How Can The PAIMI Program Help You?
Through information and referral.
If you have a complaint of "abuse", which is defined as any act or failure
to act by an employee of a facility that caused or may cause injury or death, such as:
- Inappropriate or excessive medical treatment;
- Inappropriate or excessive physical restraint, isolation or seclusion;
- Physical assault; or
- Verbal abuse.
If you have a complaint of "neglect", which is defined as a negligent act
or omission by any person who is responsible for providing services in a facility which
caused or may cause injury or death, such as:
Failure to provide for appropriate --
- Admission to a residential or inpatient care facility;
- Written treatment plan;
- Discharge planning; or
- Release from the institution.
If you have a complaint of a "rights protection" violation, such as:
- Denial of access to your records;
- Denial of access to information about your rights or to legal assistance;
- Breach of confidentiality; or
- Discrimination in housing or employment based on your psychiatric disability.
All communications will be kept confidential.
Client Assistance Program (CAP)
...ADVISES YOU of your rights and responsibilities in the process of obtaining
rehabilitation services funded under the Rehabilitation act of 1973, as amended.
...ASSISTS You in your relationship with projects, and community rehabilitation
programs, providing rehabilitation services.
...EXPLAINS Specific rehabilitation services and benefits available to an
individual with a disability.
...HELPS You in the appeal process when requested, if you disagree with the
rehabilitation services being provided or are denied services.
...IDENTIFIES Problem areas in the delivery of rehabilitation services to individuals with a disability and suggest methods
and means of making systemic changes.
...REFERS You to other agencies (public or
private) when you may not be eligible for rehabilitation services.
...INFORMS You of your rights under Title I of the Americans with Disabilities Act.
Your Rights As A Rehabilitation Client Are...
To make meaningful and informed choices.
To be a partner in the planning of your vocational goals and rehabilitation services.
To apply or reapply for rehabilitation services.
To the confidentiality of your case record.
To consultation with your counselor before your case is closed.
To appeal through administrative review and fair hearing.
To be informed of the availability of the Client Assistance Program.
Services of the Client Assistance Program
are provided on a non-discriminatory basis in compliance with Title VI of the Civil Rights
Act of 1964 and Section 504 of the 1973 Rehabilitation Act as amended, without regard to
race, color, national origin, sex or disability.
Protection and Advocacy Developmental Disabilities Program (PADD)
PADD provides services to eligible persons under the authority
of the 1996 Developmental Disabilities Assistance and Bill of Rights Act.
A developmental disability is a severe,
long-term mental and/or physical impairment that appears before 22 years of age--during
the developmental years.
Such a disability can severely and permanently affect a person's ability to care for or
make decisions regarding his or her personal needs, to live independently, to achieve economic
self-sufficiency, to learn, to have physical mobility, and to use and understand language.
What Services Does PADD Provide?
Information on rights and referral to appropriate agencies;
Response to and investigation of complaints regarding abuse and neglect;
Negotiation with appropriate agencies to obtain rights and benefits;
Legal representation;
Training sessions and presentations on empowerment, rights and services.
Areas Of Concern
Examples of areas, problems, or issues where the PADD Program can help include:
Special education and related services;
Federal and state benefits;
Estate planning for parents of a child with a disability;
Abuse and neglect;
Appropriate habilitation, treatment, or residential services;
Provision of services in the least restrictive environment;
Discrimination based upon disability;
Confidentiality, records and privacy;
Licensure, insurance, residency, voting, contracts, and transportation;
Housing, zoning and architectural barriers;
Guardianship, substituted consent;
Employment.
All communications will be kept confidential.
Protection and Advocacy of Individual
Rights Program (PAIR)
What Is The PAIR Program?
The PAIR Program is a system to protect the
legal and human rights of eligible individuals with disabilities. The PAIR Program is
funded by the U.S. Department of Education, Rehabilitation Services Administration.
Who Is Eligible For PAIR's Services?
A person with a disability is eligible for
PAIR's services if he/she is not eligible for assistance under the Protection and Advocacy
Developmental Disabilities Program (PADD), the Protection and Advocacy for Individuals
with Mental Illness Program (PAIMI), the Protection and Advocacy Assistive Technology
Program (PAAT), the Protection and Advocacy for Beneficiaries of Social Security
Program (PABSS), the Protection and Advocacy Traumatic Brain Injury Program
(PATBI) or the state Long Care Ombudsman Program. Individuals
with disabilities who may be eligible for the Client Assistance Program (CAP), but need
protection and advocacy services that are beyond the scope of CAP, are also eligible.
For more information on the services of the CAP Program, refer to the CAP section of
the all program brochure, or contact SDAS.
How Can PAIR Help?
Some examples of areas, problems or issues
where the PAIR Program can provide assistance include:
Information and referral services;
SSI/SSDI Appeals beginning at the hearing level;
Education Issues;
Abuse and Neglect; and,
Public accommodations.
The PAIR Program prefers to resolve issues at the lowest possible level. The PAIR
Program uses legal, administrative, mediation/negotiation and other appropriate remedies
to resolve issues on behalf of clients.
What is the process?
