You asked for a description of the duties and responsibilities of the Office and Protection and Advocacy for Persons with Disabilities. You also asked how reports of abuse and neglect of residents of the Connecticut Department of Developmental Services (formerly the Department of Mental Retardation) residential homes are investigated and resolved.

SUMMARY

The Office of Protection and Advocacy for Persons with Disabilities (OPA) is an independent state agency whose purpose is to protect and advocate for the civil rights of people with disabilities of all types. State law authorizes OPA to engage in advocacy, including legal advocacy; various community development and public education activities; information and referral services; and other specified activities.

The office also administers several federal programs and is subject to federal requirements specifically aimed at people with developmental and other disabilities, people seeking rehabilitation services or assistive technology, people with mental illness, and beneficiaries of Social Security Disability Insurance and Supplemental Security Income.

In addition, state law requires OPA to investigate allegations of abuse or neglect by caregivers of people with mental retardation, ages 18 through 59. The law does not require OPA to conduct the investigation itself, just to cause it to be conducted. Limited resources prevent OPA from investigating each allegation directly. OPA investigates allegations involving individuals living at home or otherwise outside of the scope of the Department of Developmental Services (DDS). DDS or its provider agencies generally investigate allegations involving individuals in the DDS system. OPA monitors all investigations that it does not conduct directly. OPA is also responsible for investigating the deaths of DDS clients ages 18 and older that are believed to be caused by abuse and neglect.

OFFICE OF PROTECTION AND ADVOCACY

OPA was established by the legislature in 1977 (PA 77-589) in response to a federal mandate requiring states to create independent protection and advocacy systems for individuals with developmental disabilities. Over time, the federal mandate expanded to include individuals with mental illness and disabilities of all types.

State law specifically authorizes OPA to engage in advocacy, including legal advocacy; investigations of reports of alleged abuse or neglect of adults ages 18 to 59 with mental retardation; investigations of DDS client deaths believed to be caused by abuse or neglect; various community development and public education activities; information and referral services; and other specified activities (CGS §§ 46a-10, 11). A complete list of state and federally mandated programs is enclosed.

Information and Referral Services

OPA's Case Services Unit provides information, referral, and short-term advocacy assistance to people with disabilities, their family members, and other interested parties. According to its 2007 Annual Report, OPA received 12,486 requests for assistance concerning a range of issues including fair housing, personal assistance services, healthcare, education, abuse and neglect, rights violations, and transportation.

Advocacy and Legal Services

OPA's Advocacy and Legal Services Divisions provide advocacy and legal representation for people with disabilities. Advocates provide training on disability-related topics, pursue legal and administrative remedies on behalf of people with disabilities who experience disability-related discrimination, provide legal advice and representation to certain clients, and protect the rights of disabled residents of institutions and community-based residential programs.

In 2007, most individuals who received advocacy or legal representation had psychiatric and intellectual disabilities (OPA, 2007 Annual Report).

Community Outreach and Training Services

OPA provides community outreach and support to community-based disability advocacy organizations. Staff provides public education and sponsors or participates in several training events each year on issues such as OPA programs and services, disability rights, protective services, the Americans with Disabilities Act, and the legislative process.

ABUSE AND NEGLECT INVESTIGATIONS

In addition to the programs and services described above, state law requires OPA to investigate allegations of abuse or neglect by caregivers of people with mental retardation, ages 18 through 59. The law does not require OPA to conduct the investigation itself, just to cause it to be conducted. Limited resources prevent OPA from directly investigating each allegation. Therefore, it oversees DDS or its private providers while they investigate allegations of abuse and neglect of individuals living in DDS facilities.

Investigation protocols are based on a 2005 memorandum of understanding between OPA and DDS the legislature mandated (PA 05-256). According to OPA staff, this memorandum is updated every two years and is expected to be renewed in March of 2008.

The law requires specified professionals and others to report suspected abuse or neglect of people with mental retardation to OPA. When it receives a report, OPA must determine whether the person has mental retardation, is between the ages of 18 and 59, and whether the report warrants investigation.

It is important to note that OPA is only authorized to investigate allegations of abuse and neglect as defined in its authorizing statutes. (CGS § 46a-11a) For example, the definition of abuse does not include psychological abuse or financial exploitation. Therefore, OPA must refer allegations that fall outside its jurisdiction to the appropriate regional DDS office for follow up.

If OPA determines that an investigation is warranted, the law requires all state, local, and private agencies to cooperate in the investigation, including releasing client records (CGS § 46a-11c). OPA designates the agency assigned to conduct the investigation. OPA may assert jurisdiction and investigate any case that falls under its purview at any point in time. However, OPA generally assigns cases as follows.

1. Allegations involving people living at home or otherwise outside the scope of the DDS service system are investigated directly by OPA.

2. Cases involving allegations of abuse and neglect by DDS employees or occurring at DDS facilities are investigated by DDS and monitored by OPA.

3. Cases involving allegations of abuse and neglect by private provider employees or occurring at private provider facilities are investigated by private providers and monitored by OPA and DDS.

4. Cases involving an agency or provider that has a history or pattern of abuse and neglect allegations are directly investigated by OPA. (OPA has an electronic database that tracks abuse and neglect complaints and investigations that allows them to monitor trends on an agency or provider level. )

5. OPA may directly investigate a case at the request of DDS or a provider agency.

Monitoring Investigations

OPA monitors all investigations conducted by DDS. OPA and DDS jointly monitor investigations conducted by provider agencies. Investigations must be completed within 90 days and an investigation report, along with a copy of all witness statements, case notes and relevant documents must be submitted to OPA for review. If OPA or DDS determine it necessary, a case may be investigated further.

Within 60 days of completing the monitoring process, OPA must issue a notice indicating whether it agrees with the investigating agency's findings. OPA must provide a specific rationale when it disagrees with a finding. When DDS or a private provider fails to report findings, OPA can substantiate abuse or neglect against the investigating agency for failure to conduct a timely investigation and request an order of protective services be issued. DDS is responsible for notifying the parent or guardian of the results of an investigation.

If the investigation substantiates abuse or neglect, or if before completing the investigation OPA determines the person is in serious need of immediate protective services, OPA must refer the case to DDS to develop a protective services plan (CGS § 46a-11d).

Investigations of DMR Client Deaths

OPA is also mandated to investigate the deaths of people with mental retardation where DDS has responsibility for direct care and oversight and there is reason to believe that the death may be due to abuse or neglect. OLR Report 2006-R-0275 (enclosed) describes this process in detail.

HYPERLINKS

OLR Report 2006-0275, Investigating Deaths of Department of Mental Retardation Clients, http: //cgalites/2006/rpt/2006-R-0275. htm

Office of Protection and Advocacy for Persons With Disabilities 2007 Annual Report, http: //www. ct. gov/opapd/cwp/view. asp?a=1757&Q=400144&opapdPNavCtr=|#48155.

ND: ts