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Wells Fargo Bank Building
400 East Broadway
Suite 409
Bismarck, ND 58501-4071

701.328.2950 · Phone
701.328.3934 · Fax
800.472.2670 · Toll Free
711 · TDD Relay
panda@nd.gov

North Dakota Protection & Advocacy Project

Services: Policies: Programs And Services

B: History of P&A Programs

  1. Protection and Advocacy for Developmental Disabilities
    After becoming aware of the inhumane conditions at Willowbrook, a New York State institution for persons with developmental disabilities, Congress enacted the Developmental Disabilities Assistance and Bill of Rights Act of 1975 (the "DD Act") to protect this vulnerable population. In the DD Act, Congress recognized that a federally-directed system of legal advocacy was necessary to "ensure the humane care, treatment, habilitation and protection of mentally retarded and other persons with developmental disabilities."
  2. Protection and Advocacy for Individuals with Mental Illness
    Following Congressional investigations substantiating reports of abuse and neglect in state psychiatric hospitals, the Protection and Advocacy for Individuals with Mental Illness Act of 1986 (the "PAIMI Act") was passed. The PAIMI Act's intent was to extend protection similar to those provided under the DD Act to individuals with mental illness residing in facilities. An important provision for the P&A system was included in the Children's Health Act of 2000. It expanded the PAIMI Program to cover individuals with mental illness who reside in the community.
  3. Protection and Advocacy for Individual Rights
    The Protection and Advocacy for Individual Rights (PAIR) Program was established under the Rehabilitation Act in 1978, as amended in 1992. The program was not fully funded by Congress until 1994. It was designed to serve individuals with disabilities who are not eligible for P&A services under the DD or PAIMI programs.
  4. Protection and Advocacy for Assistive Technology
    The Protection and Advocacy for Assistive Technology (AT) Program was established in 1994 when the Technology Related Assistance for Individuals with Disabilities Act (the "Tech Act") was expanded by Congress. As a result, the Tech Act includes funding to the P&A systems to assist individuals with disabilities in accessing AT devices and services.
  5. Protection and Advocacy for Beneficiaries of Social Security
    The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program was established and authorized by the Ticket to Work and Work Incentive Improvement Act (TWWIIA) of 1999. The Act authorizes the Social Security Administration (SSA) to fund P&A systems to provide work incentive assistance to SSDI and SSI beneficiaries seeking vocational rehabilitation, employment and other support services or seeking to secure or regain employment. The intent of the Act was the provision of health care, employment preparation and placement services to individuals with disabilities. The legislation also established a return to work "ticket" program to allow individuals with disabilities to seek the services necessary to obtain and regain employment, thus reducing their dependency on cash benefits programs.
  6. Protection and Advocacy for Traumatic Brain Injury
    This program was authorized by the Traumatic Brain Injury Act of 1996 and its reauthorization as part of the Children's Health Act of 2000. Through the funding provided, P&A systems are better able to serve individuals with traumatic brain injury and their families.
  7. Protection and Advocacy for Voting Access
    This program was enacted to help ensure that every qualified person with a disability has the opportunity to vote. The Help American Vote Act, which was signed into law on October 29, 2002, overhauled federal elections in the United States by establishing minimum voting standards that each state territory must follow. The Act also authorized the provision of funds to the P&A system to ensure full participation in the electoral process for individuals with disabilities.
  8. Client Assistance Program
    Client Assistance Programs (CAP’s) were created in Section 112 of the Rehabilitation Act of 1973 to help persons with disabilities obtain rehabilitation services. The stimulus that led Congress to establish CAP’s came from individuals with disabilities who learned from experience that bureaucratic mazes often prevented people from understanding, receiving and using the services that could help them achieve employment and independent living. Initially created as pilot projects, in 1984 Congress mandated that every state and territory have a CAP to assist clients and applicants of the state's vocational rehabilitation system.  Effective July 2011, the CAP in ND is administered by P&A under contract with the ND Department of Human Services/Division of Vocational Rehabilitation. 
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