The PAIR Program has a process that staff use
to review and accept cases under the program's priority areas:
The PAIR advocate will obtain client data and provide services to eligible persons;
If legal representation is requested, the advocate will present the case to the SDAS Legal Committee;
The SDAS Legal Committee will review the case and accept or decline representation
based upon how the issue fits within the priorities, the merits of the case, and program resources.
All communications will be kept confidential.
Protection and Advocacy Assistive Technology
Program (PAAT)
Assistive technology can provide enormous opportunity for persons with disabilities to achieve their potential.
The Protection and Advocacy Assistive
Technology Program (PAAT) provides services to eligible individuals with assistive
technology needs. This is done through a variety of strategies focusing on the individual
and delivery systems. Activities are coordinated with the DakotaLink Project and the state
Division of Rehabilitation Services.
Who Is Eligible For PAAT's Services?
Persons with a disability, including persons
residing in facilities who have assistive technology needs.
Persons and entities who have questions regarding assistive technology or
who would like training in issues relating to assistive technology.
Services That PAAT Provides Include:
Information, including referral, research, and analysis to overcome legal, administrative
and other barriers to obtaining assistive technology.
Protection and Advocacy, including legal representation of an individual or class to pursue
issues that are unique to assistive technology.
Education and Training, to empower individuals with the skills to address and overcome
barriers to obtaining assistive technology.
Outreach, to traditionally underrepresented and rural populations of all ages in South Dakota,
including reservations.
All communications will be kept confidential.
Protection and Advocacy Traumatic Brain Injury
Program (PATBI)
In 1996 Congress authorized the Health Resources and Services
Administration (HSRA) Maternal and Child Health Bureau to implement state grant
programs to improve access to health and other services for individuals with traumatic
brain injury (TBI) and their families. The Children's Health Act of 2000 reauthorized
this program and established a TBI protection and advocacy program for eligible
persons. In South Dakota the program is called Protection and Advocacy Traumatic Brain
Injury (PATBI) and is part of South Dakota Advocacy Services.
Who Is Considered To Have TBI?
Anyone who has suffered a cranio-cerebral head trauma as an occurrence
of injury to the head arising from blunt or penetrating trauma or from
acceleration-deceleration forces that is associated with any of these symptoms or
signs attributed to the injury: decreased level of consciousness, amnesia, other
neurologic or neurospsychologic abnormalities, skull fracture, or diagnosed
intracranial lesions. The term does not apply to brain injuries that are congenital
or degenerative, or to brain injuries induced by birth trauma.
Who Is Eligible For PATBI Services?
Individuals with TBI and families who have members with TBI are eligible for
PATBI services, provided the issue relates to the individual's TBI and is
within the programs current goals and objectives.
What Services Does PATBI Provide?
• Information, referrals and advice
• Individual and family advocacy
• Representation
• Specific assistance in self-advocacy to individuals with TBI & their
families
How Can The PATBI Program Help?
Examples of areas, problems or issues where the PATBI Program can assist include:
• Information on Medicaid rights
• Strategy assistance on extending school year therapies
• Employment termination
• Transferring person from nursing home to TBI facility
• Dealing with non-responsive protective payee
Protection and Advocacy Beneficiaries of Social Security Program (PABSS)
The PABSS Program specific purpose is to provide, on a statewide
basis, information and advice about obtaining vocational rehabilitation and
employment services and to provide advocacy or other services (upon request) that
a beneficiary needs to secure or regain gainful employment. The PABSS Program
is funded by the Social Security Administration through the Ticket to Work
and Work Incentives Improvement Act.
Who Is Eligible for PABSS Services?
Persons who are current social security disability
beneficiaries and recipients, who have questions about vocational
rehabilitation and who want to gain, regain or maintain employment.
Persons and entities who have questions regarding social security disability
benefits planning or who would like training in issues relating to social
security disability benefits or removing barriers to employment.
Services that PABSS Provides
Information, including referral, research, and analysis
to overcome legal, administrative and other barriers to obtaining
vocational rehabilitation (through state VR or employment network) and
gaining, regaining or maintaining employment.
Protection and Advocacy, including legal representation
of an individual or class to pursue accessible needs, services, supports
and accommodations, employment, and issues involving Title I of the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act
and the Vocational Rehabilitation Act.
Education and training to empower individuals receiving
social security disability benefits with the skills to address and
overcome barriers to obtaining employment.
Outreach to traditionally underrepresented and rural
populations of all ages in South Dakota, including reservations.
All communications will be kept confidential.
Protection and Advocacy Vote Act (PAVA) Program
The PAVA Program is designed to provide services to assist in the effort to
ensure full participation by South Dakotans with disabilities in the electoral process including
providing information on voting eligibility, registering to vote, and accessing polling places. The PAVA
Program is funded through the Help America Vote Act (HAVA).
Who Is Eligible for PAVA Services?
Any person in South Dakota may contact the PAVA program regarding a voting
question or issue that specifically relates to or arises because of a disability.
Services that PAVA Provides
Participate in the HAVA state planning committee. Assist in the development
of training materials and training of election officials, poll workers and volunteers. Provide
assistance to state and/or other governmental entities regarding physical accessibility
of
polling places. Provide education and training regarding the voting process including
eligibility, registering to vote, and accessing polling places and assistance including representation
to individuals with disabilities that will promote their participation in the electoral process.
