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Proposed Priorities FY 2009

Indiana Protection and Advocacy Services Commission is seeking comments from individuals with disabilities and their families about proposed objectives for the upcoming fiscal year beginning October 1, 2008.

IPAS will accept your comment by phone, email or submitted in writing. On August 9th the IPAS Commission invites members of the public to offer comments about the proposed objectives during its public meeting. Please contact IPAS to get details about participating in this public meeting. 

Abuse and Neglect

Abuse and Neglect — Freedom from abuse and neglect is a fundamental right. One of the primary purposes of IPAS is to work towards the elimination of abuse and neglect of individuals with disabilities.

The primary role of IPAS is to review allegations of abuse and neglect on behalf of individuals with disabilities to ensure that the allegation is reported to the responsible entities and advocate that necessary actions are taken to protect the health, safety and welfare of individuals with disabilities.

Following are objectives that IPAS staff will work to complete in order to reduce abuse and neglect of individuals with disabilities:

Monitor allegations of abuse and neglect on behalf of individuals residing in Intermediate Care Facilities (ICF-MR), or individuals receiving Medicaid waiver services to ensure that the allegation is reported to the responsible entities and advocate that necessary actions are taken to protect the health, safety and welfare of individuals with disabilities.

Review allegations of abuse and neglect on behalf of children residing in facilities funded by the Division of Children’s Services.

Review allegations of abuse or neglect of individuals residing in Indiana Department of Mental Health and Addictions, residing in Comprehensive Mental Health Centers and persons with a significant mental illness receiving services through the Residential Care Assistance Program (RCAP), commonly referred to as RBAs.

Review allegations of abuse and neglect on behalf of individuals with disabilities (other than developmental disabilities or individuals experiencing mental illness) including individuals with traumatic brain injury to ensure that the allegation is reported to the responsible entities and advocate that necessary actions are taken to protect the health, safety and welfare of individuals with disabilities.

Review allegations of abuse and neglect on behalf of individuals incarcerated in the Indiana Department of Correction prisons, county jails or juvenile detention facilities.

Investigate selected incidents of serious occurrences of individuals residing in facilities a designated as a psychiatric residential treatment facility (PRTF).

Review allegations of inappropriate use of seclusion/restraints.

Review allegations of abuse and neglect allegations in jails (non Department of Correction facilities).

Monitor Reports of Deaths to identify indications of abuse/neglect or patterns of systemic problems.

Review internal investigations concerning the death of an individual that occurred within a mental health treatment facility.

Help America Vote Act. Represent individuals with a significant mental illness to ensure that medication or treatment complaints (other than abuse or neglect) are communicated to and fully addressed by the appropriate entity.

Represent individuals in their appeal of reduced Developmental Disability or Aged and Disabled waiver services when the alleged reduction in services will have a serious and negative impact on the health and safety of the individual, or when the reduction of services places the individual at risk of being placed in a more restrictive setting. 

Equal Access and other rights

Equal Access and Other rights — Individuals with disabilities must have access to programs, services, technology, polling places, buildings and housing.

Following are objectives that IPAS staff will work to complete in order to increase access to individuals with disabilities:

Assist individuals with disabilities in obtaining assistive technology services and devices in the areas of education, health care, employment, community living and in the use of telecommunications.  

Review allegations of discrimination on behalf of individuals who have been denied services under the ADA Title 2 and 3, or Fair Housing.

Assist or represent individuals with disabilities in the grievance procedure set forth in the Indiana Help America Vote Act plan.

Attend the Resident/Human Rights Committee meetings of the facilities operated by the Indiana Department of Mental Health and Addictions.

Special education

Special Education — Due to increased emphasis on school discipline, students with disabilities are at increased risk of termination or reduction of their educational services. Students, parents and advocates need and information and support to enable them effectively to self-advocate. There are also school systems that exhibit ongoing violations of the Individuals with Disabilities Education Improvement Act and Article 7.

Following are objectives that IPAS staff will pursue in order to increase the number of special education students that receive a free and appropriate public education:

Review allegations on behalf of students where the school, due to a proposed or instituted change of educational placement or suspension or expulsion, has or will reduce educational services and advocate for the restoration of services provided in the least restrictive environment.

