Disability Rights Washington

DRW ADVOCATES TO ADVANCE THE DIGNITY, EQUALITY, & SELF-DETERMINATION OF PEOPLE WITH DISABILITIES.

IN 2021, DRW'S PADD PROGRAM PROVIDED ADVOCACY SERVICES TO 41 GROUPS, WITH THE POTENTIAL OF IMPACTING 298,340 PEOPLE WITH DEVELOPMENTAL DISABILITIES. 54 PEOPLE OBTAINED INDIVIDUAL ADVOCACY SERVICES AND 32 PEOPLE OBTAINED INFORMATION AND REFERRAL SERVICES. 675 PEOPLE BENEFITED FROM INVESTIGATIONS AND 30,500 PEOPLES' RIGHTS WERE ADVANCED THROUGH CLASS AND/OR SYSTEMIC IMPACT LITIGATIONDISABILITY RIGHTS WASHINGTON (DRW) FILED A LAWSUIT ON BEHALF OF ITSELF, THREE NAMED PLAINTIFFS, AND HUNDREDS OF SIMILARLY SITUATED FOSTER CHILDREN WITH BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES WHOM THE STATE WAS SHUTTLING FROM HOTELS TO STATE OFFICES TO OTHER ONE-NIGHT STAYS, "ESSENTIALLY RENDERING THEM HOMELESS FOR EXTENDED PERIODS OF TIME." IN JUNE 2021, FEDERAL JUDGE ROTHSTEIN RULED IN A PRELIMINARY INJUNCTION THAT WA DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES MUST END ITS PRACTICE OF FORCING YOUTH IN FOSTER CARE TO SLEEP IN UNLICENSED AND UNSAFE SETTINGS AND REQUIRED THE STATE TO DEVELOP A PLAN BY SEPTEMBER 1, 2021 TO END ALL PLACEMENT EXCEPTIONS. AS A RESULT, APPROXIMATELY 200 YOUTH WITH DISABILITIES ARE IN LESS ABUSIVE AND NEGLECTFUL CONDITIONS AND HAD ADDITIONAL RIGHTS TO COMMUNITY PLACEMENT EXPANDED. LITIGATION WILL MOVE FORWARD IN YEARS TO BUILD ON THE INITIAL SUCCESSES AND SECURE LASTING REFORMS.DRW HELPED A MAN WITH A DEVELOPMENTAL DISABILITY LEAVE A SUB-STANDARD, STATE-RUN INSTITUTION TO LIVE IN THE COMMUNITY. PREVIOUSLY, THE MAN LIVED IN THE COMMUNITY WITH INTENSIVE AROUND THE CLOCK SUPPORTS, BUT HIS PROVIDER TERMINATED SERVICES, AND HE WAS ADMITTED TO A LARGE SEGREGATED STATE-RUN INSTITUTION THAT IS OUT OF COMPLIANCE WITH MINIMUM FEDERAL STANDARDS OF CARE. THE MAN DID NOT WANT TO LIVE IN THE INSTITUTION AND ASKED DRW FOR HELP. SINCE NO PRIVATE COMMUNITY PROVIDER AGREED TO SERVE HIM, HE SOUGHT SERVICES FROM THE STATE OPERATED LIVING ALTERNATIVE (SOLA) PROGRAM, WHICH IS A STATE-RUN VERSION OF THE SAME COMMUNITY SERVICES. DRW ADVOCATED FOR HIS DISCHARGE, EXPLAINING THE STATE'S OBLIGATION TO PROVIDE THE CLIENT WITH PERSON-CENTERED SERVICES THAT REFLECT HIS STRENGTHS, NEEDS, AND PREFERENCES, AND THE STATE AGREED TO OFFER SERVICES THROUGH ITS SOLA PROGRAM. OVER THE NEXT SEVERAL MONTHS, A DRW ATTORNEY ATTENDED TRANSITION PLANNING MEETINGS TO SUPPORT THE CLIENT'S ADVOCACY AND ENSURE PROGRESS. THE CLIENT WAS DISCHARGED AND PLEASED WITH HIS NEW HOME, AND SHORTLY AFTER MOVING, THE CLIENT STARTED WORKING WITH A JOB COACH TO GET A JOB IN THE COMMUNITY.

