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Department of Justice and Department of Health and Human Services Support Protection and Advocacy Organizations Access Rights
February 14, 2014
Source: U.S. Department of Justice (DOJ)
On February 5, 2014, the Justice Department filed a Statement of Interest in Disability Rights Mississippi v. Mississippi Childrens Home Services, a case in which the defendants have denied monitoring access to the local protection and advocacy organization. Three statutes provide protection and advocacy organizations around the country with the authority to monitor and investigate covered facilities serving people with disabilities. These statutes were crafted by Congress to protect vulnerable people with disabilities by establishing broad access rights for protection and advocacy organizations. The Statement of Interest expresses the United States view that regular monitoring visits, including unaccompanied access to residents of a facility, are a critical aspect of protection and advocacy organizations work and are authorized by the Protection and Advocacy Acts. Whether the individuals with disabilities at a covered facility are children or adults, the law clearly affords monitoring and investigatory access. Moreover, access to covered facilities does not require a court order.
To find out more about this Statement of Interest or about Olmstead, visit ADA.gov/Olmstead.
To find out more about the ADA, call the Justice Department toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA.gov website.
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