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March 11, 2022
To: Any and All Parents/Guardians of Summit Youth Academy
Re: DisAbility Rights Idaho Monitor Visit
Dear Parent/Guardian:
This letter is to inform you that DisAbility Rights Idaho (“DRI”) is planning to visit Summit Youth Academy Residential Treatment Center on the dates of March 28, 2022 through April 1, 2022. 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.1 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.2 This access includes “the opportunity to meet and communicate privately with such individuals regularly, both formally and informally, by telephone, mail, and in person.”3 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.4 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.5
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 DRI at (208) 336-5353.
1 42 U.S.C. § 10805(a)(3); 42 U.S.C. § 15043(a)(2)(H); 42 C.F.R. § 51.42(c); 45 C.F.R. § 1326.27(a).
2 42 C.F.R. § 51.42(c); 45 C.F.R. § 1326.27(c).
3 42 C.F.R. § 51.42(c); 45 C.F.R. § 1326.27(d).
4 42 C.F.R. § 51.42(c)(1); 45 C.F.R. § 1326.27(c)(2)(i)
5 42 C.F.R.§ 51.42(c)(2); 45 C.F.R. § 1326.27 (c)(2)(ii).