IN 2021, DRW'S PAIMI PROGRAM PROVIDED ADVOCACY SERVICES TO 184 GROUPS, WITH THE POTENTIAL OF IMPACTING 690,483 PEOPLE WITH DEVELOPMENTAL DISABILITIES. 301 PEOPLE OBTAINED INDIVIDUAL ADVOCACY SERVICES, 262 OBTAINED TRAINING AT 13 EVENTS AND 337 OBTAINED SELF-ADVOCACY ASSISTANCE. THROUGH THE CONTINUED ENFORCEMENT OF ITS GROUNDBREAKING LAWSUIT, TRUEBLOOD, DRW ADVOCATED FOR A INCREASE IN HOUSING FOR PEOPLE WITH SIGNIFICANT MENTAL ILLNESS WHO WOULD OTHERWISE BE WAREHOUSED IN LOCAL JAILS. IN PAST YEARS, DRW HAD WON A TRIAL IN WHICH WE DEMANDED SWIFT ASSESSMENTS AND ACCESS TO HOSPITAL PLACEMENTS FOR PEOPLE HELD IN JAIL FOR A LACK OF COMPETENCE TO STAND TRIAL. IN PREVIOUS YEARS THE STATE HAD RACKED UP NEARLY $90 MILLION IN CONTEMPT AND WAS NOWHERE NEARER TO COMPLYING WITH THE COURT ORDER. IN 2018, THE COURT APPROVED A SETTLEMENT OF THE STATE'S WIDESPREAD CONTEMPT THAT AGGRESSIVELY OVERHAULS COMMUNITY AND INPATIENT SERVICES. DRW WITH THE COURT MONITOR CONTINUES TO ADMINISTER THESE FUNDS TO DIVERSION PROGRAMS AND PROVIDES OVERSIGHT. $20 MILLION IN CONTEMPT MONEY IS BEING SPENT TO GENERATE HOUSING FOR INDIVIDUALS AS QUICKLY AS POSSIBLE. AS A RESULT, CLASS MEMBERS, WHO ARE DISPROPORTIONATELY BIPOC, WILL BE ABLE TO OBTAIN SUPPORTIVE HOUSING.DRW AND ITS ADVOCACY PARTNERS SUCCESSFULLY HELD BACK AN ATTEMPT BY MEDIA AND ANTI-TRANSGENDER ADVOCACY GROUPS TO USE FACIALLY NEUTRAL PUBLIC DISCLOSURE LAWS TO VIOLATE THE CONSTITUTIONAL RIGHTS OF TRANS PEOPLE HELD IN PRISON, PEOPLE WHO ARE PREDOMINANTLY BIPOC AND MOST IF NOT ALL OF WHOM HAVE DISABILITIES INCLUDING SIGNIFICANT MENTAL ILLNESSES. THESE GROUPS TRIED TO GAIN INFORMATION VIA A PUBLIC RECORDS ACT REQUEST SENT TO THE WASHINGTON DEPARTMENT OF CORRECTIONS (DOC) ABOUT THE IDENTITY,CLINICAL AND PERSONAL NEEDS OF TRANS PEOPLE IN PRISON IN ORDER TO USE THE INFORMATION TO OUT THE IDENTITIES OF ALL TRANS INDIVIDUALS HELD IN PRISON. DRW WITH CO-COUNSEL QUICKLY FILED A LAWSUIT BEFORE DOC RESPONDED TO THE REQUEST. THE COURT GRANTED A TEMPORARY RESTRAINING ORDER TO STOP THE IMMINENT RELEASE OF PERSONAL INFORMATION AND SUBSEQUENTLY GRANTED A PRELIMINARY INJUNCTION AND CERTIFIED A PROVISIONAL CLASS OF CURRENTLY AND FORMERLY INCARCERATED PERSONS IDENTIFIED AS TRANSGENDER BY THE DOC, PROTECTING THE RIGHTS OF 72 PEOPLE, MOST IF NOT ALL OF WHOM HAVE DISABILITIES INCLUDING SIGNIFICANT MENTAL ILLNESS. THE PRELIMINARY INJUNCTION IS CURRENTLY ON APPEAL IN THE 9TH CIRCUIT.