Review allegations that educational services have been inappropriately reduced on behalf of students detained in juvenile detention facilities.  

Employment

Employment — Historically, individuals with disabilities have experienced a higher rate of unemployment or underemployment, which represents a significant barrier to achieving the level of independence and productivity that many people with disabilities wish to attain.

Following are objectives that IPAS staff will work to complete in order to increase the opportunity for individuals with disabilities to attain full employment:

Investigate complaints on behalf of individuals seeking employment services regarding Vocational Rehabilitation Services and Centers for Independent Living eligibility determination.

Investigate complaints regarding failure of Vocational Rehabilitation Services and Centers for Independent Living in providing choice to individuals seeking services under these programs.

Monitor the quality and completeness of Individual Plan for Employment documents developed by Vocational Rehabilitation Services and Centers for Independent Living as they relate to the individual’s identified vocational services and supports as well as choice(s).

Review selected Vocational Rehabilitation Services policy to assure compliance with the Rehabilitation Act of 1973 As Amended.

Review and investigate complaints of improper or inadequate services provided to a beneficiary by a service provider, employer or other entity involved in the beneficiary’s return to work effort. 

Systems Advocacy

IPAS works to improve policies or practices that do not effectively provide for the health or safety of individuals with disabilities or results in disability based discrimination.

Provide advocacy services for individuals with disabilities that have allegedly been subjected to disability based discrimination where and when it is deemed that the case or situation may have systemic implications.

Advocate for the adoption and implementation of rules by the Department of Education and/or each individual school system concerning the application and staff training regarding minimal standards to guide the use of restraint and/or seclusion in the schools.

Publish a comprehensive report concerning the current practice of the use of restraint and seclusion in Children's Homes and Child Caring Institutions.

Support the creation of a Crisis Intervention Team program in an Indiana Law Enforcement entity. 

Education, Training and outreach efforts

Education and Training — Students, parents and advocates need and information and support to enable them effectively to self-advocate.

Following are objectives that IPAS staff will work to complete in order to increase awareness about disabilities rights and the exercise of those rights:

Publish biannual IMPACT newsletter

Develop and disseminate information regarding disability rights.
 
Continue development of website as empowerment tool for individuals and families.

Implement 5 projects targeted to outreach to minority and underserved individuals with disabilities, concerning disability rights issues, IPAS services and successes.

Support the education and training events supported by a consumer based organizations holding events for consumers to increase their awareness of disability rights.

Disseminate information regarding disability rights and IPAS at events related to the provision of childcare for all children including children with developmental disabilities.
 
Develop and disseminate transition materials to all transition aged students, aged 14 years through 22 years, in three Indiana school districts.

Participate in events related to fair housing and housing discrimination attended by consumers, family members and/or service providers

Increase awareness of school staff responsible for identifying students with disabilities about the characteristics of pediatric traumatic brain injury.

Provide education and training to increase the self-advocacy skills of individuals with disabilities, their families, and other advocates to enable them to obtain assistive technology services and devices.

Develop and distribute information concerning voter registration, access to polling places and the right to cast a vote, including information regarding the state’s grievance procedure and the role of IPAS in representing individuals.

Respond to request for information or training material regarding Help America Vote Act.

Respond to request by election officials, poll workers, and election volunteers regarding the rights of the voters with disabilities and best practices in working with individuals with disabilities.

Conduct resident rights training for consumers at selected Comprehensive Mental Health Centers.

Conduct one statewide conference regarding resident rights issues.

Information and referral

Information and Referral — The IPAS Commission continues to support the efforts of the staff to provide timely and accurate information about disabilities for individuals with disabilities, their families, as well as other advocates, and members of the public.

Respond to requests for information and referral and technical assistance to individuals with developmental disabilities, their families, and professionals about disability rights and provide information and technical assistance concerning the exercise of these rights.

Comments, concerns, and suggestions regarding our Priorities are critical to IPAS. Send your suggestions via our online form or e-mail Gary Richter at grichter@ipas.IN.gov.