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Notice of Monitor at Grand Teton Residential Treatment Center

DRI is Idaho’s Protection and Advocacy System (P&A).  Each state’s P & A is part of a federally mandated system with the authority and obligation to protect and advocate for the human and legal rights of individuals with developmental disabilities, mental illness and/or other disabilities.  Developmental Disabilities Assistance and Bill of Rights Act (PADD), 42 U.S.C. § 15001, et seq.; Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.S.C. §10801; and, Protection and Advocacy for Individual Rights (PAIR), 20 U.S.C. §794e.  Since our establishment in 1977, we have visited facilities/service providers across the state to monitor the rights and safety of individuals with disabilities, as well as to provide information to individuals with disabilities about our organization.

 

Pursuant to the authority above, DRI staff will visiting Grand Teton Human Services the week of August 30, 2021. Our visit to the facility is for monitoring purposes, which simply means that we will be visiting the facility, speaking with residents and staff, and observing the general atmosphere and environment of the facility to monitor for compliance regarding safety and clients’ rights.

 

If you should have any questions or concerns about this, please feel free to contact us at 1-866-262-3462.

 

Please click here to download a PDF version of this notice.

Video

Confidentiality in Mental Health Sessions

DisAbility Rights Idaho and Idaho Federation of Families present: Minors’ Rights in Mental Health Treatment

Click here to download a PDF explaining confidentiality in youth mental health sessions

Idaho Federation of Families for Children’s Mental Health is conducting a survey of youth who view this video about Confidentiality in Mental Health Sessions.

Please click below link to provide feedback. Thank you!

https://lp.constantcontactpages.com/sv/4DzamU9

Notice of Monitor at Innercept Residential Treatment Center

Click here to download a PDF version of this announcement.

June 29, 2021

To: Any and All Parents/Guardians of Innercept, LLC

Re: DisAbility Rights Idaho Monitor Visit

Dear Parent/Guardian:

This letter is to inform you that DisAbility Rights Idaho (“DRI”) is planning to visit Innercept Residential Treatment Center on the dates of July 6, 2021 through July 8, 2021. Our visit to the facility is for monitoring purposes, which simply means that we will be speaking with residents and staff, and observing the general atmosphere and environment of the facility to monitor for compliance regarding safety and clients’ rights.

DRI is Idaho’s Protection and Advocacy System (“P&A”). Each state’s P & A is part of a federally mandated system with the authority and obligation to protect and advocate for the human and legal rights of individuals with developmental disabilities, mental illness, and/or other disabilities.  Developmental Disabilities Assistance and Bill of Rights Act (PADD), 42 U.S.C. § 15001, et seq.; Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.S.C. §10801; and, Protection and Advocacy for Individual Rights (PAIR), 20 U.S.C. §794e.  Since our establishment in 1977, we have visited facilities/service providers across the state to monitor the rights and safety of individuals with disabilities, as well as to provide information to individuals with disabilities about our organization.

As part of our authority, DRI is entitled to access individuals with disabilities as well as all areas of the facility used by or accessible to those individuals. We are allowed “unaccompanied access” to all service providers and individuals with disabilities at reasonable times, which includes at a minimum normal working hours and visiting hours.  This access includes “the opportunity to meet and communicate privately with such individuals regularly, both formally and informally, by telephone, mail, and in person.”  DRI is permitted to meet with individuals with disabilities to provide information and training on, and referral to, programs that address the needs of individuals with disabilities, including the P & A system.  We are also permitted to access the facility/service provider for the purpose of monitoring compliance with respect to the rights and safety of individuals with disabilities receiving services.

If, in the course of the monitor visit, a resident raises questions or concerns that may only be properly addressed by a review of their facility records, DRI staff will ensure the resident’s parents/guardians sign a Consent for Release form.

If you have any questions or comments about this activity, please contact Kayla Steinmann at (208) 336-5353.

Click here to download a PDF version of this announcement.

