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 and 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 objectives reflect ULS’ commitment
to promote individual choice and autonomy.
1. Advocate for the removal of barriers to
outplacement from institutional settings for people
with mental illness.
a. Represent 20 consumers and advocate for them to
live in the least restrictive setting appropriate to
meet their needs.
b. Encourage the Department of Mental Health to coordinate
efforts with the Medical Assistance Administration (D.C.
Medicaid), the D.C. Housing Authority and the Department
of Housing and Community Development to implement the
“Money Follows the Person” Grant, and facilitate
the transition to the community of people with physical
disabilities from St. Elizabeths Hospital and nursing
homes.
2. Advocate against the improper use of seclusion,
restraint and medication, and other abusive and neglectful
conduct at inpatient facilities where D.C. residents
receive mental health services.
a. Represent 15 adult consumers who have been improperly
secluded, restrained or administered medication inappropriately.
b. Represent 6 children or youth who allege abuse or
neglect in their residential or inpatient placement.
c. Conduct 5 investigations of institutional abuse
or neglect.
d. Conduct weekly monitoring visits at St. Elizabeths
Hospital and draft internal memoranda about each visit.
e. Conduct monthly outreach and education to consumers
and staff at St. Elizabeths Hospital.
f. Conduct monthly outreach and education to adult
consumers and staff at Psychiatric Institute of Washington.
g. Conduct at least 4 outreach and education sessions
to consumers and staff on the psychiatric ward(s) at
Greater Southeast Community Hospital.
h. Advocate for greater P&A access for monitoring
at Psychiatric Institute of Washington (“PIW”).
i. Conduct 8 know-your-rights presentations at local
psychiatric hospitals, groups homes and residential
treatment centers that serve children and youth.
3. Pursue ULS’ access to J.B. Johnson
Nursing Center, which entered into a Memorandum of Understanding
with the Department of Mental Health to serve more individuals
with mental illness discharged from St. Elizabeths Hospital.
Monitor the conditions of care at J.B. Johnson Nursing
Center, where an increasing number of individuals with
mental illness have been placed.
a. Conduct outreach to the nursing home administrator
to educate the facility about ULS and its access authority
under the PAIMI statute and implementing regulations.
b. Conduct 2 monitoring visits at J.B. Johnson Nursing
Center and draft internal memoranda about each visit.
4. Participate in the Juvenile Detention Alternatives
Initiative (“JDAI”) Facility Oversight Committee.
a. Collaborate with the JDAI committee to create a
report assessing mental health services for residents
of the Youth Services Center, the juvenile detention
facility for the District of Columbia..
5. Advocate for appropriate community-based
services and inclusion in the community for individuals
who are dually diagnosed with mental illness and an
intellectual disability.
a. Represent 5 individuals who are dually diagnosed
and advocate for appropriate community-based services.
b. Advocate with both the Department of Mental Health
and the Department of Disability Services about the
need for greater cooperation and collaboration between
the agencies, by pressing for an updated, specific Memorandum
of Understanding and testifying before City Council
about the need for greater cooperation and collaboration
between the agencies.
6. Advocate for appropriate community-based
services and inclusion in the community for individuals
with mental illness who are medically fragile.
a. Represent 5 individuals with mental illness who
are medically fragile and advocate for appropriate community-based
services.
b. Participate in the newly created workgroup at the
Department of Mental Health that is focusing on providing
services to individuals who are medically fragile.
c. Testify before City Council about the need for increased
services for individuals with mental illness who are
medically fragile, and advocate for the development
of a new Medicaid waiver to provide needed services
and flexibility.
7. Improve access to community-based mental
health services for children and youth and reduce the
District of Columbia’s reliance on out-of-state
residential treatment.
a. Conduct outreach and education to consumers and
staff at the child-serving core services agencies and
specialty providers, with an emphasis on those agencies
that serve children and youth exclusively.
b. Participate in the District of Columbia’s
new inter-agency workgroup to develop a pilot program
for the provision of wraparound services to children
and youth who have a residential level of care.
c. Research and identify barriers to access to community-based
mental health services and inform the relevant government
agencies of such barriers.
