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Delaware Disabilities Law Program

The Disabilities Law Program is a special project of Community Legal Aid Society, Inc. (CLASI) and is designated by the Governor as the Protection and Advocacy Agency in Delaware. This program provides advocacy services to Delaware residents with physical or mental disabilities. Given limited resources, services are prioritized based on needs identified by consumer and community groups.

This topic provides a variety of information about Community Legal Aid Society, Inc. You may read the topic sequentially or jump to specific sections by following the links below.

Sections of this Topic

·                   Who Is Served?

·                   Types Of Services Provided

·                   How Do I Apply?

·                   Programs

o                           PADD - Protection and Advocacy for Individuals with Developmental Disabilities

o                           PAIR - Protection and Advocacy of Individual Rights

o                           PAIMI - Protection and Advocacy for Individuals with Mental Illness

o                           PAAT - Protection and Advocacy for Assistive Technology

o                           PABSS - Protection and Advocacy for Beneficiaries of Social Security

o                           PATBI - Protection and Advocacy for Traumatic Brain Injury

o                           PAVA - Protection and Advocacy for Voter Access

·                   Contact Information

·                   Additional Information

·                   See Also

Who Is Served?

The Disabilities Law Program includes seven advocacy programs, PADD, PAIR, PAAT, PAIMI, PABSS, PATBI and PAVA serving individuals with various types of disabilities. Qualifications for each program are described in detail below in the Programs Section.

NOTE: In Delaware, the Client Assistance Program (CAP) is operated by United Cerebral Palsy, Inc. See the Additional Information section below for contact information.

Types Of Services Provided

CLASI provides the following types of services:

·                   Individual Advocacy - including investigation, mediation, negotiation, legal consultation and legal representation.

·                   Systemic Advocacy - emphasizing major reform efforts on critical issues affecting client groups through negotiation, legislation, regulatory work, and litigation.

·                   General Information - regarding available services, rights and remedies to clients and their families, service providers, attorneys and other representatives.

·                   Referral Services - provided to those who may be better served by other sources such as state, local or federal agencies, or other advocacy organizations.

·                   Community Education/Self Advocacy Training - community education materials and programs are provided as well as training and legal information workshops.

How Do I Apply?

If you have a legal problem (non-criminal) that is related to your disability and think you might be eligible for services you can call the central referral number toll-free from anywhere in Delaware:
1-800-773-0606.

If you have a general question concerning CLASI you can contact any of the CLASI offices at the numbers listed below.

Programs

PADD - Protection and Advocacy for Individuals with Developmental Disabilities

PADD serves individuals with a severe mental or physical impairment that developed before age 22 which causes multiple major functional limitations that are expected to last indefinitely. The program provides services to individuals consistent with the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).

The program also serves young children from birth to age 5 with developmental disabilities, or with conditions that may lead to developmental disabilities without services.

PADD typically assists in securing rights to:

·                   Appropriate treatment;

·                   A free and appropriate public education;

·                   Freedom from discrimination in housing and family services;

·                   Accessibility;

·                   Financial entitlements including Medicaid services and children's SSI;

·                   Freedom from abuse and neglect;

·                   Other rights related to the disability.

Detailed PADD priorities for the current fiscal year are available at:
http://www.declasi.org/disability/ddpriorities.html

PAIR - Protection and Advocacy of Individual Rights

PAIR serves individuals with a severe physical or mental disability that is not considered developmental, or that occurred after the age of 22.

PAIR provides advocacy services to protect rights in the areas of:

·                   Freedom from discrimination in housing;

·                   Accessibility to public accommodations;

·                   Availability and access to transportation;

·                   Public agency policy accommodations;

·                   Other rights related to the disability.

Detailed PAIR priorities for the current fiscal year are available at:
http://www.declasi.org/disability/pairpriorities.html

PAIMI - Protection and Advocacy for Individuals with Mental Illness

PAIMI serves persons with mental illness who either:

·                   Reside in a public or private facility (such as a hospital, nursing home, institution, or community care home) or

·                   Reside in the community but are at risk of abuse, neglect or civil rights violation.

PAIMI typically provides services in securing rights to:

·                   An individualized treatment plan;

·                   Appropriate treatment;

·                   A comprehensive discharge plan;

·                   Freedom from abuse and neglect;

·                   Other rights related to the disability.

Detailed PAIMI priorities for the current fiscal year are available at:
http://www.declasi.org/disability/paimipriorities.html

PAAT - Protection and Advocacy for Assistive Technology

PAAT is a special advocacy project of the Disabilities Law Program of Community Legal Aid Society, Inc. In collaboration with the Delaware Assistive Technology Initiative (online information available at http://www.dati.org/), PAAT assists Delaware residents with disabilities in accessing technology devices and assistive technology services through education, negotiation, legislation, and administrative and legal representation.

PAAT seeks to improve access to assistive technology through improving, clarifying and enforcing existing standards, regulations and policies. Individuals of all ages with all types of disabilities are eligible for services under PAAT.

