program, Medicaid Buy-In, and other related work incentives.

The Client Assistance Program (CAP) will focus advocacy on:

1. Increasing employment opportunities with available options for telecommuting, home-based businesses, job banks, on the job training, part-time employment, and state trainingships.  (This will be done in collaboration with PAIMI, PAIR, PADD, PATBI and TAP.)

2. Increasing access to assistive technology at the workplace. (This will be done in collaboration with TAP.)

The Technology Assistance Program (TAP) will focus advocacy on:

1. Increasing access to assistive technology, training and support services to prepare and/or engage in employment.

The Protection and Advocacy for Individuals with Traumatic Brain Injuries (PATBI) Program will focus advocacy on:

1.Promoting (in conjunction with PABSS) collaboration with Benefits Planning, Assistance and Outreach (BPAO) organizations under the Ticket to Work legislation, to secure benefits planning services for Social Security recipients with Traumatic Brain Injuries.

2. Increasing the availability of vocational services for persons with Traumatic Brain Injuries provided by the Division of Vocational Rehabilitation and the Division of Blind Services, as well as the Employment Networks under the Ticket to Work.

3. Promoting the creation of a Medicaid buy-in in Florida. This will be done in collaboration with PAIMI, PABSS and CAP.

Focus Area #5: Self-Determination

The Help America Vote Protection and Advocacy (HAVPA) Program will focus advocacy on:

1.  Promoting collaboration with interested organizations to inform persons with disabilities of their rights under the Help America Vote Act and to encourage persons with disabilities to register and to vote.

The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing collaborative efforts to ensure that Florida's Benefits Planning, Assistance and Outreach (BPAO) organizations fully inform potential clients of the individual's options and rights to enable the individual to be empowered to make informed choices and decisions.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing collaboration with advocates seeking to expand the availability of person centered planning and alternatives to guardianship. 

2. Supporting expanded awareness of and respect for the principles of self-determination.

3. Advocating that guardians and guardian advocates learn about and advance the rights of individuals, including rights of self-determination and community integration.

4. Monitoring Florida's implementation of the recommendations of the Florida Supreme Court Fairness Commission's Monitoring Guardianship Report and the Governor's Joint Work Group on Guardianship and Persons with Developmental Disabilities for adherence to those principals. 

5. Advocating for expansions to Florida's consumer directed care, supported living, and supported employment programs.

6. Supporting the attendance of individuals with developmental disabilities and their families at conferences and workshops to promote self-advocacy.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Supporting the attendance of individuals with mental illnesses and their families at conferences and workshops to promote self-advocacy.

2. Assessing the success of the Self Directed Care pilot project (DCF District 4), to determine the effect on client care and satisfaction and potential for replication in other parts of the state.

3. Promoting the development, use, and enforcement of Psychiatric Advance Directives, and Safety Forms.

4. Promoting the development of a stronger self-advocacy contingent of adults with psychiatric illnesses.

5. Educating legislators and policymakers about Involuntary Outpatient Commitment, and promoting dialogue on this issue among stakeholders.

The Protection and Advocacy for Individuals with Traumatic Brain Injuries (PATBI) Program will focus advocacy on:

1. Promoting self-determination in the area of employment, and employment related services and supports.  PATBI, through collaboration with PABSS and regional BPAOs will secure benefits planning services for individuals with Traumatic Brain Injuries, in order that the individuals may be fully informed of their options and are empowered to make informed choices and decisions about employment.    

Focus Area #6: Outreach and Public Education

Each Program will focus on:

1. Increasing the number of individuals served by the Advocacy Center from under-served or unserved populations through outreach activities about the Advocacy Center's programs, services, and legal authority.

2. Increasing policy-maker awareness of the impact of their decisions on the lives of individuals with disabilities.  PAIMI will place special emphasis on educating Legislators, Judges, and members of the Florida Bar about mental illnesses and the special needs of individuals who have them.

Focus Area #7: Information and Referral

Each Program will focus on:

Developing packets of information and fact sheets to provide information and referral for self-advocacy regarding disability issues that do not become cases.

 

GLOSSARY OF TERMS

Assistive Technology: Refers to products used by people with disabilities which enables them to accomplish daily living tasks, communicate, work, or recreate, allowing them greater independence and enhancing the quality of their lives.

Benefits Planning, Assistance and Outreach: The law directs the Social Security Administration to establish a community based work incentives planning and assistance program to disseminate accurate information about work incentives and provide work incentives planning and assistance to SSA's beneficiaries with disabilities.  There are eight BPAO projects in Florida covering different parts of the state.

Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Program: EPSDT is designed to improve primary health benefits for children with emphasis on preventive care. After a Medicaid review in 1989, Congress moved to increase the services of EPSDT through the Omnibus Budget Reconciliation Act. States must now cover regular and periodic exams for all eligible children under the age of 21. They must also provide any medically necessary services prescribed by the exams, even those not covered in a state's Medicaid plan.

Employment Networks: The certified service providers under the Ticket to Work are known as Employment Networks.  Employment Networks can be public or private agencies.  In Florida, there are approximately sixty Employment Networks, including the state Division of Vocational Rehabilitation and the Division of Blind Services.

Extended School Year (ESY) Services: Instructional programs provided beyond the regular school year for students with disabilities. ESY services must be individualized to the unique needs of each student (not "one size fits all"), inclusive of instructional and related services (therapies, transportation, transition services, etc.), and provided in the least restrictive environment.

Help America Vote Protection and Advocacy (HAVPA) Program: This is the current working acronym for the newest P&A program created under the Help America Vote Act (HAVA). Approved by the 2003 United States Congress.

Home and Community-Based Services (HCBS) Waiver: The Developmental Services waiver is a Medicaid program that provides home and community-based supports and services to eligible persons with developmental disabilities living at home or in a home-like setting, as an alternative to living in an Intermediate Care Facility for the Developmentally Disabled.

Individuals with Disabilities Education Act (IDEA): Legislation approved in 1975 by the Federal Government, mandating that children with special education needs have access to the same public school education that other students take for granted.

Local Advocacy Councils (LAC): First called Human Rights Advocacy Committee, it was changed to Florida Advocacy Council in 2000. Members are independent volunteers appointed by the Governor. There are Local Advocacy Councils throughout the state of Florida, each having from 7 to 15 members from every walk of life.

Ticket To Work Program: Ticket to Work is the centerpiece of an array of work incentives for Social Security beneficiaries, authorized by Congress in 1999.  The program provides a "Ticket" to disabled Social Security beneficiaries to take to a certified provider of their choice as a voucher for rehabilitation and employment services.  The Ticket to Work program is voluntary.  The beneficiary is not required to use their Ticket, nor are the certified providers required to accept it.