Statement of Objectives and Priorities

Protection and Advocacy of Individual Rights

Approved by the Board of Directors on February 6, 2023

Missouri Protection and Advocacy Services (Mo P&A) will conduct its activities in the Protection and Advocacy of Individual Rights (PAIR) program 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 PAIR priorities outlined on the pages that follow reflect our best understanding of the overall goals as expressed by consumers, their families, professionals in disability-related fields, and others in Missouri’s disability community. It is the mission of Missouri Protection and Advocacy Services, working through the PAIR program, to ultimately achieve these goals in conjunction with consumers, their families, and the disability community at large.

The role of Missouri Protection and Advocacy Services is necessarily limited by its resources. Funding for the PAIR 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 Missouri Protection and Advocacy Services’ Board of Directors believes can be reasonably achieved with the funding provided.

When an eligible client has a problem that meets one of the priorities in which individual case representation is included as an objective, Missouri Protection and Advocacy Services will open the case. The range of services available within the agency to achieve 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 below,
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 only after exhaustion of all administrative remedies, if such remedies might adequately resolve the individual’s complaint within a reasonable time.

Regardless of any change in priorities from one year to the next year, Mo P&A will continue to deliver agreed upon advocacy and legal services to all open cases until resolution of the issues.

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.

For inmates in correctional facilities, Mo P&A provides or legal services in medical-related cases only when an inmate is denied access to the correctional facility’s medical system. Mo P&A does not contest prescriptions, treatments, or medical procedures ordered by a duly-licensed medical practitioner. This includes a medical practitioner’s reasonable decision to deny an inmate’s choice of a preferred treatment when the inmate has access to the correctional facility’s medical system.

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

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

Objective: Advocacy, Legal, and Investigation Services

Mo P&A will provide advocacy or legal representation (where necessary) for allegations of disability-related violations of rights, where probable cause exists to believe that a violation has occurred and a remedy is available.

Mo P&A may conduct an investigation for allegations of abuse and/or neglect of a person with a disability where there is a potential for loss of life or serious bodily or mental harm, where there is probable cause to believe abuse and/or neglect occurred.

Acceptance for Individual Representation Criteria

Mo P&A will accept cases where the potential for creating a beneficial, state-wide change is greatest. Potential cases will be reviewed for systemic impact and the potential for achieving a positive change.
In instances of disciplinary exclusion from school, Mo P&A will not provide advocacy or legal representation to students with disabilities who have committed an act of violence resulting in serious injury or death to another person.
Mo P&A will not provide advocacy or legal representation in any case where the desired remedy includes placement in a more restrictive educational setting.
For the purpose of reasonable accommodations, Mo P&A will only represent individuals who have a medically-documented disability where there is a refusal to provide the appropriate accommodations for the individual’s disability.

Potential Interventions in Individual Representation

Mo P&A will undertake education, negotiation, mediation, and/or litigation on behalf of individuals and/or classes of persons with disabilities whose rights under federal, state, and local laws have been violated.
Mo P&A will provide negotiation, mediation, assistance at IEP meetings, resolution conferences, Due Process Hearings, and litigation in a court of law as necessary.
Mo P&A may provide advocacy and/or litigation on behalf of individuals and/or classes of persons with disabilities whose rights have been abridged or violated.

Priority #2 - Benefits Denial

Individuals with disabilities need assistance in gaining access to those benefits for which they are eligible in order to remain in the community.

Objective: Case Reviews & Hearings

Individuals with disabilities who have been denied benefits, or who have not been provided an appropriate level of benefits by a governmental agency, and who need assistance in evaluating the merits of their case, will be provided advocacy services, and/or legal representation.

Key Outcome Measures - Mo P&A will:

Comprehensive Evaluations: Conduct a comprehensive evaluation (where necessary) using a standardized survey instrument for individuals with a disability who have been denied benefits, or who have not been provided an appropriate level of benefits.
Hearings and Appeals: Provide legal representation for consumers appealing adverse determinations.

Acceptance for Individual Representation Criteria

Mo P&A will accept a limited number of cases in which a person with a disability 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 legal representation, in cases that have yet to reach the adjudication and review level.

Potential Interventions in Individual Representation

Technical assistance and/or representation before an administrative adjudication or review tribunal, and appeals therefrom, as appropriate.

Priority #3 - Systemic Initiatives

Monitoring system change activities that affect the lives of, and services provided to, individuals with a disability.

Objective: Service System Monitoring

Mo P&A will monitor changes to, and implementation of, the state service delivery provisions and Medicaid to determine the impact on persons with a disability, to ensure the State of Missouri provides individuals with disabilities appropriate supports and services to enable them to remain in the community.

Acceptance for Individual Representation Criteria

This priority may entail representation of individuals or groups.

Priority #4 - Significant Impact

Individuals with a disability may need advocacy or legal services when a disability-related issue(s), not addressed in the current PAIR 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 a disability 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 a disability 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 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 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.