THE MISSION of the Protection and Advocacy program for Individuals with Mental Illness (PAIMI) at University Legal Services (ULS) is to ensure that people with disabilities are afforded the full rights and entitlements accorded to them by the Constitution, local, and federal law. Among these rights are the rights to self-determination, to be free from harm, to be afforded due process, to develop physically, emotionally, and intellectually, and to be included in community life with the opportunities and choices these rights imply.

The following priorities and objectives reflect ULS’ commitment to promote individual choice, autonomy, and inclusion in community life.

1.Advocate for the removal of barriers to outplacement from institutional settings, for greater consumer choice, and for the reduction of the District of Columbia’s reliance on institution-based and/or segregated services for children and adults diagnosed with mental illness.

a. Participate in the District of Columbia’s inter-agency workgroup to monitor the implementation of wraparound services and other community-based alternatives for children and youth who have a residential level of care, to create new opportunities for youth in D.C., and to reduce over-reliance on residential treatment centers.

b. Represent 15 consumers in inpatient and residential facilities and advocate for them to live in the least restrictive setting appropriate to meet their needs.

c. Represent 15 individual consumers living in the community in their efforts to obtain appropriate, individualized mental health services.

d. Represent 3 individuals with mental illness and assist them with obtaining access to appropriate community-based services within the first year of their release from the D.C. Jail and the Federal Bureau of Prisons.

e. Represent 2 individuals between the ages of 15 and 25 that are transitioning from the youth-based mental health system to the adult-based mental health system, to ensure continuity of care and ongoing access to age-appropriate supports and services.

f. Advocate for greater inter-agency coordination and more access to intensive and inclusive community-based services for 8 individuals with mental illness who also have a co-occurring intellectual disability, physical disability, or complex medical needs.

g. Investigate, monitor, and/or provide advocacy to remedy substandard treatment and conditions at 2 community residential facilities, single room occupancies, group homes, or other congregate facilities for individuals with mental illness.

2. Monitor and conduct investigations into improper use of seclusion, restraint, and medication and other abusive and neglectful conduct at inpatient and outpatient facilities where D.C. residents receive mental health service or seek to receive mental health services.

a. Investigate on behalf of 6 adult consumers who have been improperly secluded, restrained, administered medication inappropriately, or otherwise been abused or neglected.

b. Investigate on behalf of 2 children or youth in residential or inpatient settings who allege abuse or neglect.

c. Conduct monitoring visits at least twice per month at St. Elizabeths Hospital.

d. Advocate for greater access for monitoring at hospitals that accept involuntarily committed patients.

e. Conduct monitoring visits at least 4 times at the Comprehensive Psychiatric Emergency Program (CPEP) and provide information about ULS to the consumers and staff at CPEP.

3. Represent mental health consumers to remedy seclusion, restraint, and medication and other abusive and neglectful conduct at inpatient facilities where D.C. residents receive mental health service or seek to receive mental health services.

a. Continue to represent the plaintiffs in ULS v. St. Elizabeths Hospital to protect their right to minimally adequate treatment and safe conditions, by pursuing litigation strategies to protect the interests of the consumers at St. Elizabeths Hospital, including, if appropriate, preparing pre-trial statements, preparing briefs for the court, presenting our case at trial, or facilitating a settlement agreement.

b. Represent 5 consumers in the Department of Mental Health grievance procedures or other legal proceedings regarding rights violations in institutions by the Department of Mental Health and/or their providers.

4. Conduct outreach and education to individuals with a mental illness, family members, District of Columbia employees, court-appointed guardians, and service providers about individual rights and ways to access services in the community and reduce reliance on institution-based and/or segregated services for children and adults with mental illness.

a. Conduct outreach and education to staff at 3 core services agencies, assertive community treatment (ACT) teams, or inpatient facilities about community-based supports provided by agencies and programs other than the Department of Mental Health.

b. Conduct 5 know-your-rights presentations at local psychiatric hospitals, group homes, and residential treatment centers that serve children and youth.

c. Provide 3 presentations to advocacy groups, governmental entities, and the community regarding the rights of children with mental health needs under the IDEA, Medicaid, and the other entitlements to quality services in the least restrictive environment.

d. Conduct 8 outreach and education sessions for consumers and staff at St. Elizabeths Hospital.

