PRIORITIES AND OBJECTIVES FOR PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS FOR PEOPLE WITH MENTAL ILLNESS (PAIMI)

October 1, 2002 - September 30, 2003

I. Identification Data

Oklahoma Disability Law Center, Inc.
http://www.oklahomadisabilitylaw.org

Oklahoma City: 2915 Classen Boulevard
300 Cameron Building
Oklahoma City, OK 73106
Telephone: (405) 525-7755 V/TDD
(800) 880-7759 V/TDD

Tulsa: 2828 East 51 Street
302 Interim Building
Tulsa, OK 74104
Telephone: (918) 743-6220 V/TDD
(800) 226-5883 V/TDD

Contact: Kayla A. Bower, J.D.
Executive Director
(405) 525-7755 V/TDD
FAX: (405) 525-7755
e-mail: kbower1@flash.net

II. Statement of Priorities and Objectives

Clients presenting those issues identified as priorities in this statement will ordinarily receive some type of representation from ODLC. This representation may include legal advice and counseling, negotiation and mediation, administrative and legislative advocacy, individual case representation and complex litigation. Although the presentation of a priority issue will be the major factor considered in deciding whether or not to accept a particular case, other elements may also be determined in case acceptance, including (a) the likelihood of success; (b) the urgency of a particular matter and the likely consequences for the client; (c) the resources necessary to provide high quality representation and the resources available to ODLC; (d) the availability of alternative advocacy resources in the community, including the capacity of the client for self-advocacy; and (e) the impact that resolution of a particular matter will have upon the eligible client community. This statement sets forth both casework and administrative priorities that are central to implementation of the PAIMI program in a client-directed manner.

Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem. Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of various barriers, overprotective rules and policies, failure to make modifications to facilities and practices, exclusionary qualification standards, segregation and relegation to lesser opportunities. The nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living and economic self-sufficiency for such individuals. The continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and pursue those opportunities for which our free society is justifiably famous. Americans With Disabilities Act of 1990, 42 U.S.C. § 12101. These are among the driving forces which generated the following objectives and priorities of ODLC in its effort to be part of the federal government's central role in enforcing standards established in anti-discrimination statutes. In June, 1999, the Olmstead v. L.C. opinion from the United States Supreme Court reinforced the integration mandate of the ADA.

III. Rationale for Priorities and Objectives

These priorities and objectives represent a simplification of areas of focus in response to consumers and consumer organizations. Primarily, the consumers and consumer organizations remain interested in basic life necessities (whether living independently in the community or within a facility) and those providers or governmental entities who refuse to follow existing laws so that the basic life necessities were available to persons with disabilities. Also, they are interested in ODLC's ability and willingness to respond in a timely manner to new and important issues as they may arise throughout the fiscal year. Where eligibility is dual, efforts by both PADD and PAIMI are being coordinated on children=s issues.

A. Institutional Abuse and Neglect in mental health facilities, juvenile facilities and prisons, including but not limited to improper seclusion and restraint.

1. Identify facilities throughout the state and gather information from any sources regarding quality of care, incidents of abuse, complaints and other reports at each institution.
2. Identify agencies or entities throughout the state who currently monitor or otherwise gather or may obtain information about the identified facilities.
3. Check agendas of various governmental commissions for discussion of policy changes involving abuse, neglect or other issues directly related to ODLC's priorities and objectives. Attend meetings and inform ODLC's constituents and partner or network organizations of such agenda items to insure opportunity to be heard by consumers affected or others interested in policy change.
4. Continue pending litigation and initiate litigation where appropriate.
5. Reduce the incidence of improper restraints and failure to provide appropriate medical treatment in jails and prisons

B. Managed Care

1. Continue technical assistance for Oklahoma Medicaid Managed Care Consumer Coalition, as appropriate.

2. Maintenance of internet listserv for exchange of ideas and information concerning Oklahoma's medicaid managed care by people with disabilities, their families and people who represent or advocate for them--
http://www.yahoogroups.com/list/oklahomamedicaidmanagedcarecoalition.
3. Monitor and enforce two primary legal objectives in Oklahoma Health Care Authority's managed care contractual relationships with providers: (a) compliance with Americans with Disabilities Act of 1990 and other related disability statutes and (b) patient grievance system consistent with due process requirements.
4. Update materials to support self-advocacy by consumers in managed care environment.

C. ADA Enforcement - Titles II and III

1. Inform individuals with mental illness of their rights and empower them to enforce the provisions of Title II (state and local government) and Title III (places of public accommodation) of the Americans with Disabilities Act of 1990, so that people with mental illness are free from discrimination based upon their disability.
2. Inform service providers and the general public about their responsibilities and the rights of people with mental illness under Title II and Title III of the ADA.
3. Pursue appropriate litigation to enforce ADA Titles II and III.
4. Maintain disability law listserv for people with disabilities, their families and people who represent or advocate for them --
http://www.yahoogroups.com/list/oklahomadisabilitylawcenter
5. Participate in the Olmstead Work Group established by the Oklahoma Legislature
6. Provide technical support for Oklahoma Olmstead Coalition and maintain a listserv for its members
(http://www.yahoogroups.com/list/OklahomaOlmsteadCoalition)

D. Special Education

1. Coordinate with Oklahoma Parents Center, Inc. in procedures for handling complaints, parent and consumer training, and sharing resources to assure consumers have knowledge of their rights and access to due process remedies.
2. Implement the amended IDEA and ADA/Rehabilitation Act of 1973.
3. Pursue appropriate litigation to enforce educational rights and freedom from bullying and improper restraints in the public school system.
4. Maintain educational internet listserv for students with disabilities, their families and those who represent or advocate for them.
5. Provide technical assistance to Oklahoma Disability Education Association.
6. Coordinate with Partners in Education Advocacy training project initiated through PADD Program and incorporate advocacy for mental health issues.

E. Advice and Counsel/Referral for Housing, Employment (ADA Title I) Guardianship, Medical Care

1. Provide telephone counseling (answering general questions, identifying legal issues) to people with mental illness to increase their knowledge of their rights and remedies concerning housing, employment, guardianship and medical care.
2. Maintain a resource library for clients, including the Oklahoma Court Guardianship Mediation Program, Adult Protective Services and any other guardianship resources.
3. Provide current, user-friendly, accurate and easy-to-read information packets on housing, employment, guardianship and medical care.
4. Initiate and maintain partnerships or networks with other identified agencies or entities for coordination of services, referral or additional resources for problems in housing, employment, guardianship and medical care.

F. PAIMI Partners

1. Identify organizations and individuals to become partners.
2. Develop and implement Leadership Academy for the purpose of training and supporting consumers/survivors in assuming leadership roles on boards and committees.

2. Provide appropriate legal support to partners, particularly for their members with severe mental illness who reside in the community.
3. Maintain internet listserv for PAIMI partners for people with disabilities, their families and people who represent or advocate for them--
(http://www.yahoogroups.com/list/paimi_partners).

Conclusion

This statement of priorities and objectives provides guidance to ODLC staff in the acceptance of cases and to ODLC management in the allocation of resources to PAIMI activities. This statement, however, should not be regarded as inflexible. Each potential client's case must be evaluated based upon its own unique circumstances. New legal problems for people with disabilities often arise, and must be evaluated in the context of existing priorities. The priorities include flexibility to respond to consumers and consumer organizations throughout the fiscal year, based upon need and availability of program resources.

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