DRI Executive Director, Amy Cunningham, a delegate at the Fourth National Guardianship Summit, joined 125 participants to develop National Recommendations for Guardianship Reform

Highlights of National Guardianship Summit

 

  • Held virtually over four half-day sessions starting on May 10, 2021 around the theme of Maximizing Autonomy and Ensuring Accountability.
  • First national summit held to develop recommendations in ten years.
  • National Guardianship Network, a collaboration of fourteen organizations interested in guardianship issues organized the summit.
  • Syracuse University Collage of Law hosted the event.

 

Highlight of Summit Recommendations Twenty-two Recommendations for Improvement and Reform

 

  • Rights-Based Guardianships – Enhancing Rights of Persons Subject to Guardianship: 3 Recommendations
  • Supporting Decision-Making: 4 Recommendations
  • Limited Guardianship, Protective Arrangement & Diverting Pipelines: 4 Recommendations
  • Rethinking Guardianship Monitoring & Addressing Abuse: 4 Recommendations
  • Addressing Fiduciary Responsibilities & Tensions: 4 Recommendations
  • Guardianship Court Improvement Programs: 3 Recommendations

 

Click here to review the full recommendations

 

Summit papers and the recommendations will be published in a symposium edition of the Syracuse Law Review (likely this fall). Current drafts and issues briefs are currently available on the Summit website at: http://law.syr.edu//academics/conferences-symposia/the-fourth-national-guardianship-summit-autonomy-and-accountability.

EMERGENCY BROADBAND BENEFIT PROGRAM

Households can enroll in the Emergency Broadband Benefit Program starting May 12, 2021. Eligible households enrolled in the Program can receive monthly discounts up to $50/month for broadband service (up to $75/month if the household is on Tribal lands). Also, the Program will provide a one-time discount of up to $100 on a computer or tablet for eligible households. The Program is open to households that participate in an existing low-income or pandemic relief program offered by a broadband provider; Lifeline subscribers, including those receiving Medicaid and/or SNAP benefits; households with kids receiving free and/or reduced lunch and/or school breakfast; Pell Grant recipients; and those who have lost jobs and seen their income reduced in the past year.

Eligible households can enroll in three ways:
(1) Contact your preferred participating broadband provider directly to learn about their application process;
(2) Go to GetEmergencyBroadband.org to apply online and to find participating providers near you; or
(3) Call 833-511-0311 for a mail-in application and return it along with proof of eligibility to: Emergency Broadband Support Center P.O. Box 7081 London, KY 40742.

For more information about the Emergency Broadband Benefit Program, please visit: https://www.fcc.gov/broadbandbenefit.

DISABILITY RIGHTS GROUPS AND IDAHO LEGISLATURE ENTER INTO CONSENT DECREE ASSURING ONGOING ACCESS DURING CURRENT LEGISLATIVE SESSION

Click here to download a PDF version of this press release.

March 5, 2021 — Five disability rights advocacy organizations and two Idahoans with disabilities have entered into a consent decree with the Idaho State Legislature, Speaker of the House Scott Bedke and President Pro Tempore of the Senate Chuck Winder to ensure that persons with disabilities can testify before legislative committees and participate in activities at the State Capitol during this legislative session without risk of exposure to or contracting Covid-19.  Persons with disabilities are at heightened risk of severe complications from Covid-19.

The consent decree resolves a lawsuit brought in January seeking reasonable modifications under the Americans with Disabilities Act and the Rehabilitation Act of 1973, and to enforce their First Amendment rights to petition their government.  Through the consent decree, the Idaho State Legislature agrees to continue a number of measures implemented since the start of the Legislative session after the lawsuit was filed.  Those measures include allowing remote testimony for all committee hearings where public testimony is allowed and providing adequate technology to do so, improving the Legislature’s website to include a prominent link to direct users to the information for committee accessibility and remote testimony, working with a third-party consultant to ensure that the website is digitally accessible and providing adequate social distancing for individuals who wish to attend legislative sessions in person.

“We are pleased that the Idaho State Legislature, Speaker Bedke and Senator Winder, through this Consent Decree, have recognized and worked to accommodate the rights of persons with disabilities to participate equitably in this year’s legislative session without the added stress or risk of contracting Covid-19,” said Jeremy Maxand, Executive Director for Living Independence Network Corporation.  “We also appreciate the cooperative manner in which this matter was resolved.  Persons with disabilities are at higher risk of severe complications, and even of dying from Covid-19.  We look forward to making our voices heard and continuing to participate in the legislative process through fully functional remote testimony and the in-person precaution of adequate social distancing.”

