Disability Rights Washington

Oddo:the legislature created the office of developmental disabilities ombuds program (dd ombuds) in response to abusive and neglectful conditions for people with developmental disabilities. In 2022, the dd ombuds provided complaint resolution, monitoring, outreach and training, and systemic policy work. Dd ombuds opened 146 new individual complaint investigations. Dd ombuds provided 68 detailed information and referral services to people to assist them in resolving their issue. We conducted 124 monitoring visits across the state to review facilities, residences, and programs where people with developmental disabilities receive services. We reached more than 1,261 people across the state to talk about our services, show our videos about dd ombuds and self-advocacy, and give presentations about Rights and responsibilities. Complaints: in fy 2022, dd ombuds worked on 41 continuing and 146 new individual complaint investigations. Complaints may relate to abuse, neglect, exploitation, the quality of services, or access to services. In response to a complaint, the dd ombuds may take steps to resolve the issue by talking with others involved, monitoring a facility or residence, researching dda policies or practices, reviewing records, and interviewing witnesses or advocating on behalf of an individual or group to resolve a complaint. For example, the dd ombuds received a complaint about a woman whose primary care provider was her father who had passed away. She had lived with her father her whole life and they primarily spoke another language in the home. Although she and her family had been told that a residential placement would be found when the father could no longer provide care for her, months after her father died, she had no placement and was living with her brother. The woman wanted to move to an adult family home with residents of a similar age and interests and to stay near her family and cultural community. The dd ombuds worked with the woman to update her referral packet for a residential placement, to request interpreters at meetings, and to debrief after visiting adult family homes. The dd ombuds attended planning meetings with the family and dda and stayed persistent about her not moving far away from family and community. After four months of dd ombuds involvement, she found an adult family home she liked and moved into it.trainings, education and outreach: dd ombuds reached 1,261 people with information about dd ombuds services, trainings on topics such as how to navigate the service systems, self-advocacy and problem solving, and responding to abuse, neglect, and sexual assault through presentations and outreach at 63 events. Dd ombuds presented a workshop on self-advocacy and engaged with over 150 people at the people first convention in spokane.systemic changes: dd ombuds identified several systemic issues though monitoring visits and complaints, and recommended system improvements. For example, the dd ombuds reviewed positive behavior support plans (pbsp) for people in a variety of residential settings. Many of the individuals who had pbsp still experienced disruptions in services including suspension or termination of services, use of the police, hospitalizations, and frequent incident reports. The dd ombuds found that none of the positive behavioral support plans written by a road to community living (rcl) provider met all the necessary components required by rule and policy. The dd ombuds asked the developmental disabilities administration (dda) to review these plans written by the rcl provider. This review by the dda psychologist confirmed that none of the nine plans met the minimum requirements. As a result, dda's quality assurance team is completing additional reviews of pbsp written by contracted providers.reports: in september of 2022, the dd ombuds published the report, "i want to go home reevaluating dda' children's services to prevent hospitalization and out of state placement." This report builds on a 2018 report that the dd ombuds published, "stuck in the hospital," about adults with developmental disabilities stuck in a hospital without any medical need. This new report highlights the ongoing issue of youth with developmental disabilities stuck in the hospital or sent out of state for placement through individual stories. The dd ombuds will continue to highlight this issue for systemic change.

