Developmental Disabilities Assistance and Bill of … Directors Orientation...Mental Retardation...

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Developmental Disabilities Assistanceand Bill of Rights Act (DD Act)

HistoryUCEDD New Directors Orientation

Presenter
Presentation Notes

The DD Act – Some Historical Milestones

• 1961: President John F. Kennedy’s Panel on Mental Retardation published “A Proposed Program for National Action to Combat Mental Retardation”

• 1963 law established University Affiliated Facilities, which later became the University Centers for Excellence in Developmental Disabilities (UCEDDs)

• 1970 law required states to establish State Planning and Advisory Councils, known today as DD Councils

• 1975 law established State Protection and Advocacy Systems (P&As)• 1994 law added the Projects of National Significance (PNS) initiative • 2000: Developmental Disabilities and Bill of Rights Act reauthorized

through 2007 (DD Act of 2000)Please see http://transition.acf.hhs.gov/programs/aidd/resource/history-of-the-dd-act-1 for more

information.

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Mental Retardation Facilities and Construction Act (P.L. 88-164)• Enacted in 1963 to plan activities and construct

facilities to provide services to persons with ‘mental retardation’

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Presentation Notes
Legislation enacted with the support of President Kennedy. Focus on constructing facilities/institutions and what services should be provided to persons with mental retardation. Hope was that this Act would lead to an entitlement program, outlining mandated services and authorizing funds.

Disabilities Services and Facilities Construction Amendmentsof 1970 (P.L. 91-517)

• First Congressional effort to help people with developmental disabilities

• Definition of developmental disabilities included individuals with ‘mental retardation’, cerebral palsy, epilepsy and other conditions related to ‘mental retardation’, prior to age 18, and a severe disability

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The term “developmental disabilities” replaced mental retardation and a definition was developed to include other disabilities.

Disabilities Services and Facilities Construction Amendmentsof 1970 (P.L. 91-517)...

• State Planning Councils started to look at services for persons with developmental disabilities

• Grant money started for construction of University Affiliated Facilities (UAF)

– training of people to provide services for persons with developmental disabilities.

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Beginning of State planning councils and University Affiliated Facilities. Focus continues on facilities/institutions.

1975 Amendments (P.L. 94-103)

• Deleted construction authority• Study to look into UAFs having small centers of

service (satellite centers)• Protection and Advocacy System (P&As) started• “Rights of the Developmentally Disabled” in law

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P&As established to help with abuse and neglect issues of institutionalized individuals. The Rights of the Developmentally Disabled was included in the Act to set minimum Federal guidelines for a standard of care.

1978 Amendments (P.L. 95-602)

• Functional definition of developmental disabilities as having a life-long impact in 3 or more major areas– Self-care– Communication – Learning– Mobility– Self-choice – Independent living– Economic self-sufficiency

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The functional definition was established so that any disability that meets the criteria could be considered as a developmental disability, rather than the limited listing in the earlier legislation.

Developmental Disabilities Actof 1984 (P.L. 98-527)

• Added new emphasis – persons with developmental disabilities receive services to achieve their best through living and working in the community

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COMMUNITY versus INSTITUION came to play. Shift in policy (1963 building institutions and providing services within the facility) to individuals with DD living and working in the community, 1984). Took 21 years for legislation to change focus.

1987 Amendments (P.L. 100-146)

• Yearly Report to Congress on the Developmental Disabilities program - ADD collects information from the Councils, P&As, UAPs and PNS grantees

• 1990 Report - Councils study amount and quality of services being provided and whether consumer is satisfied

• UAFs became University Affiliated Programs (UAPs)

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Greater Congressional accountability established. Report to Congress established. Special 1990 Report Card on quality of services and consumer satisfaction. Continuing to move away from institutional focus, UAF name change from Facility to Programs.

