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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
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North Dakota Protection & Advocacy Project

Services: Policies: Programs And Services

F: Federal Program Eligibility

All programs require that the individual reside in the State of North Dakota. Federal program eligibility does not, in itself, entitle an individual to services from P&A.

1: Protection and Advocacy for Developmental Disabilities

To be eligible under the DD Program, in accordance with the definition in the federal Developmental Disabilities Assistance and Bill of Rights Act, the individual must meet the definition of "developmental disability":

  1. a severe chronic disability of an individual 5 years of age or older that is attributed to a mental or physical impairment or combination of mental and physical impairments;
  2. is manifested before the individual attains age 22;
  3. is likely to continue indefinitely;
  4. results in substantial functional limitations in three (3) or more of the following areas of major life activity:
    1. self care - a long term condition which requires significant assistance to look after personal needs such as food, hygiene, and appearance. Significant assistance may be defined as assistance at least one-half of the time for an activity or a need for some assistance in more than one-half of all activities normally required for self-care.
    2. receptive and expressive language - a long term condition which prevents effective communication with another person without the aid of a third person or with a mechanical device or a long term condition which prevents articulation of thoughts.
    3. learning - a long term condition which seriously interferes with cognitive, visual, or aural communication, or use of hands, etc., to the extent that special intervention or special programs are required to aid in learning.
    4. mobility - a long term condition which impairs the ability to use fine and/or gross motor skills to the extent that assistance of another person and/or a mechanical device is needed in order to move from place to place.
    5. self-direction - a long term condition which requires assistance in being able to make independent decision concerning social and individual activities and/or handling personal finances and/or protecting self-interest.
    6. capacity for independent living - a long term condition that limits the performance of normal societal roles or which makes it unsafe to live alone to such an extent that assistance, supervision, or presence of a second person is required more than half the time.
    7. economic self-sufficiency - a long term condition which prevents working in regular employment or which limits productive capacity to such an extent that it is insufficient for self-support.
  5. reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age five (5), inclusive, who have substantial developmental delay or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

2: Protection and Advocacy for Individuals with Mental Illness

To be eligible under the PAIMI Program, an individual must have a diagnosis of mental illness AND EITHER criteria A or criteria B. Individuals meeting criteria A have a higher priority than those meeting criteria B.

    1. The person is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of the person are unknown; OR
    2. The person is in the process of being admitted to a facility rendering care or treatment, including people being transported to such a facility; OR
    3. The person is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense; OR
    4. The person presents a problem with respect to matters which occur within ninety (90) days of discharge from a facility providing care or treatment.
  1. the person lives in a community setting, including their own home.

3: Protection and Advocacy for Individual Rights

To be eligible under the PAIR Program, an individual must not be eligible for the Developmental Disabilities (DD) Advocacy Program, the Protection and Advocacy Program for Individuals with Mental Illness (PAIMI), or the Client Assistance Program (CAP - which is in the N.D. Dept. of Human Services/Vocational Rehabilitation Division). The individual must also meet one or more of the following criteria:

  1. has a severe, chronic disability which substantially limits one or more major life activity such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning; OR
  2. has a record of such an impairment; OR
  3. is regarded as having such an impairment (in accordance with the ADA and the Rehabilitation Act).

4: Protection and Advocacy for Assistive Technology

An eligible individual for the AT Program must be a person who presents:

  1. with a verifiable disability; AND
  2. a problem with access to disability-related AT devices or services.

5: Protection and Advocacy for Beneficiaries of Social Security

To be eligible for services under the PABSS Program the person must:

  1. be currently receiving SSI and/or SSDI cash payments from the Social Security Administration; AND
  2. have a concern regarding employment or employment support services; OR
  3. have a concern that if not addressed, will negatively impact the individual's ability to obtain, maintain, or regain employment.

6: Protection and Advocacy for Traumatic Brain Injury

To be eligible for services under the TBI Program the person must:

  1. have an acquired brain injury that is not degenerative or congenital (existing before birth), resulting in significant emotional, behavioral, or cognitive impairments; AND
  2. have a record of such an impairment.

7: Protection and Advocacy for Voting Access

To be eligible for services under the PAVA Program the person must:

  1. have a verifiable disability; AND
  2. present an issue regarding unassisted access to voting or the voting system.

8: Client Assistance Program

To be eligible for services under the CAP, the person must:

  1. be a client or applicant of programs under the Rehabilitation Act including Vocational Rehabilitation, Centers for Independent Living and Tribal 121 Vocational Rehabilitation programs.

Detailed information for implementation of these policies & procedures are found in the binder titled P&A Services: Forms, Instructions & Protocol.

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