Speaking out for People with
 Intellectual and Developmental Disabilities

Additional DD Act Reauthorization Resources


1993 House Energy and Commerce Committee Report

House Energy and Commerce Report No. 103-378
To accompany H.R. 3505, Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993
Section-by-Section Analysis
(Excerpt: Section 3, adding Purposes and Policies to Findings section of statute)
November 18, 1993

“The Committee recognizes that, with the appropriate resources and support, many individuals with developmental disabilities will live lives that are fully integrated into their respective communities. This potential, however, should not be seen as limiting the choice of individuals and their parents to seek living arrangements that are most suitable to their needs and wishes, whether they be in the community or in institutions."

Deinstitutionalization is Not Mandated by the DD Act

Deinstitutionalization Is Not Mandated
by the Developmental Disabilities Assistance and Bill of Rights Act

 QUESTIONS PRESENTED

  1.  Does the DD Act mandate transfers of individuals from large residential facilities?
  2. Are P&A systems permitted to advocate for admitting individuals to facilities upon determination of need and eligibility, and at the request of the individual and/or his family/guardian?

SUMMARY RESPONSE

  1.  The DD Act does not mandate transfers from facilities without regard to the needs and choices of the individual.
  2. P&A systems are authorized to advocate for admitting individuals to facilities upon determination of need, eligibility and choice.

Section 143 of the DD Act - System Required

DD Act: Protection and Advocacy
Sec. 143
System Required

(A) have the authority to-

(i) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups; and

(ii) provide information on and referral to programs and services addressing the needs of individuals with developmental disabilities;

California: CASHPCR (statewide family association) testimony (2006)

2006

Testimony of Theresa DeBell, President, CASHPCR
Re: California Protection and Advocacy Incorporated (PAI) and State Council

Good Evening.  My name is Theresa DeBell, and I am the president of CASHPCR, which represents the families and friends of the 3, 000 residents of the California Developmental Centers.  Thank you for the opportunity to comment on Protection and Advocacy and the State Council.

Last week a PAI representative testified against replacing a kitchen at a developmental center that was inadequate to deliver meals to the residents, with numerous health code violations, including the presence of vermin.  She testified that the money would be better spent providing a less restrictive environment for the residents.  This would be rather difficult to manage for those residents with forensic placements, and does not address the fact that the residents are entitled to receive proper and safe nutrition services.

California: Parent testimonial (2007)

Jan 01 07
To:  Ms Clea Benson-Bee Capitol Bureau
From: Dale Emde, Pacifica, California

As a parent of my severely handicapped son Arthur, who has lived successfully at Sonoma Developmental Center since 1964, I believe I am qualified to comment on the completely avoidable death of Donald Santiago after being forced to move from Agnews DC into the community against strong protests from family and friends.