Collaboration with DD Network:   The individual cases selected under this priority will most likely be handled by the law center alone, but occasionally will benefit from resources provided by the DD Network (such as suggestions for expert witnesses, etc.).

Other Collaboration:   ODLC will seek collaborative or coalition wherever possible to enhance the chances of a favorable result for the particular client(s).

Need for this priority identified by:   Public hearing, public comment, experience and monitoring activities.

Priority is in the following areas:   ADA and other rights, appropriate housing, assistive technology, benefits also other disability groups, deinstitutionalization, disability information, family support, federal policies, health care, personal rights/choices, prevention, quality of life, systems change, unserved/underserved, inclusion, interagency collaboration, living conditions.

Indicators of Success:

a.      All validated abuse complaints will have a favorable resolution as a result of p&a intervention.  ODLC will attempt to resolve by negotiation and/or mediation any complaint received concerning abuse and/or neglect as defined by this priority and elect to pursue litigation if deemed appropriate.

b.      All complaints, regardless of validation, will receive information with respect to rights, with respect to freedom from abuse and neglect and information with respect to self-advocacy.  Even if ODLC is unable to validate the existence of abuse and neglect, the caller will receive information concerning his or her rights and where complaints may be placed with enforcement agencies.

c.    ODLC will provide public comment or other appropriate action when it is determined that governmental agencies are enacting administrative policy, procedure and/or rule changes that involve abuse and neglect.  ODLC will attend meeting and inform ODLC=s constituencies and partners or network of government agency agenda items or other proposals to ensure an opportunity to be heard by people with disabilities affected or others interested in policy and/or procedure changes.  ODLC will monitor the rulemaking process and assist constituents in providing input to the agency governing body prior to adoption of rules.

Priority #2:   Managed Care

Need, issue or barrier to service addressed by this priority:   Oklahoma=s citizens with developmental disabilities have been moved into managed care system.  Most people do not understand the system and how their rights are enforced in such a system.

Impact on quality of life for persons with developmental disabilities due to this priority:   Independence and Integration/Inclusion

Impact on case selection criteria:   Too many people will be entering a managed care system for ODLC to contemplate representing each individual who objects to a proposed medical treatment or other conduct by a managed care provider.  In order to anticipate the needs of the people entering this system, ODLC helped form a consumer-oriented coalition and identified legal issues to be addressed in the future for the benefit of people in the system.  ODLC will continue to work to ensure that two requirements are incorporated into the managed care system:  (1) that all contractors comply with the ADA and (2) that user-friendly grievance systems are in place with each contractor that will allow individuals to pursue their own complaints if they disagree with action taken by the managed care contracting provider.  ODLC will develop self-advocacy materials to support this objective for individuals who fall within this priority.  ODLC may also select appropriate cases for individual representation if they foster implementation of the two requirements mentioned above.

Collaboration with DD Network:   ODLC is undertaking the lead on this objective at the present time and informing the network of activities and issues.  It is anticipated that the network will collaborate with training and development of materials for self-advocacy.

Other Collaboration:   ODLC continues to work with the Oklahoma Medicaid Managed Care Coalition that it helped form over a year ago.  ODLC will continue to maintain its managed care listserv.  It is anticipated that the coalition will continue to add consumers so they can become meaningful participants in the development of a responsive managed care system.

Impact on under/unserved and minority populations:   The listerv will enable rural residents to become informed of activities in a timely manner, without regard to distance.  Minority representatives are being recruited for the coalition.  Self-advocacy materials developed by ODLC can be made available for dispersal to under/unserved and minority populations.

Need for this priority identified by:   Public hearing, public comment, experience.  Some consumer-oriented organizations  requested that ODLC devote significant effort to the upcoming managed care proposals to help form a system that would be responsive to people with disabilities, with a focus on the legal issues involved.

Priority is in the following areas:   ADA and other rights, personal rights/choice, assistive technology, benefits also other disability groups, capacity building, community supports, federal policies, health care, inclusion, prevention, quality of life, systems change, unserved/underserved.

Indicators of Success: 

Priority #3:  Americans with Disabilities Act of 1990 Enforcement

Need, issue or barrier to service addressed by this priority:   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.  In its June, 1999 opinion in the Olmstead case, the U. S. Supreme Court acknowledged the integration mandate of the ADA.  In January and July of 2000, the U. S. Health and Human Services sent letters to governors and Medicaid directors with guidance for enforcement of the integration mandate.

Impact on quality of life for persons with developmental disabilities due to this priority:   Independence, productivity and Integration/Inclusion

Impact on case selection criteria:   Cases involving an ADA issue will be selected for representation.  First, technical assistance through the federally funded technical assistance centers will be offered as an option.  Information concerning how to file a complaint with the appropriate federal agency may also be provided.  While presentation of a priority issue will be a major factor considered in deciding to accept a particular case, other elements may also be considered:  likelihood of success, urgency of a particular matter and likely consequences for client, resources necessary to provide high quality representation, availability of alternative advocacy resources in the community, including the capacity of the client for self-advocacy and the impact that resolution of a particular matter will have upon the eligible client community.

