Fwd: The Law and Disability - Action Alert: DDD Day Programs

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Click here to view this alert in your web browser; Volume 7, Number 2, February 2010

DDD Changes How it Will Provide New Day Service Placements

By: S. Prior, Esq. and Herbert D. Hinkle, Esq.

In a move that will likely have significant impact on individuals with developmental disabilities scheduled to graduate in June 2010, the Division of Developmental Disabilities (DDD) announced today that it is changing how it will provide new day program placements. Unless families act quickly, their children may be without any services when educational entitlements end. Under federal law, a person with a disability found eligible for special education and related services is entitled to a free and appropriate public education until age 21. In New Jersey, educational services extend to the June following the students 21st birthday.

Despite the fact DDD describes day services as the backbone of the system that serves individuals with developmental disabilities, the agency In response to recent developments in the states fiscal situation will now provide day services, including self-directed day services, only on an emergency basis. Pursuant to DDDs rules, the criteria for an emergency placement in a day program are:

The individual has been placed in a Division funded residential placement and does not have a current day program;

The individual would become homeless without a day placement; or

The individual requires supervision which is not available during the day and is at risk of imminent peril.

This is a developing issue and parents should check our website often (www.hinkle1.com) for updates as information becomes available. In the meantime, parents must act quickly to do the following:

Make sure your childs name is on the day program waiting list. This request should be directed to your case manager in writing. If you have made this request previously, do not assume DDD has a record of it, additional verification may be needed.

Gather information now about what will likely occur if your child does not have day services available. Will your child regress? Will behaviors re-emerge or become worse? Will there be a serious risk to the health, safety, or welfare of the child or other family members living with him or her? Your childs school, doctors, and therapists may be good sources for this information.

Most importantly, do not wait until June to request day services. Over the years, particularly when state resources are limited, we have helped families develop arguments, strategies and provided strong advocacy, maximizing the potential that services will continue with little or no gaps.

The attorneys at Hinkle, Fingles and Prior are available to speak at your school, agency or parent groups on this important topic. There is no charge. Please contact Charlene at 609-896-4200 to schedule a speaking engagement.

 

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Workshops Seminars Offered at No Charge

Is your organization or parent's group in need of more information about legal issues that affect children or adults with disabilities? Each year, Hinkle, Fingles Prior provides hundreds of workshops, seminars, and lectures at no charge to parent groups and non-profit organizations.

See our website for a list of popular topics. We can customize any presentation to meet the needs of your group. For more information, please call (609) 896-4200 or (215) 860-2100.

On-Site Guardianship and Estate Planning

Families caring for a loved one with a disability often put vital life planning on the 'back burner' - sometimes until it is too late. Through a new program, Hinkle, Fingles Prior makes it easier for families to attend to critical issues by bringing professional services directly to them. On-Site Planning, launched in 2008, is designed to benefit both families and local provider agencies.

Click here to learn more about this innovative program. To arrange an on-site planning day for families affiliated with your program, please call (609) 896-4200 or (215) 860-2100.

With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle, Fingles Prior have years of experience providing

expert counsel and legal services to families of people with disabilities and seniors. The firm's attorneys have argued many of the precedent setting cases affecting people with disabilities in New Jersey and Pennsylvania. Click here for Attorney Biographies

Contact the law office at 609-896-4200, 201- 940-7206 or 215-860-2100.

All material copyright 2010 Hinkle, Fingles Prior, Attorneys at Law

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