THE LEGISLATURE CREATED THE OFFICE OF DEVELOPMENTAL DISABILITIES OMBUDS PROGRAM (DD OMBUDS) IN RESPONSE TO ABUSIVE AND NEGLECTFUL CONDITIONS FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. IN 2021, THE DD OMBUDS PROVIDED COMPLAINT RESOLUTION, MONITORING, OUTREACH AND TRAINING, AND SYSTEMIC POLICY WORK. DUE TO THE PANDEMIC, WE COULD NOT HOLD IN-PERSON EVENTS, BUT WE STILL REACHED MORE THAN 400 PEOPLE ACROSS THE STATE TO TALK ABOUT OUR SERVICES, SHOW VIDEOS ABOUT THE DD OMBUDS AND SELF-ADVOCACY, AND PROVIDE PRESENTATIONS ABOUT RIGHTS AND RESPONSIBILITIES.COMPLAINTS: DD OMBUDS CONDUCTED 124 NEW INDIVIDUAL COMPLAINT INVESTIGATIONS AND 137 MONITORING VISITS ACROSS THE STATE TO REVIEW FACILITIES, RESIDENCES, AND PROGRAMS WHERE PEOPLE WITH DEVELOPMENTAL DISABILITIES OBTAIN SERVICES. COMPLAINTS MAY RELATE TO ABUSE, NEGLECT, EXPLOITATION, THE QUALITY OF SERVICES, OR ACCESS TO SERVICES. IN RESPONSE TO A COMPLAINT, THE DD OMBUDS MAY TAKE STEPS TO RESOLVE THE ISSUE BY TALKING WITH OTHERS INVOLVED, MONITORING A FACILITY OR RESIDENCE, RESEARCHING DDA POLICIES OR PRACTICES, REVIEWING RECORDS, AND INTERVIEWING WITNESSES OR ADVOCATING ON BEHALF OF AN INDIVIDUAL OR GROUP TO RESOLVE A COMPLAINT. AS ONE EXAMPLE, THE DD OMBUDS RECEIVED A COMPLAINT ABOUT A PERSON READY TO DISCHARGE FROM THE HOSPITAL TO REHABILITATION BECAUSE THEY WERE NOT READY TO GO HOME. THEIR PARTNER, WHO ALSO HAS A DISABILITY, NEEDED SUPPORT TO FIND RESOURCES, AND THE STATE WAS NOT PROVIDING THE HOSPITAL WITH INFORMATION. THE DD OMBUDS COORDINATED CALLS WITH STATE AGENCIES, THE PERSON, AND THE HOSPITAL TO DISCUSS DISCHARGE LOCATIONS AND NECESSARY SERVICES. AS A RESULT, THE PERSON WAS ENROLLED IN THE ROADS TO COMMUNITY LIVING PROGRAM, AND MEANINGFUL DAY, AND SHE QUALIFIED FOR THE TRANSITION INCENTIVE OF $3,000 TO ADULT FAMILY HOMES TO MOVE PEOPLE OUT OF HOSPITALS. SHE NOW LIVES IN AN ADULT FAMILY HOME AND IS ABLE TO SEE HER PARTNER.SYSTEMIC CHANGE HIGHLIGHTS: IN RESPONSE TO A REPORT WE PUBLISHED LAST FISCAL YEAR, "IMPROVING SERVICES FOR YOUTH WITH INTELLECTUAL/DEVELOPMENTAL DISABILITIES IN FOSTER CARE" WITH RECOMMENDATIONS FOR IMPROVED SYSTEMS, CHANGES HAVE OCCURRED IN THE FOSTER CARE SYSTEM. ADDITIONALLY, THE DD OMBUDS IDENTIFIED INSTANCES WHERE SERVICE PROVIDERS WERE NOT PROPERLY TRAINED IN DIGNITY AND RESPECT, PERSON CENTERED THINKING, AND RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES AND RAISED THESE CONCERNS WITH THE DEVELOPMENTAL DISABILITIES ADMINISTRATION (DDA). IN 2021 DDA CONVENED A GROUP OF STAKEHOLDERS TO REVIEW THE TRAINING, AND THE DD OMBUDS IS WORKING WITH SELF-ADVOCATES, SERVICE PROVIDERS, AND TRAINERS TO UPDATE IT.REPORTS: THIS FISCAL YEAR THE DD OMBUDS PUBLISHED A REPORT ON THE COMMUNITY PROTECTION PROGRAM, "NO WAY OUT AN INTRODUCTION TO THE COMMUNITY PROTECTION PROGRAM," WHICH IDENTIFIED FIVE AREAS OF CONCERNS AND RECOMMENDATIONS TO ADDRESS THEM.TRAININGS: THE DD OMBUDS REACHED 483 PEOPLE THROUGH PRESENTATIONS AND OUTREACH AT 20 EVENTS WITH INFORMATION ABOUT ITS SERVICES, TRAININGS ON TOPICS SUCH AS HOW TO NAVIGATE THE SERVICE SYSTEMS, SELF-ADVOCACY AND PROBLEM SOLVING, AND RESPONDING TO ABUSE, NEGLECT, AND SEXUAL ASSAULT. A NEW LAW WAS PASSED IN 2020, LISTING ALL CLIENT RIGHTS IN ONE LAW AND ESTABLISHING CERTAIN RIGHTS FOR DDA CLIENTS, BUT INFORMATION ABOUT THE LAW WAS NOT WIDELY SHARED. THE DD OMBUDS WORKED WITH SELF-ADVOCATES TO CREATE VIDEOS IN MULTIPLE LANGUAGES EXPLAINING THE NEW LAW ON CLIENT RIGHTS. THE VIDEOS ARE NOW USED IN MULTIPLE TRAININGS TO EDUCATE PEOPLE ABOUT THEIR RIGHTS AND HOW TO REPORT IF RIGHTS ARE BEING VIOLATED.