Collaboration with DD Network:   Participate together on the Oklahoma Health Care Authority work group on Olmstead.  Activities are planned to develop and distribute self-advocacy materials and to conduct public education.

Other Collaboration:   In appropriate cases, may involve collaborative efforts with United States Department of Justice as the primary enforcement agency for the ADA.  ODLC will collaborate with the Office of Civil Rights, HHS on enforcement of the Olmstead integration mandate.  ODLC will provide technical assistance to the Oklahoma Olmstead Coalition and maintain a supportive listserv.

Impact on under/unserved and minority populations:   Unknown.

Need for this priority identified by:   Public hearing, public comment, experience, monitoring activities.

Priority is in the following areas:   ADA and other rights, personal rights/choice, assistive technology, benefits also other disability groups, capacity building, community supports, deinstitutionalization, disability information, education, federal policies, health care, inclusion, interagency collaboration, federal policies, health care, inclusion, quality of life, systems change, unserved/underserved.

Indicators of Success: 

 

Priority #4:  Education

Need, issue or barrier to service addressed by this priority:   School districts fail to provide education as required by law.  The parent training and information center, PRO-Oklahoma, provides quality advocacy services to children in the public school system but lacks the capacity to pursue administrative or judicial relief for students who do not receive their education after negotiation and/or mediation through their center.

Impact on quality of life for persons with developmental disabilities due to this priority:   Independence, productivity and Integration/Inclusion

Impact on case selection criteria:   Cases will initially be referred to PRO-Oklahoma for advocacy services consistent with their mission and capacity, unless the caller has a case of merit with a legal emergency present.  ODLC will then consider the case for acceptance after PRO has attempted resolution and recommends the caller to ODLC.

Collaboration with DD Network:   The UAP and DD Council collaborate with ODLC in presentations at PRO-Oklahoma=s annual statewide parent seminar.  Development and implementation of parent advocacy training program through education committee of DD Council.

Other Collaboration:   ODLC will expect the State Department of Education to enforce educational requirements of its local school districts.

Impact on under/unserved and minority populations:   Prior to collaboration with PRO-Oklahoma, statistics indicated that between 50% and 75% of all parents calling ODLC for services on an educational matter had not previously heard of the parent training information center in Oklahoma.  ODLC=s priority is designed in such a manner as to assure that p&a services are utilized in such a way as to assure that people previously under/unserved by the parent training information center receive that opportunity and that scare legal services are reserved for people who might otherwise not be represented.

Need for this priority identified by:   Public hearing, public comment, experience, advisory council

Priority is in the following areas:   ADA and other rights, assistive technology, benefits also other disability groups, capacity building, community supports, disability information, early intervention, education, family support, federal policies, inclusion, interagency collaboration, quality of life, systems change, transition from school to work, unserved/underserved

Indicators of Success: 

Priority #4:  Housing, Employment (ADA Title I), Guardianship and Medical Care

Need, issue or barrier to service addressed by this priority:  Discrimination by others results in unequal treatment or loss of income or assets for a significant number of people on a uniquely individual basis.

Impact on quality of life for persons with developmental disabilities due to this priority:   Independence, productivity and Integration/Inclusion

Impact on case selection criteria:   Cases will be selected for telephone counseling to increase knowledge of the caller and provide them with resources and printed materials for employment, housing and medical complaints for unlawful discrimination.  Due to the large number of persons falling into this category and the uniquely personalized nature of each case, ODLC will develop and maintain partnerships or networks with other identified agencies so that callers will receive appropriate information about their rights and strategies to enforce their rights.

Collaboration with DD Network:    UAP will continue to provide computerized printing capacity for development of brochures and manuals for education and self-advocacy.

Other Collaboration:   Oklahoma Supreme Court=s mediation program, including a specialized program for guardianships, through its early settlement centers.  TARC Volunteer Guardianship and Advocate Program.  Adult Protective Services, DDSD and other state agencies designed to protect against overreaching guardians.

Impact on under/unserved and minority populations:   Wards, included within this priority, are traditionally under/unserved populations.

Need for this priority identified by:   Public hearing, public comment, experience 

Priority is in the following areas:   ADA and other rights, appropriate housing, assistive technology, benefits also other disability groups, community supports, disability information, employment/leadership, federal policies, health care, inclusion, interagency collaboration, living conditions, personal rights/choice, prevention, unserved/underserved

Indicators of Success: 

Provide telephone counseling to people with disabilities to increase their knowledge of rights and remedies concerning housing, employment, guardianship and medical care.  Maintain a resource directory for callers for outside resources to achieve result they intend; provide current, user-friendly packets of information for callers with referrals to appropriate supporting agencies.