DRC Programs
Protection & Advocacy for Developmental Disabilities (PADD)
PADD advocates for the rights of persons with developmental disabilities. Under Federal law, a "developmental disability" is defined as: "A severe, chronic condition which is manifested before age 22, is likely to continue indefinitely, results in substantial functional limitations of at least three areas of major life activity and results in the need for a combination and sequence of several kinds of services".
We place a high value on empowerment as an outcome of our assistance to individuals. In keeping with this philosophy, our initial response to callers is usually to inform, to educate, and to provide short-term assistance to enable persons to advocate successfully on their own behalf. Longer-term advocacy is available as needed, in accordance with the Annual Program Priorities, and legal representation can be provided to clients whose cases may benefit large numbers of persons with disabilities.
PADD routinely monitors services provided in Human Development Centers and in community-based programs for persons with developmental disabilities. This monitoring includes review of all incident reports and incident investigations. When warranted, PADD conducts an independent incident investigation. PADD also provides information, referral, and short-term assistance on behalf of students with developmental disabilities in public schools.
What is a "Developmental Disability"?
- In general
The term "developmental disability" means a severe, chronic disability of an individual that -
- is attributable to a mental or physical impairment or combination of mental and physical impairments;
- is manifested before the individual attains age 22;
- is likely to continue indefinitely;
- results in substantial functional limitations in three or more of the following areas of major life activity:
- self-care,
- receptive and expressive language,
- learning,
- mobility,
- self-direction,
- capacity for independent living, and
- economic self-sufficiency; and
- reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
- Infants and young children
An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) - (v) of the above if the individual, without services and supports, has a high probability of meeting those criteria later in life.
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PADD services are funded by the Administration on Developmental Disabilities (ADD), and are provided free of charge.
Federally mandated protection and advocacy (P&A) system for Arkansans with disabilities
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The DD Network
Made up of three federally-funded "sister" agencies – the Arkansas Governor's Developmental Disabilities Council, Partners for Inclusive Communities, and the Disability Rights Center – the DD Network is a new to the state's developmental disabilities community. A natural extension of the desire to improve the lives of individuals with disabilities and their families, the Network has joined forces on a number of cooperative ventures, including:
The Network is also brings its combined expertise to bear on such pressing issues as improved nutrition and physical fitness, crime prevention, community inclusion, improved educational opportunities and the creation of a more positive perception of people with Disabilities. For more information about the DD Network, the individual agencies and their activities, contact the
The DD Council, at www.ddcouncil.org,
Partners for Inclusive communities, at www.uams.edu/partners, or
Disability Rights Center.
Be sure to check out the DD Council Newsletter!
Download it here (pdf) »
DD News
DRC and ASN Issue Letter to Governor
5/20/2010: Disability Rights Center (DRC) and Arkansas Support Network (ASN) call on Governor Mike Beebe to provide Arkansans with a choice in community placement options. Read the press release here.
Alexander Center to Close
5/19/2010: Medicaid funding will be withdrawn from the Alexander Human Development Center because it failed to follow federal statues regarding protection and treatment of clients. For more on this, read the May 19 article in the Arkansas Democrat-Gazette.
Read the May 12th CMS-2567 Statement of Deficiencies from the Department of Health and Human Services Centers for Medicare & Medicaid Services.
Read the cover letter to the CMS-2567 survey from the Arkansas Department of Human Services Office of Long Term Care, cancelling the Center's participation agreement for Governing Body and Management and Client Protection.
For a history of complaints against the Alexander HDC visit the Institutions page.
"A Model to End Unnecessary Institutionalization"
Information Bulletin # 312 (5/2010), by Steve Gold
5/18/2010: Gold says, "I believe this is the first legal complaint that really begins to spell out what an Olmstead violation looks like."
Read the Full Article Here
Justice Department Says Conway Center Is High-Risk
The U. S. Department of Justice has filed a motion for preliminary injunction against Conway Human Development Center ("CHDC"), based on the imminent and serious threat of harm to the life, health, safety, and liberty of the individuals residing at the Center. The motion asks a federal judge to immediately halt all admissions of children to the facility, hire a certified child psychiatrist, which they do not currently have, and to prohibit the State from using outdated and extreme forms of behavioral restraints on children.
The motion, filed as part of a federal lawsuit brought against the State in 2009, seeks immediate relief for residents because of the Center's extreme restraint practices and a medication management program which has led to death, organ failure and exposure to the lethal side effects of medication.
The motion also claims the state is in violation of the American With Disabilities Act (ADA) by failing to serve residents in the most integrated setting that is appropriate. The Justice Department also contends that many of the CHDC residents were needlessly and unlawfully institutionalized.
According to statistics cited in the Justice Department news release on the matter, residents of CHDC have an average life expectancy of less than 47 years compared to 72 years for other people living with developmental disabilities in institutional settings.
For more information about the Conway Human Development Center, the 2004 CRIPA complaint against CHDC, subsequent Justice Department lawsuits, and facility compliance and recertification survey results, please visit http://www.arkdisabilityrights.org/institutions.html#conway
Subscribers can read the article by Linda Satter in the Arkansas Democrat-Gazette by visiting http://www.arkansasonline.com/news/2010/mar/10/us-says-conway-center-high-risk-20100310/
DD Conference Registration Open
Registration is now open for the large statewide DD Conference to be held at the Arlington Hotel, Hot Springs, September 23 and 24, 2010. The Arkansas Governor's Developmental Disabilities Council (DDC) is hosting conference along with Disability Rights Center and Partners for Inclusive Communities as co-sponsors. Parent and family stipends are available. See the registration form for more information.
