The mission of Oklahoma Disability Law Center, Inc. (ODLC) is to protect, promote and expand the rights of people with disabilities and mental illness.

The ODLC mission reflects a belief that people with disabilities and mental illness are entitled to be treated with dignity and respect; to be free from abuse, neglect, exploitation and discrimination. The ODLC mission also reflects the belief that people with disabilities and mental illness are entitled to equal rights and to equally effective access to the same opportunities as are afforded to other members of society.

ODLC is a federally mandated protection and advocacy system (often referred to as AP&A@) that provides protection of the rights of persons with disabilities through legally based advocacy. The protection and advocacy systems are established in each state and territory to address public outcry in response to the abuse, neglect and lack of programming in institutions for persons with disabilities. Congress created distinct statutory programs to address the needs of different populations of persons with disabilities.

The Protection and Advocacy for Persons with Developmental Disabilities (PADD) program was created by the Developmental Disabilities Assistance and Bill of Rights Act of 1975 (referred to as the DD Act). The Protection and Advocacy for Individuals with Mental Illness (PAIMI) was established in 1986. The Protection and Advocacy for Individual Rights (PAIR) was established as a national program in 1993. The Protection and Advocacy for Assistive Technology (AT) program was created in 1994.

ODLC=s web page may be accessed at http://www.flash.net/~odlcokc/. ODLC=s developmental disabilities network, known as Redland=s Partners, can be accessed at http://www.flash.net/~mmcf/.

ODLC develops priorities and objectives, after receiving public comment, which establish case selection criteria. Priorities ensure that the most vulnerable populations or those with complex advocacy needs are served before others. ODLC strives to reach out to unserved or undeserved populations. The need to prioritize is necessary as the demand for representation often exceeds the resources of the P&A system.

Through this newsletter format, ODLC will convey information regarding its office activities and legal issues, which impact persons with disabilities.

Known as the ARedlands Partners,@ the University Affiliated Program of Oklahoma (UAP), the Oklahoma Developmental Disabilities Council (ODDC) and the ODLC are considered sibling agencies because we are related under one law. The UAP, ODDC and ODLC each receive financial support and a core mandate from the United States Administration on Developmental Disabilities. Each agency functions under specific authority granted by the DD Act. This law defines core responsibilities of these three organizations. Each is required to develop and conduct its work in such a way that the opportunities for independence, productivity and inclusion of people with developmental disabilities will be favorably affected. The work of these agencies is coordinated nationally through the ADD in Washington, DC, with a regional office in Dallas, Texas. The programs work to address the interests and concerns of constituents, pay attention to what changes for people at each stage of lifeBfrom birth through old age, and be conscious of how culture plays a role in people=s opportunities, interests and experiences in the community. The UAP publishes a regular newsletter for the siblings, known as the Redlands Partners Update. If you want to become a subscriber who keeps up on sibling events and developmental disabilities issues in the State of Oklahoma, you may request to be included on a mailing list by contacting Valerie Williams, Director, UAP and Associate Dean, OUHSC College of Medicine.

The ADD programs have developed a ARoadmap to the Future.@ The purpose of this roadmap is to provide the ADD programs with a framework for strategic planning and the development of success measures. The roadmap is consistent with the DD Act. It links program components and ADD to a shared mission and vision of independence, productivity, integration and inclusion of individuals with developmental disabilities and contains supporting goals and outcome measures. A copy of the roadmap is available from ODLC.

Although not required to do so by federal statute, ODLC initiated a partnership relationship with the host of consumer-oriented organizations that serve people with mental illness who reside in facilities, including but not limited to hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters and jails and prisons. If you want to become a APAIMI Partner@ with ODLC, contact Mark McFarland, program manager, at 405-525-7755 and let us know your interest.

The federal statute, 42 U.S.C. ' 10801 et seq. Is based on Congressional findings that (1) individuals with mental illness are vulnerable to abuse and serious injury; (2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators or other legal representatives are members of the family, (3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care and adequate discharge planning, and (4) state systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate. The purpose of the statute is to ensure that the rights of individuals with mental illness are protected, and to protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes and investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.

The ODLC connects with organizations to reach persons with disabilities and provide assistance on legal matters related to their disability. Various handbooks and guides are available to understand legal issues B employment discrimination, housing discrimination, reporting misconduct by child care facility, driver=s licenses and disability rights, guardianship and guardianship mediation, educational rights. ODLC has established an on-going working relationship with the MS Society in an attempt to develop a method for interfacing with organizations that serve people with disabilities.

ODLC developed and has available a booklet entitled, Accessing Disability-Related Issues on the Internet. The guide provides an introduction with suggestions for where to jump into the Aweb.@ Making and organizing Abookmarks@ is explained so that they can act like a library built into one=s browserBone that=s organized by subject, author or anything else. A large number of possible sites for bookmarks are included. All protection and advocacy systems with web pages are identified.

