Statement of Objectives and Priorities

Protection and Advocacy for Individuals with Intellectual and Developmental Disabilities

Approved by the Board of Directors on November 30, 2021

The Missouri Protection and Advocacy Services (Mo P&A) Board of Directors is proposing to conduct the Protection and Advocacy for Individuals with Intellectual and Developmental Disabilities (PADD) program activities according to the priorities and objectives established in this document. These priorities will govern both individual case representation and systemic projects as indicated within each priority area.

The PADD priorities outlined on the sections that follow reflect our best understanding of the overall goals as expressed by consumers, their families, professionals in the field of intellectual and developmental disabilities, and others in Missouri’s developmental disability community.

The role of Mo P&A is necessarily limited by its resources. Funding for the PADD program is derived from a funding formula established in federal law. The objectives, case acceptance criteria and potential intervention strategies listed in each priority define what the Mo P&A Board of Directors believe can be reasonably achieved with the funding provided.

Mo P&A will open a case when an eligible client has a problem that meets one of the priorities in which individual case representation is included as an objective. The range of services available within the agency to leverage toward a specific outcome is subject to any limitations that may be stated in the case acceptance criteria, after considering:

The wishes of the client,
The merits of the case,
Any limitations on interventions noted in the sections titled Acceptance for Individual Representation Criteria or Potential Interventions in Individual Representation under each priority,
The availability of other services to which the client may be entitled, or that are readily available, and might appropriately be utilized to address the individual’s problem, and
Funding and personnel available within the program.

It is the policy of Mo P&A to use the lowest possible level of intervention to resolve an issue. This includes exhausting all administrative remedies.

Requests for legal representation in a court of law are referred to the Litigation Review Committee. Litigation will be pursued after exhaustion of all administrative remedies, if such remedies might adequately resolve the individual’s complaint within a reasonable time.

Individual Assistance & Legal Representation Limitations

Mo P&A does not duplicate advocacy or legal services, where legal or advocacy services are already being provided to current clients or applicants of this agency, by other attorneys, or private individuals.

Attorneys for Mo P&A do not represent individuals with disabilities in criminal cases or divorce proceedings. Individuals accused of a crime have a right a right to representation in a court of law. Therefore, if an individual cannot afford an attorney, the court will appoint a public defender or private attorney (pro bono) to represent them.

Priority #1 - Abuse, Neglect, and Violation of Rights

Individuals with intellectual and developmental disabilities will not be subject to abuse, neglect, or violation of rights.

Objective: Investigations & Advocacy Services

Mo P&A will conduct an Imminent Danger Investigation for every allegation of abuse and/or neglect of an individual with intellectual and developmental disabilities where there is a potential for loss of life or serious bodily or mental harm, a primary/secondary investigation or advocacy case for allegations of abuse and/or neglect, and a primary/secondary Death Investigation for every report of death where there is probably cause to believe abuse and/or neglect occurred. Mo P&A will provide advocacy services and legal representation (where necessary) for complaints where probably cause exists to believe that disability-related rights have been violated and a remedy is available.

Acceptance for Individual Representation Criteria

Mo P&A will accept cases alleging abuse in, but not limited to, private and public hospitals, correctional facilities, private residential settings, and community residential care and treatment placements, et cetera.

Potential Interventions in Individual Representation

If a client seeks an investigation that should appropriately be performed by a licensing agency, then a supervised referral will be made. This could be either the exclusive intervention or an intervention undertaken in conjunction with other services, depending upon what relief the client seeks. Other interventions that Mo P&A will explore are: grievances, licensing complaints, and litigation.

Where Mo P&A is not in a position to conduct a full investigation due to a conflict of interest (for example, a case involving two Mo P&A clients alleging client-to-client abuse against each other), Mo P&A will make referrals to other appropriate investigative agencies.

Mo P&A will accept cases where the potential for creating a beneficial statewide change is greatest. Focus areas will include inappropriate placements in more restrictive settings and violation of the rights of a ward by a guardian.

Priority #2 - Education

Children with intellectual and developmental disabilities will not be excluded from school or inappropriately placed in non-integrated education placements, thereby enabling children with developmental disabilities to access the full range of educational services and experiences available to children without developmental disabilities.

Objective: Inclusion, Denial of Services under 504 and IDEA, & Inappropriate Discipline

Mo P&A will provide advocacy and legal representation (where necessary) for complaints where students with intellectual and developmental disabilities need assistance with the planning, developmental and/or implementation of an Individualized Education Program (IEP) which provides appropriate services in an inclusive environment, and where students are subject to inappropriate discipline, suspension, or expulsion because of their disabilities.

