DAI Will Assume Some of CQCAPD Functions

The Governor is designatating Disability Advocates, Inc. (DAI), as the new Protection and Advocacy System (P&A) and Client Advocacy Program (CAP), effective June 1, 2013. The Commission on Quality of Care and Advocacy for Persons with Disabilities (CQCAPD ), a state agency, is currently designated as both the P&A system and the CAP.  Thus, some functions that CQCAPD currently provides for certain residents of adult care facilities (ACFs) will be transferred to DAI.  We will keep members informed as we become clearer on how DAI and the Justice Center for the Protection of People with Special Needs interface with ACFs and their residents.

Federal law requires that a state that establishes programs under the Developmental Disabilities Act must have in place a system to protect and advocate for the civil, human, and legal rights of people with disabilities (P&A system).  Similarly, the Rehabilitation Act of 1973 mandates that a state must establish a client assistance program (CAP) to assist individuals who apply for or receive vocational rehabilitation or independent living services under the act. The designation may be changed only for good cause.

As the current P&A system, CQCAPD provides advocacy to residents of New York who have a physical or mental condition that substantially limits at least one major life activity and who fall within the agency's priorities and case selection criteria as determined through the priority setting process each year. CQCAPD maintains a presence in facilities that provide care for and services to people with disabilities, where they monitor, investigate and attempt to imrpove conditions, including ACFs that serve residents with serious mental illness. CQCAPD serves individuals with a wide range of disabilities by protecting against abuse and neglect; advocating for civil rights; and ensuring accountability in access to and the delivery of services. 

According to the Governor’s office, the redesignation will result in better coordination, enhanced protection for people with disabilities, and more flexibility.  DAI will do business as Disability Rights New York (DRNY) and will operate all of the P&A/CAP programs authorized under federal law.  For more background, click here.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828