With the passage of the Tech Act in 1988, Congress acknowledged the powerful role that assistive technology (AT) can play in maximizing the independence of individuals with disabilities. It was the first law passed by Congress with the purpose of expanding the availability of assistive technology services with the emphasis placed on being responsive to the needs of consumers.

An assistive technology service is any service that directly assists an individual in the selection, acquisition or use of an assistive technology deviceBfor example, evaluation, funding, design, customization, adaptation, maintenance, repair, therapy, training or technical assistance.

ODLC works in conjunction with Oklahoma ABLE Tech, whose mission is to facilitate systems change to and funding for assistive technology so that individuals with disabilities can achieve their greatest potential. ODLC provides advocacy services for individuals needing assistance to access assistive technology.

The Defective Assistive Device Act, effective November 1, 1996, is a new law that requires that manufacturers of assistive devices provide a one-year warranty for their products. Under the law, consumers who purchase a defective device could get the item repaired or in some cases replaced.

The federally funded statewide parent training and information center for Oklahoma is known as PRO-Oklahoma. ODLC works in conjunction with PRO to ensure a free appropriate public education and reasonable accommodations for school age children with disabilities. The services cover a full range of disabilities and help parents and professionals get the information, resources, training and support that they need.

PRO works through several avenues. They provide one-on-one assistance to help parents know their rights and responsibilities so they can be an effective team member with professionals when they plan their FSP, IEP or Section 504 plan. PRO connects parents to parents, has a referral service and a volunteer advocates program. Parents interested in these services may call 405-681-9710 (v/tdd) or 1-800-759-4142. Websites: http://ucp.org/probase.htm and http://www.pacer.org/natl/natl.htm. PRO=s collaboration with state, local and national agencies and organizations keeps them in touch with useful information for parents. PRO=s interaction with ODLC provides a full continuum of service for parents of children with disabilitiesBfrom general training, through mediation of disputes or, if needed, litigation of unresolved disputes.

 The United States Department of Education released a Notice of Proposed Rulemaking for the Individuals with Disabilities Education Act (IDEA) regulations. The notice represents a substantial overhaul of the current regulations in light of the significant amendments made to the IDEA by Congress earlier this year. The deadline for submission of comments to the Department of Education is January 20, 1998. The Department must issue final regulations by April, 1998. The Department has asked each state department of education to convene an IDEA implementation team to develop an implementation plan for the amendments. The Department is making site visits to each state to assist in the development of this plan. These visits will be completed by January, 1998.

OK-AIM is a consumer guided monitoring program. The goal of the program is to ensure the quality of state funded residential services for people with developmental disabilities. This is achieved by training and coordinating volunteers who visit homes and see that the people living there have good living situations, which enhance the quality of their lives. Over 450 volunteers from throughout Oklahoma have served as OK-AIM volunteer monitors.

The National Association of Protection and Advocacy Systems (NAPAS) assumes leadership in promoting and strengthening the role and performance of its members, such as ODLC, in providing quality legally based advocacy services. NAPAS was created to facilitate coordination of its members, represent needs of members to federal agencies and Congress and provide technical assistance and training to members which enhance their effectiveness on the state and local level. ATTAC publishes two training and assistance publications: the ATTAC Update (monthly) and P&A News (quarterly), with a homepage at http://www.protectionandadvocacy.com/. ATTAC has contracts with recognized legal back up centers that specialize in specific areas of disability lawBAdvocacy, Inc., Bazelon Center for Mental Health Law, Center for Law and Education, Center for Public Representation, Disabilities Law Project, National Health Law Program.

Legally based advocacy for persons with disabilities is based on the following principles:

People with disabilities are full and equal citizens under the law. They are entitled to equal access to the same opportunities afforded all members of society. People with disabilities are entitled to be free from abuse, neglect, exploitation, discrimination and to be treated with respect an dignity.

People, regardless of age, type and level of disability have the right to make choices both with respect to daily routines and major life events.

Services and support are shaped by the unique needs and preferences of each individual, and assure and enhance opportunities for integration in all aspects of life. Services are age-appropriate and premised on the fact that people with disabilities continue to learn, change and develop throughout their lives. For children, such growth is best accomplished within families and for adults, within integrated communities, rather than institutions.

Advocacy services are based on a philosophy of equal access, peer support and self-determination to be achieved through individual, professional and system advocacy. Services are delivered in a manner that maximizes leadership, independence, productivity and integration of individuals with disabilities.

Advocacy services reflect, and are responsive to, the diverse cultural, ethnic and racial composition of society.

WEBSITES 

In order to untangle the web, the following sites are a good start:

 Location of ODLC

odlcokc@flash.net

Oklahoma City Office

2915 Classen Blvd., Suite 300

Oklahoma City, OK 73106

(405) 525-7755 (v/tdd)

(800) 880-7755 (v/tdd)

(405) 525-7759 (fax)

Tulsa Office

2828 East 51st Street

Interim Building, Suite 302

Tulsa, OK 74146

(918) 743-6220 (v/tdd)

(800) 226-5883 (v/tdd)

(918) 743-7157 (fax)

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