Paimi:in fy 2022, drw's paimi program provided advocacy services to 66 groups, with the potential of impacting 309,560 people with mental illness. 177 people received individual advocacy services. 342 people received training at 6 events. 53 people received information and referral services.as an example of drw's individual advocacy, drw represented a patient at western state hospital to obtain treatment and services to which he was entitled. The patient is a civil commitment patient who also has a developmental Disability and had been originally receiving services on the habilitative mental health (hmh) ward, specifically designed to provide skill building interventions to address the psychological needs of people with co-occurring disabilities that limit the effectiveness of cognitive focused talk therapy, used elsewhere in the hospital. After an incident on the ward, the hospital transferred him to a regular civil ward where he no longer benefitted from the specialized treatment offered on hmh ward. He was doing worse and facing discipline for increased behaviors. He was also being targeted by other patients on the regular civil ward. Drw performed a brief investigation and wrote a letter to wsh requesting the hospital immediately provide him hmh-level services on his current ward or transfer him back to hmh. Wsh increased the client's staffing and provided him hmh-level services on his current ward. The client improved greatly and is currently in process of being placed on the active discharge list. As a result of drw's actions, the client's Rights were enforced and restored, his treatment and services were made more accessible, and the client lives in a healthier and safer environment.as an example of systems change, drw advocates for release of people aging in prison. Drw educated lawmakers about the need to address the rising number of older, chronically ill people in our state prisons. Lifelong sentences have resulted in an increasingly greying prison population, disproportionately composed of bipoc folks who have been subject to our racist criminal legal system and sentencing laws. Drw has visited the assisted living unit in the prisons and has worked to educate lawmakers about the abysmal, but very expensive care provided there and the low risk that most of these incarcerated people pose. As a result of drw's work, one lawmaker added a budget proviso in the state budget that directed the Washington department of corrections to conduct a feasibility study on the needs of these aging individuals, their cost of care, and the possibility of creating a nursing facility not operated by the department to provide care to these folks instead of continued incarceration. That study came out in october 2022 and possible legislation may follow.

Padd: in 2022, drw's padd program provided advocacy services to 31 groups with the potential of impacting 124,258 people with development disabilities. 33 people received individual advocacy services and 116 people received information, technical assistance and referral services. 377 people were trained to become active participants in making decisions that affect their lives. 42 people benefitted from findings of abuse or neglect investigations.in fy 2022, drw obtained a groundbreaking federal class-action settlement for youth in foster care. The department of children youth and families ("dcyf") agreed to significant systems transformations of the foster care system that will be trauma-informed, culturally-responsive and lgtbqia+ affirming. As alternatives to relying on hotel stays, one-night placements, and congregate care facilities, dcyf committed to implement several reforms including, creating more nurturing alternative living arrangements, which will include an emerging adulthood supported housing program for older youth who would prefer to live more independently, a statewide "hub home" program to provide resources for "satellite" families raising foster children, and a professional therapeutic foster care program to help children with intensive behavioral health conditions stabilize and reunify with their families and establishing a more comprehensive and objective evaluation process for determining whether it is appropriate and necessary to place a child in a group care facility. As a result of this class action settlement, drw with co-counsel at the national center for youth law, children's Rights, carney gillespie, and munger tolles and olson enforced the Rights to adequate care and supports of an estimated 900 youth and children. Drw and co-counsel will continue to monitor implementation of the settlement.as part of its ongoing work to address school restraint and seclusion, drw documented the harmful overuse of restraint and isolation in Washington schools, in violation of state law, and used disproportionately against students with disabilities who are homeless, in foster care, black or two or more races, low-income, and in kindergarten through 5th grade. Drw collected student body demographic data for each school and reviewed sample documents including individualized education plans, behavior plans, emergency response protocol and functional behavioral assessments. Drw reviewed district and school policy and procedure around restraint and isolation use and relevant statute and regulations. During monitoring, drw conducted structured interviews of about 45 minutes each with school and district personnel. Drw also interviewed students, though these were typically shorter interviews. During interviews, staff acknowledged using restraint and isolation for purposes other than imminent harm, including spitting, tearing paper off a bulletin board, swearing, and holding a pencil where one had a previous history of harming a teacher with a pencil, or restraint because scissors were nearby, even though the student was calm. School staff also walked through examples of when they had used illegal prone restraint or mentioned witnessing prone restraint for punishment or control or by staff members who were escalated. During this investigation people also were educated about their Rights. Four families decided they wanted drw's assistance in filing complaints with Washington's state educational agency after meeting with drw to discuss possible violations with restraint and isolation use. In total in fy 2022, drw conducted 93 interviews, which included additional parent and student interviews, as well as interviews of adults who shared experiences of being restrained and isolated when they were in school. The findings of this will be released in a report in the next fiscal year.

Asssitance to disabiled beneficiaries .

Protection and advocacy of individual Rights.

To support the rooted in Rights program.

To support deinstitutionalization.

Other program services.