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 Developmental Disabilities Assistance and Bill of Rights Act
QUESTIONS PRESENTED
- Does the DD Act mandate transfers of individuals from large residential facilities?
- 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
- The DD Act does not mandate transfers from facilities without regard to the needs and choices of the individual.
- P&A systems are authorized to advocate for admitting individuals to facilities upon determination of need, eligibility and choice.
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;
Review of Equip for Equality , Illinois’ Protection and Advocacy Agency
by Rita Burke, President
Illinois League of Advocates for the Developmentally Disabled (IL-ADD)
IL-ADD’s membership is composed of the presidents or other representatives from the parent/guardian organizations from all nine of Illinois’ State Operated Developmental Centers (SODCs)
Equip for Equality is a state appointed agency receiving Federal funding which is intended to advance the causes of all Illinois citizens with disabilities. This agency should be even-handedly supporting and advocating for all disability needs and embracing a full continuum of appropriate services. It does not.
OLMR Response to the State Plan for the Ohio Legal Rights Service, Ohio's Protection and Advocacy System
Sonya Mawhorter, Executive DirectorOhio League for the Mentally Retarded (OLMR)
June 2006
The Ohio League For The Mentally Retarded (OLMR) is a consumer organization representing over 7000 Ohio citizens with disabilities and their family/caregivers.
We are pleased to have an opportunity to offer input into the state plan for the Ohio Legal Rights Service (OLRS), Ohio’s Protection and Advocacy system. We will provide some background in our comments, as well as make some recommendations.
