ICF Advocates for Choice

Choice without Boundaries

The Developmental Disabilities and Bill of Rights Act of 1975 (DD Act), which is administered by Administration for Community Living (ACL), created four programs  -DD Act programs include: (1) Protection and Advocacy System for Persons with Developmental Disabilities (PADD), (2) State Councils on Developmental Disabilities (CDD), (3) University Centers for Excellence in Developmental Disabilities (UCEDD) and (4) Projects of National Significance (PNS). DD Act programs operate in every state.  The DD Act and its programs were last reauthorized for a period of seven (7) years in 2000 (Public Law 106-402- October 30, 2000).

The Administration for Community Living (ACL) uses its resources and allows the DD Act programs to undermine and eliminate the Medicaid intermediate care program (ICF) for persons with intellectual and developmental disabilities (ICF/I-DD).   Our loved ones, who are medically complex and behaviorally challenged require intensive supports and 24-hour nursing care and close supervision, but ACL – an agency of Health & Human Services—is effectively working to remove vitally needed health care from our medically and neurologically complex individuals.

ACL permits the DD Act Protection and Advocacy Systems for Persons with Developmental Disabilities (PADD) to initiate class action lawsuits sweeping thousands of at-risk persons into litigation that is directly counter to their health, safety and welfare. ACL approves such “systemic litigation” as an “intervention strategy.” It is wrong to use our own tax dollars to force innocent individuals into federal litigation that seeks to undermine their own health care and residential supports against the will of their loving families and guardians.  

The ACL and its programs work to eliminate the model of healthcare and residential supports which families know is vitally required for our at-risk loved ones and they ignore key provisions in the DD Act which support the role of families as primary decision-makers for services and supports for their family members with disabilities. 

The ACL ignores the following key provision:

(c) POLICY

It is the policy of the United States that all programs, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that

. . .

(3) individuals with developmental disabilities and their families are the primary decision makers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decision-making roles in policies and programs that affect the lives of such individuals and their families;

Title I, Sec.101

Public Law 106-402 Developmental Disabilities Assistance and Bill of Rights Act of 2000.

Protection & Advocacy Transparency Amendment

At long last, a courageous Ohio Senator, concerned by reports from families that Disability Rights Ohio was speaking to family members without the guardians present has  added an amendment (SC 3841 - Omnibus Oversight Language) to the state budget that calls for oversight of DRO.  This bill creates an oversight committee on DRO actions.

"Sec. 5123.603. (A) Every two years, the president of the

6 senate and speaker of the house of representative shall

7 establish a joint committee to examine the activities of the

8 state's protection and advocacy system and client assistance

9 program.