Registrations Sought for DD Training
The Arkansas Governor's Developmental Disabilities Council is preparing for their Family Leadership Training Program. The first session will be in January 2010. The Family Leadership Project is designed to provide education and information to parents of children with disabilities. Because it is free for parents, we must limit the number of participants, therefore, please submit your applications as soon as possible. The applications may be obtained by visiting www.ddcouncil.org, requesting them by email from brenda.mercer[at]arkansas.gov, or by calling 501-280-4608, or 800-462-0599, ext. 280-4608.
DRC Position Paper on Developmental Disabilities
DRC believes that Arkansas still has considerable progress to make in ensuring the rights affirmed to individuals with disabilities in the Olmstead v. L.C. decision.
Read the DRC position paper on developmental disabilities here.
Family Support Center on Disabilities
The Family Support Center on Disabilities: Knowledge & Involvement Network (call us KIN for short!) offers you a centralized resource on the full range of options available to individuals with disabilities and their families. http://www.familysupportclearinghouse.org
DRC Priorities for PADD in Fiscal Year 2010
- DRC will assist people with disabilities in institutions, community settings and psychiatric programs in advocating receipt of services and supports in a safe environment.
- Monitor community settings and public and private facilities and investigate 30 cases of suspicious deaths and claims of abuse, neglect, unlawful commitment, seclusion, physical or chemical restraint, and violations of rights.
- DRC will assist people with disabilities in advocating access to all financial and other public benefits, to which they are entitled by law in order to live in the community.
- Provide technical assistance or representation to 9 people with disabilities to receive services or supports to live in the most integrated setting appropriate to their needs.
- DRC will assist students with disabilities to advocate access to a continuum of placement options in the least restrictive environment.
- Investigate claims of denial of access to a continuum of placement options, including suspension, expulsion and manifestation determination, which result in a change of placement due to disability related behaviors.
- Represent students with disabilities who are referred and/or placed inappropriately into alternative learning environments.
- DRC will assist to improve the quality and effectiveness of the transition plans for students with disabilities.
- DRC will inform people with disabilities of their legal rights at trainings conducted by DRC and other organizations.
- Conduct outreach and rights training activities at in-patient, residential, and community-based facilities.
- Conduct community trainings on the services DRC provides, sensitivity awareness and on specific topics related to DRC priorities as requested by other agencies.
- DRC will raise issues that affect the lives of people with disabilities at meetings attended by policy makers and/or people with disabilities.
- Maintain a collaborative working relationship with Arkansas Fair Housing Commission and reinforce that people with disabilities have a right to accessible and affordable housing free from discrimination.
- Attend monthly meetings of the Arkansas Homeless Coalition to advocate for homeless people with disabilities.
- Attend meetings bimonthly of the Interagency Council on Homelessness to provide information to service providers of homeless people about disability issues.
- Attend scheduled public meetings of the Mayor's Commission on Homelessness in Little Rock to better provide information to homeless people with disabilities at the Day Resource Center.
- Attend quarterly meetings of the DDS Board to stay aware of the official position of DDS regarding care and treatment of residents in Human Development Centers.
- DRC serves on the Arkansas Advisory Council for the Education of Individuals with Disabilities to advise the Council on ways to stop discrimination against children with disabilities in public schools.
- DRC will serve on the Division of Youth Services (DYS) Oversight Committee to ensure that DYS is meeting the deadlines of the DYS Comprehensive Juvenile Justice Reform Plan 2009-2014.
- DRC is a partner organization in the Family and Youth Assistance Network (FYAN). DRC will continue to serve as a founding member of the network and will also serve as a monitor for the new FYAN website which will launch in FY 2010.
- Serve on the Partners for Inclusive Community Advisory Committee to advise them on the role of DRC by participating in quarterly meetings.
- Collaborate with the DD Network on activities to stop discrimination against people with developmental disabilities by providing access to information that would enable them to lead valued, proactive lives.
- DRC will serve on ACED (Arkansas Coalition for the Education of Students who are Deaf or Hard of Hearing) to develop a seamless system of services to stop discrimination against children who are deaf or hard of hearing.
- DRC will serve on the UALR Auditory and Speech Pathology Department Development Council to advise the Council on ways to stop discrimination against people with disabilities.
- DRC will convene meetings of ARPie to share information with parent advocacy groups/Parent Training Information Centers about education advocacy issues.
- DRC will network with the PTI and other disability groups to develop mini-conferences in unserved areas of the state.
- DRC will publish and distribute DRC newsletters to people on the DRC mail list, the e-mail list, and will publish each on the DRC website in accessible formats to inform the public on ways to stop discrimination against people with disabilities.
- DRC will print and distribute "A Parent's Guide, Civil Rights/Education" Bluebooks to inform persons how to stop discrimination against students with disabilities.
- DRC will distribute "IDEA, a Parent's Booklet" (companion to the Bluebook) to inform persons how to stop discrimination against students with disabilities.
- DRC will write "A Parent’s Guide, Civil Rights/Early Intervention" (Yellowbook) to inform persons how to stop discrimination against infants and toddlers with disabilities and their families.
- Provide the DRC display and materials in conferences to inform the public about DRC activities to stop discrimination against people with disabilities.
- Timely information will be provided on each DRC program, upcoming events, cases, investigations, legislation, etc.
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