|
Who are we?
The
Disability Rights Center of Kansas (DRC), formerly Kansas Advocacy &
Protective Services (KAPS), is a public interest legal advocacy
agency empowered by federal law to advocate for the civil and legal
rights of Kansans with disabilities. DRC is the Official Protection
and Advocacy System for Kansas and is a part of the national network
of federally mandated and funded protection and advocacy systems. As
such, DRC advocates for the rights of Kansans with disabilities
under state or federal laws (ADA, the Rehabilitation Act, Federal
Medicaid Act, Kansas Act Against Discrimination, etc.)
DRC
is also empowered by federal law to educate policymakers on needed
improvements to the law and public policy.
DRC is a private, 501(c)(3) nonprofit corporation, independent of
both state government and disability service providers, allowing DRC
to focus on the disability rights needs of Kansans with
disabilities.
DRC operates eight federally authorized and funded protection and
advocacy programs in Kansas. DRC is also granted certain powers
under federal law, including access to places where persons with
disabilities are served, their records, the ability to conduct
abuse, neglect, and exploitation investigations, etc.
Who is Eligible for DRC
Disability Rights Advocacy?
Types of Cases DRC May Accept for Legal Representation or Advocacy.
What disability rights advocacy does DRC provide?
How does DRC decide if they will take my case?
Examples of Legal Representation
and Advocacy that DRC Does Not
Provide
Outreach and Policy Advocacy Priorities:
Voting: DRC will educate and advocate for Kansans with
disabilities to help them register and vote.
Prevent Criminalization Of Disability: DRC will provide
public policy advocacy and education for law enforcement, the
courts, criminal justice professionals, schools, etc., to prevent
the criminalization of disability. Promote use of Individual Justice
Plans for youth and adult offenders, which focus on providing proper
services and supports to prevent persons with disabilities from
ending up in jails, prisons, juvenile detention facilities, etc.
However, DRC is prohibited from providing criminal representation.
Who is Eligible for DRC
Disability Rights Advocacy?
Almost every Kansan with a disability rights issue is eligible
for some type of disability rights advocacy (Legal Representation,
Advocacy, Self-Advocacy, or Information and Referral). Some laws and
policies limit DRC’s services to individuals that meet disability
guidelines or specific needs. If we can’t help you, we will try to
find someone who can.
DRC provides disability rights advocacy for the civil and legal
rights of Kansans with disabilities, including:
Kansans with Developmental Disabilities.
Kansans with Mental Illness.
Kansans with Traumatic Brain Injury.
Kansans with disabilities who need access to Assistive Technology.
Kansans who are recipients of Supplemental Security Income (SSI) or
beneficiaries of Social Security Disability Insurance (SSDI) who
experience disability rights barriers to employment.
Kansans with disabilities who need advocacy in order to exercise
their right to vote under the Help America Vote Act.
Kansans with other permanent disabilities, whose disability was not
caused by the aging process.
Kansans who are applicants or consumers of services funded by the
Rehabilitation Act (Vocational Rehabilitation (VR), Independent
Living Centers, etc.)
top of page
Types of Cases DRC May Accept for Legal Representation or Advocacy.
DRC may be able to provide disability rights advocacy (legal
representation, advocacy, self advocacy, etc.) for these priority
areas:
1. Abuse, Neglect and Exploitation: DRC will provide disability
rights advocacy, including monitoring of state institutions, for
individuals who are at risk of, or have experienced abuse, neglect
or exploitation.
2. Guardianship: DRC will provide disability rights advocacy for
individuals to pursue alternatives to guardianship/conservatorship
or to end guardianship/conservatorship when no longer necessary.
3. Healthcare: DRC will provide disability rights advocacy for
consumer access to general medical services, including Medicaid,
Medicare, long-term care, mental health services, and home and
community based services.
4. Community Integration: DRC will provide disability rights
advocacy to assist individuals residing in institutions and other
restrictive settings to defend their right to access appropriate
services and supports to live in the most integrated setting.
5. Accessibility: DRC will provide disability rights advocacy to
remove barriers which prevent access to state/local government
services and places of public accommodation.
6. Employment: DRC will provide disability rights advocacy for
beneficiaries of SSDI or recipients of SSI who are experiencing
barriers to employment.
7. Fair Housing: DRC will provide disability rights advocacy for
individuals whose rights under the Fair Housing Amendments Act or
the Rehabilitation Act have been violated.
8. Technology: DRC will provide disability rights advocacy for
individuals to acquire or maintain devices or services that empower
them to be successful in employment, education, community life and
independent living.
9. Special Education: DRC will provide disability rights advocacy
for students with disabilities to enforce and protect their rights
to special education and related services under the Individuals with
Disabilities Education Act (IDEA), through mediation, due process
and collaboration with other special education advocacy
organizations.
10. NEW: Rehabilitation Act - Client Assistance Program: Starting
April 1, 2005, DRC will provide disability rights advocacy to
applicants or consumers of services funded by the Rehabilitation Act
(Vocational Rehabilitation (VR), Independent Living Center services,
etc.)
top of page
What
disability rights advocacy does DRC provide?
Intake and Assessment - DRC will provide an intake and assessment to
determine what type of advocacy we can provide to you (legal
representation, advocacy, technical assistance, or information and
referral).
Legal Representation – A DRC attorney may represent Kansans with
disabilities whose rights have been violated under state or federal
law (ADA, Section 504, Medicaid Act, Fair Housing Act, etc.). and
their issue fits within DRC’s priorities, scope, capacity, etc.
Advocacy Representation – Non-legal representation where a DRC
advocate works with and on behalf of the consumer in their
disability rights needs.
Self Advocacy – Providing assistance and support to help Kansans
with disabilities advocate for themselves in their disability rights
issues.
Information and Referral – Connecting Kansans with disabilities with
others who might be better suited to address their issues (when the
needs of the consumer do not fit within DRC’s priorities, scope,
capacity, etc.).
top of page
How does DRC decide if they will take my case?
DRC provides
legal and advocacy representation to Kansans with disabilities.
Because the disability rights representation needs of Kansans with
disabilities are virtually unlimited, but DRC’s funds are very
limited, these are the main factors we examine when deciding whether
we can provide representation:
1) You must
be a qualifying person with a disability and you must have a
disability rights issue (your rights as a person with a disability
under state or federal law have been violated – the ADA, Section
504, etc.).
2) DRC must
have funding and staff time available to properly serve your
advocacy needs.
3) Your
advocacy or legal representation needs must fall within our Advocacy
Priorities. A summary of our Priorities is in this document.
4) What are
the facts? What is the law? Because of DRC’s limited resources, we
focus on cases where both the facts of the case and the law involved
are favorable, in order to increase DRC’s ability to have a positive
impact with your issue.
top of page
Examples of Legal Representation and Advocacy that DRC Does Not
Provide
Workers Compensation cases
Estate planning
Social Security eligibility or appeals
Criminal representation
Divorce cases
Will drafting
Child custody or Child In Need Of Care cases
Civil representation that does not relate to the legal or civil
rights of an individual with a disability
top of page
|