Acceptance for Individual Representation Criteria

Mo P&A will accept cases in which a child with intellectual and developmental disabilities has been excluded from school or inappropriately placed in non-integrated placements.
Mo P&A will not provide advocacy or representation in cases involving failure to implement an existing IEP unless the failure to implement an IEP is so egregious as to cause serious harm to the educational development of an eligible child or the issues in the case are of such merit that to prevail in such a case would significantly change Missouri's system of delivering educational services.
In instances of disciplinary exclusion from school, Mo P&A will not provide advocacy or representation to children who have committed an act of violence resulting in serious injury or death to another person.
Mo P&A will not provide representation in criminal or juvenile court proceedings, even though exclusion from school or placement in a non-integrated setting may result therefrom.
Mo P&A will not provide advocacy or representation in any case where the desired remedy includes placement in a more restrictive setting.

Potential Interventions in Individual Representation

Mo P&A will engage in negotiation, resolution conferences, IEP meetings, administrative hearings, and litigation if necessary.

Priority #3 - Denial of Services or Benefits Appeals

Individuals with intellectual and developmental disabilities who need assistance in gaining access to services or benefits for which they are eligible, in order to remain in the community, should not be denied needed and appropriate services.

Objective: Eligibility & Services

Individuals with intellectual or developmental disabilities who have been deemed ineligible, denied benefits, or who have not been provided an appropriate level of benefits, that enable the client to be included in the community, will be provided advocacy services, and/or legal representation (where necessary). Mo P&A will provide assistance for complaints involving denial of eligibility or appropriate services.

Acceptance for Individual Representation Criteria

Mo P&A will accept a limited number of cases in which a consumer has been denied benefits, or has not been provided an appropriate level of benefits.
Mo P&A will provide Information and Referral services or advocacy services, but not representation, in cases that have yet to reach the adjudication and review level.

Potential Interventions in Individual Representation

Advocacy and/or legal services on behalf of individuals and/or classes of persons before an administrative adjudication or review tribunal, and appeals therefrom, as appropriate.

Priority #4 - Information, Referrals, and Assistance Services

Individuals with intellectual and developmental disabilities need information, referral, and assistance to gain access to the full range of benefits, services, and experiences which foster active consumer participation and self-advocacy that afford real choices in independence, productivity, integration, and inclusion.

Objective: Information, Referral, and Assistance

Mo P&A will provide information, referral, and assistance services to callers and assist them in developing self-advocacy skills.

Acceptance for Individual Representation Criteria

This priority does not entail direct representation of individuals and constitutes less than one hour of assistance per person.

Priority #5 - DD Network Partner Collaboration Systemic Initiatives

Initiatives that foster active consumer participation and self-advocacy in the design of the service delivery system wherein consumers are afforded real choices in independence, productivity, integration, and inclusion shall be supported.

Objective: Service System Monitoring

Mo P&A will monitor and seek changes to Missouri’s:

Sheltered workshop employment practices,
DESE state school operations, and
DMH habilitation center operations.

Acceptance for Individual Representation Criteria

This priority may involve legal representation of individuals or groups.

Priority #6 - Significant Impact

Individuals with intellectual and developmental disabilities may need advocacy or legal services when a disability-related issue(s) not addressed in the current PADD priorities may have a significant negative or detrimental impact on their life.

Objective #1: Serious Harm

Provide advocacy or legal representation (where necessary) to individuals with intellectual and developmental disabilities to ensure that they are not seriously harmed by disability-related issues that may have a significant negative impact on their life.

Objective #2: Disaster Relief & Services

Address the unique needs of individuals with intellectual and developmental disabilities during disasters in our State, including but not limited to: pandemics, floods, tornadoes, earthquakes, wildfires, and civil unrest. Assistance may be provided to ensure that individuals are receiving appropriate services for both physical and emotional distress.

Acceptance for Individual Representation Criteria

Mo P&A will accept a limited number of disability-related cases (as funding allows) in which a person with a developmental disability is confronting an issue that places them at risk of serious harm in their life.
Mo P&A will accept a limited number of disability-related cases in which a person with a developmental disability has been denied disaster relief or services.
The Executive Director shall make the decision to provide services under this priority.

Potential Interventions in Individual Representation

Mo P&A will accept a limited number of cases for advocacy or legal representation.