THE HISTORY OF THE DEVELOPMENTAL DISABILITIES ASSISTANCE AND THE BILL OF RIGHTS ACT

		In 1970, the DD Councils were started. They were to coordinate and integrate the provision of services for individuals with developmental disabilities in the least restrictive setting.
		In 1975, the Protection and Advocacy Systems (P&As) were started. They make sure people are safe and well. Projects of National Significance (PNSs) were started. They were to address national needs of people with developmental disabilities.
		In 2000, the Act added the Family Support Act and the Direct Support Workers Program.
		In 2000, the Act said people with developmental disabilities have the right to exert control and choice over their own lives and to fully participate in their communities.

THE DEVELOPMENTAL DISABILITIES ASSISTANCE AND THE BILL OF RIGHTS ACT

WHAT IS IT?

		It is a federal law.
		It is also called the DD Act.

WHAT DOES IT DO?

		It tells people with developmental disabilities their rights.
		The Act gives money to three state programs:
		Developmental Disabilities (DD) Councils, On behalf of the State, develop a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance through advocacy, capacity building, and systemic change activities.
		Protection and Advocacy (P&As) Systems are to protect the legal and human rights of people with developmental disabilities. They check on people who live in institutions. They can file class action lawsuits.
		University Affiliated Programs (UAPs) do research training and technical assistance. They work with professionals, policy makers, families, college students, and adults with disabilities. They are called the University Centers for Excellence in Developmental Disabilities Education, Research, and Services.
		Projects of National Significance. These projects look at the national needs of people with developmental disabilities. Projects include research, training, and services and supports.
		The Act started two new programs.
		Family Support Act. This Act gives money to states to help families care for children with disabilities at home.
		Direct Support Workers Program. This program will develop a technology-based curriculum for staff development. The program will give scholarships to workers to go back to school.

FACT SHEET

THE DEVELOPMENTAL DISABILITIES ASSISTANCE AND THE BILL OF RIGHTS ACT
TITLE I: Programs for Individuals with Developmental Disabilities

The DD Act is divided into three major sections called Titles. Each Title is divided in subtitles. Subtitles are divided into sections.

Subtitle A - General Provisions

Subtitle A tells you the purpose of the Act. It also tells you what certain words mean (definitions). It also tells you what the rights of people with developmental disabilities are. The rest of subtitle tells the Federal government how to implement the Act and who is responsible to implement it.

Subtitle B: State Councils on Developmental Disabilities.

State Councils used to be called DD Councils. On behalf of the State, the Councils are to develop a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance through advocacy, capacity building, and systemic change activities.

Subtitle C: Protection and Advocacy of Individual Rights.

Protection and Advocacy (P&As) Systems are to protect the legal and human rights of people with developmental disabilities. They check on people who live in institutions. They can file class action lawsuits.

Subtitle D: National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service

University Centers for Excellence in Developmental Disabilities Education, Research, and Services used to be called University Affiliated Programs (UAPs). These programs do research, training and technical assistance. They work with professionals, policy makers, college students, families, and adults with disabilities.

Subtitle E: Projects of National Significance

These projects were supposed to look at the national needs of people with developmental disabilities. Projects include research, training, and services and supports.

FACT SHEET

What are the rights of people with developmental disabilities under the DD Act?

		Right to appropriate treatment, services, and habilitation for disabilities. The treatment, services, and habilitation should maximize the potential of the person.
		The treatment, services, and habilitation should be provided in the setting that is least restrictive of the individual's personal liberty.
		The Federal government and the States have to ensure that public funds are provided only to institutional, residential, educational and other community programs that provide treatment, services, and habilitation that are appropriate to the needs of people with developmental disabilities.

These programs have to meet minimum standards:

		Care has to be free of abuse, neglect, sexual and financial exploitation, and violations of legal and human rights.
		Care cannot put people with developmental disabilities into any greater risk of harm than others in the general population.
		People receive appropriate and sufficient medical and dental services.
		People cannot be physically restrained or put in seclusion, unless the person or other people are in immediate physical harm.
		Programs cannot use restraints and seclusion as a punishment.
		Programs cannot use restraints and seclusion instead of a habilitation program.
		Programs cannot use chemical restraints.
		Programs cannot use chemical restraints as a punishment.
		Programs cannot use chemical restraints instead of a habilitation program.
		These programs make sure that the most favorable possible outcome for people.
		Residential programs that provide health-related, habilitative, assistive technology or rehabilitative services to people have to make sure that these services are the same as those provided in intermediate care facilities for the mentally retarded (ICF-MR).
		Other residential programs have to make sure that care is appropriate to the needs of the individuals. These programs can only admit people that can benefit from their programs. These programs have to treat people like human beings, to keep the home clean, and protect people's rights.
		The rights under this Act are in addition to constitutional or other rights given to all individuals.

 WHAT CAN I DO?

You can write to your Senators and Representatives to ask them to support the inclusion of language that will directly fund Self-Advocacy Information and Training initiatives.  Go to http://www.sabeusa.org/DDAct/DDActCentes.html for more ideas and e-mail sabenation@gmail.com for more information.