PAAT typically assists in securing the rights to:

·                   include assistive technology devices and services in Individualized Education Plans (IEP) for special education students;

·                   Medicaid coverage of assistive technology devices and services for children and adults with disabilities;

·                   appropriate assistive technology devices and services in vocational rehabilitation and employment settings;

·                   other services directly related to disability and assistive technology.

Detailed PAAT priorities for the current fiscal year are available at:
http://www.declasi.org/disability/paatpriorities.html

PABSS - Protection and Advocacy for Beneficiaries of Social Security

PABSS serves current Social Security Disability Insurance (SSDI) beneficiaries or Supplemental Security Income (SSI) recipients who wish to work, particularly participants in the Ticket to Work and Self-Sufficiency Program. Services include:

·                   Provision of information and training on work incentives and employment

·                   Advocacy to overcome barriers to employment

·                   Investigation of complaints against employers or providers involved in return to work effort

·                   Correction of defects in vocational rehabilitation, employment and support agencies.

PATBI - Protection and Advocacy for Traumatic Brain Injury

PATBI serves individuals with traumatic brain injury, an injury to the head caused by blunt, penetrating, or other force which generally results in mental or physical dysfunction.

PATBI typically assists in securing rights to:

·                   Special education and vocational training;

·                   "Safety net" public benefits such as SSI or Medicaid;

·                   Freedom from employment and housing discrimination;

·                   Freedom from inappropriate institutionalization;

·                   Other rights related to the disability.

Detailed PATBI priorities for the current fiscal year are available at:
http://www.declasi.org/disability/patbipriorities.html

PAVA - Protection and Advocacy for Voter Access

PAVA serves individuals with disabilities to ensure full and effective participation in the electoral process.

PAVA may advocate to overcome policy and physical barriers to voter registration and access to polling sites and usable voting equipment. Typical advocacy includes training, technical assistance, and legal representation. However, Federal guidelines disallow project funds to be used for litigation involving disability-related election access.

Contact Information

If you have a general question concerning CLASI you can contact any of the local offices at the numbers listed below.

Statewide

Central referral number: 1-800-773-0606

Email: clasincc@declasi.org

Website: http://www.declasi.org/

New Castle County

Community Legal Aid Society, Inc.
Community Service Building
100 West 10th Street, Suite 801
Wilmington, DE 19801

Phone: 302-575-0660
Phone: 302-575-0696 (TTY/TDD)

302-575-0666 - Elder Law Program
302-575-0690 - Disabilities Program

FAX: 302-575-0840

Kent County

Community Legal Aid Society, Inc.
840 Walker Road
Dover, DE 19904

Phone: 302- 674-8500 (TTY/TDD Also)

302-674-3684 - Elder Law Program
302- 674-8503 - Disabilities Program

FAX: 302-674-8145

Sussex County

Community Legal Aid Society, Inc.
144 E. Market Street
Georgetown, DE 19947

Phone: 302-856-0038 (TTY/TDD Also)

302-856-4112 - Elder Law Program
302-856-3742 - Disabilities Program

FAX: 302-856-6133

Additional Information

CLASI also provides services under its Poverty Law Program. General types of problems handled by this program include Housing, Government Benefits, Domestic Abuse, Family Law, and Immigration Law. Eligibility is limited to those whose income is less than 125% of the Federal Poverty Guidelines, although this limit may be exceeded in some circumstances. To determine if you are eligible for these services and have a legal problem that CLASI can handle, visit the CLASI office nearest you or call the central referral number 1-800-773-0606 and they will connect you to the appropriate office. Additional information is available at:
http://www.declasi.org/pov.html

Additionally, CLASI provides services under its Elder Law Program. Problems handled by this program include Powers of Attorney and Advance Health Care Directives, Consumer Problems, Housing Problems, and Benefits Issues. Anyone who is age 60 or older is eligible for these services. There are no financial eligibility requirements for the Elder Law Program. To determine if you are eligible for these services and have a legal problem that CLASI can handle, visit the CLASI office nearest you or call the central referral number 1-800-773-0606 and they will connect you to the appropriate office. Additional information is available at:
http://www.declasi.org/eld.html

You can subscribe to periodic publications and download others from the CLASI publication page online at:
http://www.declasi.org/feedback-form.html

NOTE: In Delaware, the Client Assistance Program (CAP) is operated by United Cerebral Palsy, Inc. Contact them at:

United Cerebral Palsy, Inc.
254 East Camden-Wyoming Avenue
Camden, DE 19934

Phone: (302) 698-9336
1-800-640-9336

Fax: 302-698-9338

See also:

Protection and Advocacy Systems - Overview

Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program

Developmental Disabilities Assistance and Bill of Rights Act (DD Act)

State Councils on Developmental Disabilities

University Centers for Excellence in Developmental Disabilities Education, Research, and Service (UCEDD)

Source

Information for this topic was drawn from the CLASI website at:
http://www.declasi.org/

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