8. Promote inclusion in District of Columbia
Public Schools (DCPS) for students with mental health
needs.
a. Lay the groundwork for Inclusive Schools Week in
December 2008 by participating in 4 planning committee
meetings with DCPS and other stakeholders.
b. Conduct outreach to 4 core services agencies that
serve children and youth about inclusion for students
with mental health needs and ULS’ advocacy services.
c. Conduct outreach to 3 parent organizations about
inclusion for students with mental health needs and
ULS’ advocacy services.
d. Conduct outreach to 3 non-public special education
providers about ULS’ advocacy services for students
who wish to transition back to a local DCPS school.
9. Advocate for greater consumer access to
and integrity of the Department of Mental Health’s
grievance system.
a. Represent consumers in 10 grievance proceedings.
b. Advocate with the Department of Mental Health for
increased provider training about the grievance system
and revision of the grievance regulations to address
the system’s deficiencies.
10. Advocate for greater consumer access to
and choice of appropriate community-based services.
a. Represent 5 individual consumers in their efforts
to obtain appropriate mental health services in the
community.
b. Conduct outreach to and collaborate with consumer-directed
advocacy organizations, such as the Consumer Action
Network and the Consumer Leadership Forum.
c. Collaborate with the ULS DC Jail Advocacy Project
to improve access to services and remove the barriers
to inclusion for previously incarcerated individuals
with mental illness. Represent 5 individuals with mental
illness and assist them with obtaining access to appropriate
community-based services within the first year of their
release from the DC Jail.
d. 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.
a. Attend Dixon stakeholder meetings and provide feedback
and comments, as appropriate, to Dixon class counsel.
11. Develop outreach materials to share with
members of the community, including consumers, their
family members, and providers.
a. Research and develop 4 written fact sheets about:
(1) ULS’ role as the protection and advocacy program
for the District of Columbia; (2) involuntary medication;
(3) seclusion and restraint; and (4) consumer-directed
treatment planning.
b. Develop alternate ways of presenting the above information,
such as pictorial or recorded versions.
c. Translate the fact sheets into Spanish.
12. Continue to represent the plaintiffs in
University Legal Services v. St. Elizabeths Hospital
to protect their right to minimally adequate treatment
and safe conditions.
a. Pursue 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, and presenting our case at trial.
b. Complete post-trial briefing, if needed, and post-judgment
enforcement monitoring, if permitted.
13. Continue to represent the plaintiffs in
Bates v. Northwestern to ensure that they are reimbursed
the funds allegedly mishandled by their community provider.
a. Pursue litigation strategies that protect the interests
of the consumers served by Northwestern, including engaging
in discovery if permitted by the court.
b. Attempt to locate as many former Northwestern consumers
as possible, and collect information related to the
case.
14. Continue to represent the plaintiffs in
Petties v. District of Columbia to ensure that class
members receive safe and appropriate transportation
services, and that the District of Columbia Public Schools
timely pays providers that serve class members.
a. Attend monthly parties’ meetings and biannual
providers’ meetings.
b. Monitor the payment system by reviewing dispute
documentation and participating in provider dispute
hearings.
c. Monitor the Division of Transportation’s operations
by meeting every 6 months with the Transportation Administrator
and participating in the Division’s Training Advisory
Task Force.
15. Develop a multi-year strategy for promoting
greater understanding amongst court-appointed guardians
and Probate Court personnel of consumers’ rights
and self-direction.
a. Identify obstacles to effective advocacy for consumers
with court-appointed guardians.
b. Identify 3 potential community partners interested
in addressing problems within the guardianship system
and conduct outreach to them.
c. Conduct outreach to the Probate Court’s Register
of Wills about ULS’ services and opportunities
to collaborate.
d. Conduct at least 1 training about the Healthcare
Decisions Act and the limits on a guardian’s authority.
16. Host an outreach event/awards program to
highlight the work of the program and bring together
people with disabilities to celebrate their accomplishments.
ULS CASE SELECTION CRITERIA AND GRIEVANCE
PROCEDURE:
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.
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.
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