TBI Priorities
FFY 2008 Priorities for Equip for Equality’s Protection and Advocacy for People with Traumatic Brain Injuries (PATBI) Program
Background on PATBI Program:
The Health Resources and Services Administration of the U.S. Department of Health and Human Services has given funding to the state P&A Systems to provide protection and advocacy services to people with traumatic brain injuries (PATBI). The purpose of the PATBI is to ensure that people with TBI, who have historically been underserved by the P&A system, have sufficient advocacy and educational services dedicated to them.
Priorities for the PATBI Program:
The following are the priorities of the PATBI program:
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Provide advice, technical assistance, advocacy and representation to people with TBI (as resources allow) for Equip for Equality’s five main substantive areas of focus:
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Safety from abuse and neglect
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Anti-discrimination
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Community integration
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Self-determination; and
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Special Education
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Provide education and training to people with TBI and their family members about their legal rights under the Americans with Disabilities Act (ADA), Ticket to Work, special education and guardianship/advance directives.
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Provide outreach to people with TBI, their family members and service providers to better assess and understand the legal and advocacy needs of people with TBI, including through the establishment of the TBI advisory group.
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Provide information and referral services to people with TBI and their families.
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Coordinate with other TBI stakeholders, including quarterly meetings of the TBI Advisory Council comprised of consumers, advocates and service providers.
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Identify potential TBI-related public policy reform initiatives, strategies to achieve systemic changes, and costs of pursuing such initiatives.
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Explore opportunities to serve veterans with TBI in light of their increasing need for disability related services.
Agency Case Selection Guidelines:
A. General Case Acceptance Guidelines
All cases need to meet the following general case acceptance guidelines: the case has merit; there is a definable client case objective; the client is willing to participate actively and cooperate in the case resolution process, as appropriate; the client would not likely prevail without assistance from Equip for Equality; an unfavorable outcome would have a significant negative impact on the individual or the disability community; and there are few or no appropriate referrals. However, even if a case meets case priorities criteria and general case acceptance guidelines, a case may not be accepted if current caseloads prevent the case from being accepted or there are not sufficient resources to devote to the matter. Finally, at the discretion of the program, an individual may be provided with advocacy services even if the case does not fall within the above priorities if it enhances Equip for Equality’s services to an un-served or under-served population. At a minimum, all individuals contacting Equip for Equality will be provided with information and referral to other sources of assistance.
B. Litigation Guidelines
For a case to be accepted for litigation, consideration should also be given to the following criteria:
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The case resolution is likely to benefit other people with disabilities by changing a policy, practice, law or physical environment.
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The case involves a fundamental right under the state or federal Constitution or statute.
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The case is likely to enhance public understanding and support of the rights of people with disabilities.
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The case involves a challenge to Equip for Equality’s statutory P&A Access Authority (i.e. any attempt to limit Equip for Equality’s statutory access to individuals, records or facilities as mandated by federal or state law).