e. Conduct 8 outreach and education sessions for adult consumers and staff at hospitals that accept involuntarily committed patients.

f. Conduct 8 outreach and education sessions for youth or adults receiving mental health treatment inside correctional facilities.

g. Provide education to and testify at City Council budget and oversight hearings about problems in the mental health system in the District of Columbia.

h. Attend the Children’s Mental Health Roundtable, a monthly meeting between representatives of all District of Columbia child-serving agencies, providers, and advocates, to discuss barriers to providing quality community-based mental health services, to learn about new initiatives, and to advocate for innovative and high-quality local mental health supports.

i. Participate in the Fair Budget Coalition and advocate for the development of creative, flexible funding mechanisms to provide services for individuals with mental illness and other special needs.

j. Provide technical assistance to and collaborate with consumer-directed advocacy organizations, including the Consumer Action Network, the Consumer Leadership Forum, and the Ida Mae Campbell Wellness Center.

k. Collaborate with the Department of Mental Health, advocates and stakeholders to raise awareness of problems with the guardianship system and educate provider staff about limited purpose guardianships and the petition post-appointment process.

l. Collaborate with District of Columbia Public Schools, the Department of Mental Health, advocates and/or stakeholders to promote the inclusion of children and adolescents with mental illness in public and charter schools in the least restrictive environment, educate parents and children about their rights regarding school suspension under the IDEA, and provide direct representation where appropriate.

5. Administer the settlement of claims of the class members in Bates v. Northwestern Human Services, acting pursuant to the settlement agreement approved by the D.C. Court, taking steps to locate class members, verifying membership in the class, and providing class members with compensation as directed by the court.

6. Continue to represent the plaintiffs in Petties v. District of Columbia to ensure that class members receive safe and appropriate transportation services and that District of Columbia Public Schools (DCPS) timely pays private providers that serve class members.

a. Litigate Defendants’ Appeal of the U.S. District Court’s denial of Defendants’ Motion to Vacate certain underlying orders regarding the payment aspects of the case.

b. Monitor the DCPS and the Office of the State Superintendant of Education (OSSE) payment system by reviewing invoice and dispute documentation and participating in provider dispute hearings. If appropriate, monitor the payment procedure to measure compliance with the exit plan approved by the court.

c. Monitor the transportation services provided by OSSE to ensure that class members receive adequate transportation services. If appropriate, file a motion to continue court oversight over the Division of Transportation until OSSE meets the requirements of the Exit Plan. Continue to meet with the Director of the Division of Transportation every six months.

d. Continue to ensure that non-public providers of special education have access to information about the invoice and dispute process, and hold bi-annual provider meetings to share information and stay abreast of any problems.

7. Represent prospective class members in Day v. District of Columbia to promote their rights under Title II of the Americans with Disabilities Act (ADA) to information about alternatives to nursing facility placement, transitional assistance, and quality home-based personal care services and supports through the Elderly and Physical Disabilities (EPD) Medicaid Waiver Program and the DC Medicaid State Plan to enable them to move out of nursing facilities.

CASE SELECTION CRITERIA

1. ULS accepts cases of those who have significant mental illness or emotional impairments and whose complaint falls within the aforementioned priorities; and

2. Cases in which the client is a resident of the District of Columbia.

GRIEVANCE PROCEDURE

While we recognize that every situation is important, please note that case acceptance is dependent upon available resources, including staff time. If your case is not accepted and you wish to file a grievance, please submit your grievance in writing to the Executive Director. Current clients may also submit a grievance to the Executive Director about the quality of ULS’ representation. A client may lodge an oral grievance with a ULS staff member who shall put the grievance in writing and submit it to the Executive Director. The Executive Director may be reached at:

Jane Brown, Executive Director
University Legal Services
220 I Street, N.E., Suite 130
Washington, D.C. 20002
(202) 547-0198 Phone
(202) 547-2662 Fax
(202) 547-2657 TTY

The Executive Director shall respond in writing within thirty (30) days of receipt of a grievance from any client or prospective client, or community member who has an interest in the operation of the protection and advocacy program.

A grievant may appeal the Executive Director’s decision to the ULS Board of Directors within ten (10) days of the written decision of the Executive Director. The decision of the ULS Board of Directors shall be final and not subject to further appeal or review. Client confidentiality shall be maintained.

The Executive Director shall report grievances to the Board of Directors annually.