1990 Amendments (P.L. 101-496)

• Added purpose to say that persons with severe disabilities can live and work and contribute to society

• Amended functional definition to include infants and young children

• Established UAP training projects• PNS include grants to help people with developmental

disabilities gain employment and live better

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COMMUNITY focus further enhanced. The definition was amended to address the issue of children born to drug addicted mothers that may seem find for a time but then experience significant developmental delay with age.

Developmental Disabilities Actof 1994 (P.L. 103-230)

• Respect for the individual, services should be what the individual wants and consider a person’s culture when planning and providing services (unserved and underserved)

• Persons with developmental disabilities and their families should make the decisions for that person

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Act reiterated that services should focus on the individual’s needs, being planned and designed with consumer and family input.

Developmental Disabilities Actof 1994 (P.L. 103-230)….

• State Councils– Must promote activities that:

• change the way things are done for people with developmental disabilities

• Make it easier to do these activities• Tell state officials about these activities and the need

for more services and programs• P&As

– Protect the confidentiality of client records

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Required State Council activities to promote systemic change, capacity building, and advocacy. Additional provisions were included for the P&A in protecting the confidentiality of client records.

Developmental Disabilities Actof 1994 (P.L. 103-230)….

• University Affiliated Programs

– New program standards• Secretary of Health and Human Services

– Required ADD to fund a grant to see if it would be a good idea for the State Council to also be responsible for looking at services for persons with severe disabilities other than developmental

Developmental Disabilities Act & Bill of Rights Act Amendments of 1996 (P.L. 104-183)

• Extended authorization of appropriations of ADD programs for three years through Fiscal Years 1997, 1998 and 1999

Developmental Disabilities Assistance and Bill of Rights Act of 2000( P.L. 106-402)

• Secretary directed to set up a process to monitor grantees

• identify and report on progress achieved through advocacy, capacity building, and systemic change activities using indicators of progress developed for chosen area of emphasis

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Additional Congressional reporting…establishment of an accountability process to monitor grantees.

Developmental Disabilities Assistance and Bill of Rights Act of 2000...

• Grantees must include activities that focus on working together

• State Councils

– set aside 70% (versus 65%) of Federal money for Council goals

– include more persons with developmental disabilities and their families (60% versus 50%)

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Councils, P&As and University Centers must include activities that focus on coordination and collaboration within and across the programs.

Developmental Disabilities Assistance and Bill of Rights Act of 2000...• P&A

– Governing board can only stay on for a limited time and must be selected by the P&A

– Majority of the board must be a person with a developmental disability and family members

– Broader access to provider/individual records to investigate potential abuse and neglect

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Strengthened provisions regarding access to service providers and records of individuals with developmental disabilities in order to investigate potential abuse and neglect.

Developmental Disabilities Assistance and Bill of Rights Act of 2000...• New name - University Centers for Excellence in

Developmental Disabilities (UCEDDs) – receive a core award – When there is enough money to fund each Center

$500,000, then each Center has the opportunity for national training grants, additional funding, or additional centers

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If funds are available through appropriations, the Act allows for the opportunity for additional Centers or additional grants to existing Centers, for States or populations that are unserved or underserved by existing Centers due to such factors such as population, high concentration of unserved or underserved populations.

Developmental Disabilities Assistance and Bill of Rights Act of 2000...

• PNS program authorized to fund grants with other Federal agencies in support of policies on self-determination, independence, productivity, and inclusion in community life of individuals with developmental disabilities.

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PNS authorized to fund Federal interagency initiatives.

Developmental Disabilities Assistance and Bill of Rights Act of 2000...• Established two additional programs

– Title II Families of Children with Disabilities Support Act of 2000

– Title III Program for Direct Support Workers Who Assist Individuals with Developmental Disabilities

Administration on Intellectual and Developmental Disabilities

Administration for Community LivingU.S. Department of Health and Human Services

1 Massachusetts Avenue NW4th Floor

Washington, DC 20447(p) 202-690-6590(f) 202-205-8037

AIDD website: http://acl.gov/programs/aiddACL website: http://www.acl.gov