Rights Advocate (RA)

Introduction

In 1999 the Department of Developmental Services (DDS) entered into an Interagency Agreement with the SCDD to provide rights advocacy services at DDS state-operated facilities.

What are the responsibilities of the RA?

The CRA is responsible for ensuring that the rights of each resident of a DDS state-operated facility are guaranteed, protected, and asserted.

What are “individual rights”?

Like all residents of the United States and California, people with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals (Lanterman Act § 4502). These rights, including the right to advocacy services, are clearly stated in Title 17 § 50510 and have been incorporated into the DDS state-operated facility’s policies.

What are the rights of people living in residential care (under Title 17 § 50510)?

1. To keep and be allowed to spend one’s own money for personal and incidental needs.
2. To keep and wear one’s own clothing.
3. To keep and use one’s own personal possessions including toiletry articles.
4. To have access to individual storage space for one’s private use.
5. To see visitors each day.
6. To have reasonable access to telephones, both to make and receive confidential calls, and to have calls made for one upon request.
7. To make and receive unopened correspondence and to have ready access to letter-writing materials, including sufficient postage in the form of United States Postal Stamps.
8. To refuse electroconvulsive therapy (“ECT”).
9. To refuse behavior modification techniques which cause pain or trauma.
10. To refuse brain surgery.
11. Other rights as specified by administrative regulation of any federal, state, or local agency.

Rights #1-7 may be denied under certain circumstances. Ask the RA for help if you think a right has been denied.

What kinds of issues could involve the RA?

• The RA is mandated to investigate all suspected rights violations under Title 17 and the Lanterman Act.
• The RA can provide assistance or representation to ensure the resident’s right to due process.
• The RA monitors and reviews the facilities’ denial of rights.
• The RA provides training and information to center staff, residents and family members on rights.

Who can contact the Rights Advocate?

Anyone who has a question, complaint or problem can call the RA. This could be a resident; their family; advocates; staff; conservators; regional center representatives; or concerned community members.

To obtain a copy of a current or prior report, please contact Holly Bins, RAP Manager at holly.bins@scdd.ca.gov.

Volunteer Advocacy Services (VAS)

Background

Since 1997, SCDD has had an Interagency Agreement with the Department of Developmental Services (DDS) “for the purpose of providing advocacy resources to individuals residing at state-operated facilities who have no involved families or legal conservators.” RAP provides continuous advocacy while a person lives in a DDS state-operated facility and for up to two years after they move into the community, working with Volunteer Advocates to help ensure a smooth and successful transition.

What is the role of the VAS Coordinator?

• Provide advocacy assistance to individuals residing in and transitioning from DDS state operated facilities. This includes attending IPPs/transition meetings and advocating for services and supports.
• Recruit, train, and monitor the activities of the volunteer advocates to assist the individuals.
• Evaluate proposed community placements for appropriateness.

What is the role of the Volunteer Advocate?

• Develop familiarity with the individual by visiting at least three hours monthly, reviewing the clinical record, interacting with staff and through additional means as appropriate.
• Represent the interests and wishes of the person they are matched with, to the extent that the person is unable to act for him or herself. Attend annual/semi-annual Individual Program Plan (IPPs) and special IPPs when possible.
• Report to VAS Coordinator concerns, needs and desires of individuals via visit forms, and submit monthly stipend.
• Applicants are expected to visit at least three hours a month with the individual and commit to the program a minimum of six months.

How can I apply to be a Volunteer Advocate?

Applicants will be screened for appropriateness and have background checks, including fingerprints, conducted prior to participation. A stipend of $140 per month per resident served will be provided. If you are interested in becoming a Volunteer Advocate, please contact the Coordinator (below) located in the area you wish to volunteer.

To obtain a copy of a current or prior report, please contact Holly Bins, RAP Manager at holly.bins@scdd.ca.gov.