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 priorities and objectives reflect ULS’ commitment to promote individual choice and autonomy.
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 a pilot program providing wraparound services to 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 1 student with mental health needs to secure or maintain an inclusive educational placement in a DCPS school.
c. Represent 20 consumers in inpatient and residential facilities and advocate for them to live in the least restrictive setting appropriate to meet their needs.
d. Represent 10 individual consumers living in the community in their efforts to obtain appropriate, individualized mental health services.
e. Collaborate with the ULS D.C. Jail Advocacy Project in the advocacy for 4 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.
f. Attend Dixon stakeholder meetings and provide feedback and comments, as appropriate, to Dixon class counsel about problems in the community mental health system.
g. 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.
h. Conduct 7 visits to the Schoolwide Application Model (SAM) schools or Full Service schools (FSS) to monitor implementation of inclusive practices in the District’s schools.
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. Assist 12 adult consumers in residential or inpatient settings who have been improperly secluded, restrained administered medication inappropriately, or otherwise been abused or neglected, either through investigations of the abuse or neglect or through direct representation.
b. Assist 4 children or youth in residential or inpatient settings who allege abuse or neglect, either through investigations of the abuse or neglect or through direct representation of the youth.
c. Conduct P&A monitoring visits at least twice per month at St. Elizabeths Hospital.
d. Advocate for greater P&A access for monitoring at private hospitals that accept involuntarily committed patients.
3. 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 the Elderly and Persons with Disabilities (“EPD”) Medicaid waiver.b. Conduct 5 know-your-rights presentations at local psychiatric hospitals, group homes and residential treatment centers that serve children and youth.
c. Provide 5 presentations to advocacy groups, governmental entities, and the community regarding the rights of children with mental health needs under the IDEA.
d. Conduct 12 outreach and education sessions for consumers and staff at St. Elizabeths Hospital.
e. Conduct 12 outreach and education sessions for adult consumers and staff at hospitals that accept involuntarily committed patients.
f. Provide education to and testify at City Council budget and oversight hearings about problems in the mental health system in the District of Columbia.
g. 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.
h. 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.
i. 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.
j. Conduct 2 trainings for Probate Court staff, judges and court-appointed attorneys on consumer rights and the recovery model, as well as the services ULS provides.
k. Collaborate with the Department of Mental Health’s Office of Consumer and Family Affairs and other 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. Develop a fact sheet or other educational materials about the petition post-appointment process in Probate Court.
4. 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.
5. Continue to represent the plaintiffs in Bates v. Northwestern and the class, if it is certified by the court, advocating for a court order requiring an independent accounting and restitution of funds accounted for.
a. Continue to conduct discovery, including depositions, review Northwestern documents, prepare all pretrial documentation, file pretrial motions, present plaintiffs’ position at trial, and file all post-trial briefings.
b. If the class is certified and plaintiffs are successful, monitor and ensure compliance with any court-ordered remedy, including the distribution of any monetary award.
c. Pursue settlement opportunities and other litigation strategies, if appropriate.
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 the District of Columbia Public Schools timely pays providers that serve class members.
a. Monitor the DCPS and OSSE payment system by reviewing invoice and dispute documentation and participating in provider dispute hearings.
b. Collaborate with the defendants to develop an exit plan and possible settlement agreement to resolve the payment aspects of the case.
c. As the District endeavors to resume operation of the Division of Transportation, monitor its progress to ensure that class members continue to receive adequate transportation services. Continue to meet with the Transportation Administrator at least every 6 months.
d. Continue to ensure that non-public providers of special education services 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.
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 twenty (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.