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Rights And Protection And Advocacy
Frequently Asked Questions
Where can I obtain free mental health advocacy and/or technical or legal assistance?
Each State, the District of Columbia, and the six Territories (American Indian Consortium, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands) have a Protection and Advocacy for Individuals with Mental Illness (PAIMI) program.
PAIMI programs safeguard the rights of people with significant mental illnesses who are at risk for abuse, neglect, or civil rights violations while receiving care or treatment in a public or private residential facility. If a violation is found, PAIMI programs may pursue various remedies such as mediation, administrative hearings, and litigation (the remedy of last resort) to ensure protection of the rights of PAIMI-eligible clients. People with mental illnesses who are not eligible for PAIMI services may be eligible for services from other programs within their State Protection and Advocacy (P&A;) system, such as the Protection and Advocacy for Individual Rights (PAIR) Program, Client Assistance Program (CAP), Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program, Protection and Advocacy for Developmental Disabilities (PADD) Program, Protection and Advocacy for Assistive Technology (PAAT) Program, Protection and Advocacy for Voters Rights (PAVR) Program, and Protection and Advocacy for Traumatic Brain Injury (PATBI) Program.
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What are the eligibility requirements for the PAIMI Program?
Individuals eligible for PAIMI:
- Are diagnosed with a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
- Are inpatients or residents in public or private residential facilities that provide care or treatment to individuals with mental illnesses; and
- Were abused, neglected, or had their rights violated, or were in danger of abuse, neglect, or rights violations, while receiving care or treatment in a public or private residential facility.
In addition, the services requested must be within the State P&A; system's PAIMI program priorities and objectives for the current Federal fiscal year. To see if your request is within your State protection and advocacy agency's annual service priorities, contact your State system:
You also may find it helpful to contact the:
Administration on Developmental Disabilities
Administration for Children and Families
U.S. Department of Health and Human Services
Mail Stop: HHH 300-F
370 L'Enfant Promenade, SW
Washington, D.C. 20447
Phone: 202-690-6590
www.acf.hhs.gov/programs/add/index.htm
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What can I do if I feel my employer, or a potential employer, has discriminated against me because of my mental disability?
The Americans with Disabilities Act (ADA) is a legal tool to fight discrimination. Any person who believes he or she has experienced employment discrimination based on a psychiatric disability has a right to file an administrative "charge" or "complaint" with the U.S. Equal Employment Opportunity Commission (EEOC)
or with a State or local anti-discrimination agency. Such individuals also may file a lawsuit in court, but only after filing an administrative charge. For information on how to file a discrimination charge, the publication Filing an ADA Employment Discrimination Charge: Making It Work for You may be helpful. You also may find it useful to contact the:
U.S. Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
Phone: 202-663-4900
www.eeoc.gov
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAVE
Washington, D.C. 20530
ADA Information Line: 800-514-0301; (TDD) 800-514-0383
www.usdoj.gov
National Association of Protection and Advocacy Systems, Inc.
900 Second Street, NE, Suite 211
Washington, D.C. 20002
Phone: 202-408-9514
www.napas.org
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What can I do if I was discriminated against in a private or commercial facility or could not get into a government program because the building lacked access?
The U.S. Department of Justice provides information on how to file complaints against private facilities, government programs, and public transportation services. Complaints against private or commercial facilities are covered under Title III of the Americans with Disabilities Act (ADA)
According to the Department of Justice, facilities included under Title III are "…places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices." Title II of the ADA covers access to government programs and public transportation. To find out how to file a formal complaint under either Title III or Title II, you can access these documents from the Department of Justice:
Title III Complaints or Title II Complaints. The Department of Justice also offers an informal method for resolving some Title III and Title II complaints. Through the Department of Justice ADA Mediation Program, professional mediators will handle complaints that are appropriate for mediation at no expense to the persons involved in the complaint. To request help from the mediation program, you will need to submit either a Title II or Title III complaint form and note on the form that you wish to resolve the dispute by mediation.
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What can I do if I have a complaint about the mental health treatment that someone is receiving?
You may want to start by contacting the facility or program administrators to make them aware of your complaint. If you cannot reach a resolution in this way, you may want to contact your State Mental Health Agency to determine if your State has a commission that reviews quality of care. If not, each State, the District of Columbia, and the six Territories have a Protection and Advocacy for Individuals with Mental Illness (PAIMI) program. PAIMI programs investigate reports of abuse, neglect, and civil rights violations in facilities providing mental health care or treatment. Other programs within your State Protection and Advocacy (P&A;) system are listed in the answer to the first question.
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Where can I find information about restraint and seclusion practices?
The National Association of Protection and Advocacy Systems has an on-line resource document that provides an overview of Federal laws and policies on restraint and seclusion practices. The National Alliance for the Mentally Ill and the National Mental Health Association both have on-line position statements that address the use of seclusion and restraint procedures. Also, the and the Children's Health Act of 2000 (Public Law 106-310)
addresses restraint and seclusion practices in Federally funded psychiatric facilities and some community facilities for children and youth. The Act created national standards that restrict the use of these methods. You also may find it useful to contact the:
National Association of State Mental Health Program Directors
66 Canal Center Plaza, Suite 302
Alexandria, VA 22314
Phone: 703-739-9333
www.nasmhpd.org
Child Welfare League of America
Behavioral Health Division
Mental Health
50 F Street, NW, Sixth Floor
Washington, DC 20001
Phone: 202-639-4932
http://www.cwla.org/programs/bhd/mentalhealth.htm
National Association of Protection and Advocacy Systems, Inc.
900 Second Street, NE, Suite 211
Washington, D.C. 20002
Phone: 202-408-9514
info@napas.org
www.napas.org
National Technical Assistance Center (NTAC) for State and Mental Health Planning
66 Canal Center, Suite 302
Alexandria, VA 22314
Phone: 703-739-9333
www.nasmhpd.org/ntac
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Where can I find more information about rights and protection and advocacy for persons with significant mental illnesses (adults) or significant emotional impairments (children)?
The National Council on Disability and the National Urban League have published A Guide to Disability Civil Rights Laws that may be of assistance to you. In addition, the National Mental Health Information Center has a "Know Your Rights" publication that is available in both
English and Spanish. For more information about protection and advocacy, contact the:
National Association for Rights Protection and Advocacy
P.O. Box 1712
Port Washington, NY 11050
www.narpa.org
Commission on Mental and Physical Disability Law
740 15th Street, NW
Washington, DC 20005
Phone: 202-662-1570
www.abanet.org/disability
National Mental Health Association (NMHA)
2001 N. Beauregard Street, 12th Floor
Alexandria, VA 22311
Phone: 703-684-7722
www.nmha.org
National Health Law Program (NHeLP)
1101 14th Street, NW, Suite 405
Washington, DC 20005
Phone: 202-289-7661
www.healthlaw.org
National Mental Health Consumers' Self-Help Clearinghouse
1211 Chestnut Street, Suite 1207
Philadelphia, PA 19107
Phone: 800-553-4KEY (4539)
www.mhselfhelp.org
Neighborhood Legal Services, Inc.
495 Ellicott Square Building
295 Main Street
Buffalo, NY 14203
Phone: 716-847-0650
www.nls.org
Social Security Administration
Office of Public Inquiries
Windsor Park Building
6401 Security Blvd.
Baltimore, MD 21235
Phone: 1-800-772-1213
www.ssa.gov/
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Rev. 05/2003
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