INSTITUTIONAL PRIORITIES

Priority #1:     Reduce the incidence of abuse and neglect by increasing the awareness of individuals with disabilities in facilities and residential programs of their rights to be free from abuse and neglect and by improving the quality of investigations of abuse and neglect conducted by agencies and service providers.

Rationale:      Many individuals with disabilities in facilities and residential programs, including children and adolescents, are not fully aware of their rights to be free from abuse and neglect. Additionally, many of those who are aware that they do have rights do not understand the often complicated processes to have their allegations investigated and remedied. Virtually all allegations of abuse and neglect of individuals with disabilities are investigated by involved government agencies and service providers that lack independence and impartiality. In addition, because of budget reductions, resources and expertise devoted to investigating abuse and neglect may be insufficient.

Priority #2:     To reduce or eliminate the use of restraint and seclusion in adult psychiatric public facilities and to ensure that use of restraint and seclusion in facilities conforms with state law, federal law and administrative regulations.

Rationale:      The Massachusetts Department of Mental Health is one of eight states to receive a significant grant from SAMHSA to eliminate the use of restraint or seclusion in adult public facilities in Massachusetts. DLC staff will play an important advisory role in this project whose ultimate goal is the elimination of the use of restraint in adult public psychiatric facilities.

Priority #3:     To increase the number of individuals with disabilities, including children and adolescents, who have adequate discharge planning resulting in access to community placement with appropriate supports.

Rationale:      Hundreds of individuals in Massachusetts with disabilities who reside in facilities and residential programs are receiving inappropriate or inadequate discharge planning services which prevents them from living in the community with access to the services and supports that they need.

Priority #4:     To ensure that individuals, including children and adolescents, in facilities and residential programs are not discriminated against in the exercise of their rights, including the Five Fundamental Rights, or in the process of granting or denying “privileges.”

Rationale:      Many individuals residing in facilities and residential programs are not fully aware of their rights or do not feel empowered to seek enforcement of those rights.

Priority #5:     To ensure the rights of individuals who reside in facilities and residential programs to fully participate and exercise leadership in decisions about their care and treatment.

Rationale:      Individuals who reside in facilities and residential programs are often unaware of their right to participate in treatment decisions or do not feel empowered to exercise that right.

Priority #6:     To increase the availability of individual advocacy resources to individuals, including children and adolescents, in facilities and residential programs.

Rationale:      There are limited advocacy resources available to individuals with disabilities, including children and adolescents, who reside in facilities and residential programs.

Priority #7:     To ensure that individuals who are inpatients in public or private institutions have access to fresh air.

Rationale:      Many individuals are committed voluntarily or involuntarily to public or private psychiatric facilities are prevented from having access to fresh air while they are hospitalized. Grass roots advocates have asked DLC to assist them in making Access to Fresh Air a right that all inpatients have while they are hospitalized.

Priority #8:     To ensure that individuals who reside in public facilities have the opportunity to register and exercise their right to vote either in person or by absentee ballot.

Rationale:      Congress has made it clear through the passage of the Help Americans Vote Act (HAVA) that all adults, including individuals who reside in public facilities, should have the opportunity to exercise their right to vote. People in public facilities are often not aware that they retain their right to vote while residing in a mental health facility.

Priority #9:     Ensure that individuals, including children and adolescents, in facilities and residential programs, and their families and program staff are knowledgeable about their social security benefits.

Rationale:      Many people who reside in facilities and residential programs are unaware of the impact that hospitalization may have on their benefits and how to restart benefits upon discharge. In addition, individuals and staff many not know about available social security programs such as the Ticket to Work.

Priority #10:   Ensure that people with disabilities in correctional facilities are not placed in segregation units and receive necessary treatment.

Rationale:      Prisoners with psychiatric disabilities are routinely separated from the general population and placed in segregation units often without access to necessary treatment. As a result, these prisoners have difficulty displaying the appropriate behavior required to be returned to the general population.

Priority #11:   Continue to provide direct representation for individuals with TBI in facilities needing legal representation.

Rationale:      Until such time the requests for representation exceed DLC’s capacity, DLC has made a commitment to represent any individual with TBI have a legal issue consistent with DLC’s mission and mandates. DLC a collaborative relationship with Massachusetts Brain Injury Association and will work with MBIA and the larger TBI community to develop priorities for case work when it becomes necessary.

Priority #12 :  Ensure that people in facilities who are Deaf or Hard of Hearing are provided with effective communication in hospitals, health care settings, and when facing commitment and guardianship.

Rationale:       Although the ADA and other federal and state laws require health care providers to provide effective communication, including sign language interpreters, TTYs, and closed-captioned TVs, to people who are Deaf and Hard of Hearing, many such people are denied communication access in health care settings. As a result of the denial, they are severely limited in their ability to communicate with health care providers and may be mis-diagnosed or receive inadequate treatment.