North Dakota Protection & Advocacy Project (P&A) services are designed to provide solutions to client problems. These services are established under federal law and are funded by federal grants. P&A also receive funding from contracts and state general funds.
Enacting Law
Developmental Disabilities Assistance and Bill of Rights Act of 1975 (DD Act)
See: 42 U.S.C. § 15041-15045
See: 45 C.F.R. § 1386.19-1386.25
History
After becoming aware of the inhumane conditions at Willowbrook, a New York State institution for persons with developmental disabilities, Congress recognized that a federally directed system of legal advocacy was needed to protect the legal and human rights of individuals with developmental disabilities. The DD Act created a system of protection and advocacy agencies in all states and territories. In 1977, the Protection & Advocacy Project (P&A) was established as the designated protection and advocacy agency for North Dakota.
Purpose
The DD Act directs P&A to protect and advocate for the legal and human rights of individuals with developmental disabilities. This includes advocating of the rights of individuals with developmental disabilities and investigating incidents of abuse and neglect.
Enacting Law
Protection & Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI Act)
See: 42 U.S.C. § 10801-10851
See: 42 C.F.R. § 51.1-51.46
History
Following Congressional investigations substantiating reports of abuse and neglect in state psychiatric hospitals, the PAIMI Act of 1986 was passed. An important provision for the protection and advocacy system was included in the Children's Health Act of 2000, which expanded the PAIMI Program to cover individuals with mental health disabilities who reside in the community.
Purpose
The PAIMI Act’s purpose is to safeguard the rights of individuals with mental health disabilities. This includes protecting and advocating of the rights of individuals with mental health conditions and investigating incidents of abuse and neglect.
Enacting Law
Rehabilitation Act, as amended 1993
See: 29 U.S.C. § 794e
See: 34 C.F.R. § 381.1-381.33
History
Congress established the Protection & Advocacy for Individual Rights (PAIR) program under an amendment to the Rehabilitation Act in 1993. North Dakota’s PAIR Program was established in 1994.
Purpose
PAIR was established to protect and advocate for the legal and human rights of persons not eligible for P&A services under the DD or PAIMI programs; such as individuals with visual or hearing impairments, or those with physical disabilities acquired as an adult. With PAIR, the P&As were authorized to serve persons with all types of disabilities. PAIR represents an important component of a comprehensive system to advocate for the rights of all persons with disabilities.
Enacting Law
Technology-Related Assistance for Individuals with Disabilities Act of 1994 (Tech Act)
History
The Protection & Advocacy for Assistive Technology (AT) Program was established through the 1994 Tech Act passed by Congress. AT work didn’t start in North Dakota until 2002 with the receipt of federal monies.
Purpose
The Tech Act empowers P&A to assist individuals with disabilities in accessing assistive technology devices and services.
Enacting Law
Ticket to Work and Work Incentive Improvement Act of 1999 (TWWIIA Act)
See: 42 U.S.C. § 1320b-21
History
The Protection & Advocacy for Beneficiaries of Social Security (PABSS) Program was established and authorized by the TWWIIA Act in 1999. In North Dakota, the PABSS Program was established in 2001.
Purpose
The TWWIIA Act directs P&A to provide information, assistance, and advocacy to Social Security (SSDI and SSI) beneficiaries who need vocational rehabilitation, employment services, and other supports to secure, regain, or maintain meaningful employment.
Enacting Law
Traumatic Brain Injury Act of 1996
See: 42 U.S.C. § 300d-53
History
This Protection & Advocacy for Traumatic Brain Injury Program was authorized by the Traumatic Brain Injury Act of 1996 and reauthorized as part of the Children's Health Act of 2000. This program was initiated in North Dakota in 2002.
Purpose
The PATBI Program directs P&A to provide services to individuals with traumatic brain injury.
Enacting Law
Help America Vote Act of 2002 (HAVA)
History
With the passage of HAVA in 2002, federal elections were overhauled in the United States. Major changes included enacting minimum voting standards that each state and territory must follow and creating the Protection & Advocacy for Voter Access (PAVA) Program. The PAVA Program was initiated in North Dakota in 2003.
Purpose
The PAVA Program was enacted to help ensure that every qualified person with a disability has the opportunity to vote and fully participate in the electoral process.
Enacting Law
Strengthening Protections for Social Security Beneficiaries Act of 2018
See: P.L. 115–165
History
The Strengthening Protections for Social Security Beneficiaries Act of 2018 was signed in to law in response to investigations that found some representative payees stole or misused funds, exploited, neglected, and even abused the people with disabilities they were supposed to be helping. The law amends Titles II, VIII, and XVI of the Social Security Act and established the Protection & Advocacy for Beneficiaries with Representative Payees (Rep Payee) Program.
Purpose
The Rep Payee Program enhances protection for beneficiaries of Social Security using representative payee services by authorizing P&A to conduct reviews of individuals and organizations acting as representative payees.
Enacting Law
Rehabilitation Act (Rehab Act), as amended 1984
See: 29 U.S.C. §732
See: 34 CFR Part 370
History
The Client Assistance Program (CAP) was initiated as a pilot project in North Dakota in 1974. In 1984, the Department of Health and Human Services (DHHS) Vocational Rehabilitation Section was designated to formally administer the program. DHHS contracts with P&A to implement CAP in North Dakota.
Purpose
CAP empowers P&A to inform and advise clients and applicants on benefits and services available under the Rehabilitation Act (services provided by vocational rehabilitation and centers for independent living). CAP can also assist and advocate for clients and applicants in their relationships with vocational rehabilitation and centers for independent living, including assistance and advocacy in pursuing legal, administrative, and other appropriate remedies.