Developmental Disabilities Reform Act

Draft Review and Revision Meeting 9

June 11, 2009
Martin Luther King Jr. Library, Room A-10

Meeting Notes

In attendance: Cassandra Assefa, The Arc of DC; Mark Back, DDS; Sandy Bernstein,
University Legal Services; Tina Campanella, Quality Trust, Laura Flegel, Quality Trust;
Emma Hambright, DDS; Erin Leveton, Quality Trust; Diane Lewis, DC Coalition on
Community Services; Mary Lou Meccariello, The Arc of DC; Marjorie Rifkin, University
Legal Services; Victor Robinson, Project ACTION!/Quality Trust; T.J. Sutcliffe, The Arc
of DC; Bob Williams, DDS

Meeting notes:

1. Welcome and Introductions

The group welcomed all participants.

2. Updates

There will be no Draft Review and Revision Meeting next week due to a conflict on June
18th with the next quarterly hearing in the Evans case.

The first meeting to discuss mandatory reporting was held at DDS on June 8, 2009.
The next meeting will be held on June 22, 2009 at DDS in the morning (time TBD).

3. Discussion of key topics on grievances (Sections 116 and 117)

a. The following will be added to the draft of the legislation:

The list of issues that can be included in a grievance will be expanded. Section 116 (b)
will be expanded to include access to records, delay in services (including being placed
on a waiting list), and the manner or setting in which a services will be or has been
rendered. There will also be a catch-all added at the beginning to include issues that
are not specifically listed.

The person has the right to oppose the filing of a grievance on his/her behalf. If the
person opposes the filing of the grievance, it must be withdrawn.

The internal grievance office must be adequately staffed. The legislation will state that
the office must have a Director and two staff. This staffing level will be reevaluated in 18
months.

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The internal grievance office must inform grievants of the outcome of the office’s effort
to resolve the grievance, and that if the person is not satisfied with the resolution, they
can go to court or to a fair hearing. But it will be clear that no one is required to first
seek resolution at the internal grievance office.

If there are delays in intake/determining eligibility, the person can file a grievance with
the internal grievance office.

b. The following will be removed from the draft of the legislation:

Section 116(e) will be removed (“The parent or guardian of a minor shall exercise the
grievance rights provided under this act and shall make all choices relating to grievances
on behalf of the minor.”). An individual under guardianship and a minor will have the
right to file a grievance on their own. That will be made clear in the legislation.

c. Other changes to the draft of the legislation:

Section 117(a)(5) will be changed. It currently states, “The internal grievance system
shall include an expedited review for any grievance alleging abuse or neglect.”
“Grievance alleging abuse or neglect” will be changed to “grievances alleging imminent
risk of harm” or similar language which is broader than strictly abuse or neglect.

The legislation will make clear that if there is a written agreement drafted to resolve the
grievance, the person has the right to a copy of the agreement.

d. Other discussion:

The current draft establishes the internal grievance office as mediators, seeking to
resolve the person’s grievance. It does not make the office fact-finders. There was no
change made in the office’s role.

There was discussion about whether to include penalties for retaliation against people
who file a grievance. It was decided that specific penalties would be up to DDS and the
providers.

4. Discussion of Court access

There was brief discussion about the court access section of the legislation. The drafting
committee reported that research has indicated that it is unlikely that the court can pay
attorneys under the Criminal Justice Act (as they do now) if individuals are no longer
committed. Participants were asked to come with ideas to the June 25th meeting to
discuss how to ensure court access and access to paid attorneys without requiring
people to remain/become committed.

5. Next meeting

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The next meeting will be Thursday, June 25, 2009 from 3:00 to 5:00 at the True
Reformer Building, 1200 U Street, N.W, Marsh Conference Room. Topics will be: legal
services, advocates and Court access; and transition from admission and commitment
processes and procedures.

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