“No one should have to choose between their health and their right to petition their government,” said Amy Cunningham, Executive Director for DisAbility Rights Idaho.  “The Americans with Disabilities Act provides important protections, and here ensures that persons with disabilities can receive the same government services as persons without disabilities.”

The lawsuit was brought by Ahniah Selene, Kassie Howe, Disability Action Center – Northwest, Inc., DisAbility Rights Idaho, Living Independence Network Corporation Idaho, Life, A Center For Independent Living, and the Intermountain Fair Housing Council.  They were represented by Mary McCord, Annie Owens, Amy Marshak, Seth Wayne and Jennifer Safstrom from the Institute for Constitutional Advocacy and Protection at Georgetown University Law School and Wendy Olson and Elijah Watkins of Stoel Rives, LLP.

The First Amendment to the U.S. Constitution protects “the right of the people . . . to petition the Government for a redress of grievances.”  The Americans with Disabilities Act and the Rehabilitation Act of 1973 protect the rights of individuals with disabilities by guaranteeing equal access to government activities and prohibiting discrimination on account of their disabilities.  Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”  Similarly, Section 504 of the Rehabilitation Act provides in relevant part, “[n]o otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Notice of Monitor at MHA

Click here to download a PDF version of this announcement.

March 1, 2021

Attention: All Parents and/or Guardians of Any Residents Currently Placed Mountain  Home Academy – Located at 2850 Industrial Way, Mountain Home, Idaho  83647 

The purpose of this announcement is to inform parents and guardians of residents currently  placed at Mountain Home Academy that DRI will be monitoring activities at the facility the week of March 8, 2021 and may in the course of such monitoring have access to the  minor or adult with a legal guardian. 42 C.F.R. 51.42(e).

Disability Rights Idaho (DRI) is Idaho’s designated Protection & Advocacy (P&A) system—part of a nationwide network of agencies that work to protect the legal rights of people with  disabilities. One of our core duties as Idaho P&A system is to conduct periodic monitoring  visits to facilities, which provide care or treatment to individuals with mental illness. 42 U.S.C.  10805; 42 C.F.R. §51.42. In light of the COVID-19 pandemic, DRI is using remote monitoring  to exercise our statutory duties and has scheduled to conduct remote monitoring activities at  Mountain Home Academy the week of March 8, 2021.

Under Federal law, the P&A system must have reasonable unaccompanied access to facilities  which may house or render care to individuals with disabilities, including all areas which are  used by residents, accessible to residents, and to programs and their residents at reasonable  times – which, at a minimum, shall include normal working and visiting hours. 42 C.F.R.  §51.42(c). Such residents that the P&A is to have access to during a monitor include adults and  minors who have legal guardians or conservators. 42 C.F.R. §51.42(e).

DRI also has authority to educate individuals with disabilities about their rights and available  P&A services. 42 C.F.R. §51.42(c)(1). Thus, as part of our remote monitoring, DRI intends to  present on and provide materials to educate individuals regarding their rights, services available  from DRI, and other appropriate referrals.

DRI has asked the facility place this notification in the visiting room and with any other  materials provided to parents/guardians of youth placed in this facility.

If any parent or guardian has any questions about this announcement or DRI’s monitoring activities at Mountain Home Academy, please contact Courtney R. Holthus, Director of Legal  and Advocacy Services at DRI at (208) 336-5353, ext. 119 or via email at  courtney@disabilityrightsidaho.org.

BOISE OFFICE

4477 EMERALD, SUITE B-100  BOISE, ID 83706

TOLL FREE: 866-262-3462

WEBSITE: www.disabilityrightsidaho.org  E-MAIL: info@disabilityrightsidaho.org

POCATELLO OFFICE

1246 YELLOWSTONE AVE., STE A-3 POCATELLO, ID 83201

TEL: 208-336-5353 FAX: 208-336-5396