Protection & Advocacy, Inc.

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Protection & Advocacy, Inc. (PAI) is a Sacramento, California based non-profit agency designated as California’s system to protect and advocate for the rights of persons with disabilities. PAI provides information, referral, short-term and technical assistance and legal representation to people with disabilities and their families and advocates.

PAI operates the Office of Clients’ Rights Advocacy (OCRA) to provide advocacy assistance to consumers of the State's 21 Regional Centers, and the Office of Patients’ Rights (OPR), which provides advocacy services to persons with mental illness confined in State psychiatric hospitals. PAI also provides State-wide support and training to county patient’s rights advocates. PAI is dedicated to "Advancing the human and legal rights of people with disabilities." The agency was originally founded in 1978 and now provides advocacy services under seven federal statutes and two State contracts.

Services available from PAI include:

  • Information and referral to other sources of assistance
  • Peer and self-advocacy services
  • Representation in administrative and judicial proceedings
  • Investigation of abuse and neglect
  • Legislative advocacy
  • Training

Contents

[edit] Origins and mandate

In 1978, PAI became the agency in California responsible for protecting and advocating for the rights of people with developmental disabilities under the federal Developmentally Disabled Assistance and Bill of Rights Act of 1978 (PADD).

The Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI) extended PAI’s mandate to persons with psychiatric disabilities.

The Protection and Advocacy of Individual Rights Act of 1992 (PAIR) extended PAI’s mandate to persons with physical, learning and sensory disabilities.

In 1998, PAI began receiving limited funds under the Protection and Advocacy for Assistive Technology Act (PAAT) to increase access to assistive devices and equipment.

[edit] Services

PAI assists with problems with:

  • Enforcement of rights to basic support, personal care, therapy and healthcare, e.g., Supplemental Security Income (SSI), In-Home Supportive Services (IHSS), Medi-Cal, and California Children’s Services (CCS)
  • Discrimination in housing, transportation, employment, and access to public and private programs and services
  • Abuse, neglect, and rights violations in an institution
  • Least restrictive environment, dignity, privacy, choice, and other basic rights
  • Special education rights
  • Mental health and support services that provide individualized treatment
  • Regional center eligibility and services that promote independence — such as supported living and family supports
  • Access to technology — like communication devices and power wheelchairs

[edit] Individual assistance

In order to assist people in addressing and resolving their problems independently, PAI provides short-term assistance through consultation and by providing advocacy and rights materials, as well as information about procedures and sources of assistance in obtaining and enforcing these rights. PAI provides peer/self-advocacy services consistent with its stated overall goal to support people with disabilities advocating for themselves. Referrals are given to individuals who are not eligible for PAI’s services to other appropriate advocacy resources.

PAI investigates incidents of abuse and neglect if an incident is reported to PAI, or if there is probable cause to believe such an incident occurred. Such investigations focus on serious and systemic incidents within the abuse and neglect priorities identified in this plan, and that involve the failure of other agencies to adequately carry out their investigatory responsibilities.

PAI addresses serious, recurring and systemic rights violations and problems through focused litigation and amicus curiae (friend of the court) briefs. Legal representation is sometimes provided in administrative and judicial proceedings to uphold and enforce the rights of people with disabilities. PAI also provides on-going technical assistance on a partnership basis with the person with a disability and/or their family member or advocate. In this capacity, PAI provides assistance such as legal research, fact-finding or hearing preparation.

Under the Protection and Advocacy for Beneficiaries of Social Security Act (PABSS), PAI provides advocacy assistance to Beneficiaries of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI), and to individuals who are working and are beneficiaries of Medicare, Medi-Cal or In-Home Supportive Services (IHSS) about securing or requiring employment.

In deciding whether PAI can represent individuals directly, the agency considers:

  • Merits of a claim
  • Ability to advocate for oneself
  • Availability of other advocacy sources which could be used
  • Whether or not a problem falls within PAI's priority areas
  • Availability of PAI resources

[edit] Support of community groups

PAI assists people with disabilities to develop grass roots peer/self-advocacy groups in facilities and in the community and hires leaders from disability communities to provide peer/self-advocacy services. These PAI staff members assist their peers to be informed about their legal, service, and human rights, to learn how to exercise their rights to get what they need, to protect themselves from abuse and neglect in the system, and ultimately to become their own best advocates.

The agency provides or participates in select educational and training events and offers education and training about the rights of people with disabilities. Priority for trainings is given to events targeting underserved communities.

[edit] Legislative monitoring and lobbying

PAI monitors and comments on regulations, legislation and policies affecting the rights of, and services for, people with disabilities, and may take positions on or sponsor legislation.

[edit] Funding sources

PAI receives funding through:

[edit] See also

[edit] External links

  • PAI-Ca.org - Protection & Advocacy, Inc. (official website)
  • AkMHCWeb.org - 'Peer/Self-Advocacy Training Manual', Jean Matulis, Protection & Advocacy, Inc. (6th edition, 1998)
  • PsychRights.org - 'Psychiatric Polypharmacy: A Word of Caution', Leslie Morrison, MS, RN, Esq, Paul B. Duryea, Charis Moore, Alexandra Nathanson-Shinn, Stephen E. Hall, MD, James Meeker, PhD, DABFT, Charles A. Reynolds, PharmD, BCPP, Protection & Advocacy, Inc.
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