Disabilities Rights Center

John Kitchen, Esq., Board President
Richard A. Cohen, Esq., Executive Director
Kathryn Wallenstein, PAIMI Advisory Committee Chairperson
Ronald K. Lospennato, Esq., Legal Director

Mission

The Disabilities Rights Center (DRC) is a statewide organization that is independent from state government or service providers and is dedicated to the full and equal enjoyment of civil and other legal rights by people with disabilities. The DRC is New Hampshire's designated Protection and Advocacy agency and authorized by federal statute "to pursue legal, administrative and other appropriate remedies" on behalf of individuals with disabilities.

Information, Advice, and Legal Representation and Advocacy

The DRC provides information/referral, advice and legal representation and advocacy to individuals with disabilities on a wide range of matters, when the issue relates directly to the individual's disability. Although DRC is not able to represent everyone who needs legal representation, the DRC does represent hundreds of people throughout the year. These cases typically involve access, to or eliminating discrimination in, mental health and developmental services, education, assistive technology, employment, housing, medical services, financial assistance, vocational rehabilitation services; the elimination of physical barriers in public accommodations; and assuring basic rights such as voting, choice, and right to be free from abuse, neglect, and unwarranted restraint and seclusion.

Because funding levels are not sufficient to provide assistance to every individual who asks for assistance, DRC has established goals, objectives, priorities and case selection criteria for determining which cases to accept. In regard to fees, while most DRC clients do not have the ability to pay for legal representation, those who do are charged for services according to their ability to pay. However, there is no charge to anyone for brief assistance of no more than two hours. Asking those who are able to pay something helps the DRC maintain high quality services for as many individuals with disabilities in New Hampshire as possible.

Policy and System Change Advocacy

As part of its charge and mission, and often in collaboration with others, DRC engages in systemic level change activity, which addresses the underlying causes of problems people with disabilities face, enabling change to occur for many individuals at the same time. This is done through:

• Impact or Class action cases



• Administrative advocacy and Legislative education aimed at educating government officials and leaders about the need to improve current laws and regulations.



• Special Projects or Initiatives which are based on DRC’s goals and priorities, including initiatives in abuse, neglect, restraint and seclusion; Medicaid; education improvement for students with disabilities; suspension/expulsion; voting rights; assistive technology; empowerment and choice; traumatic brain injury; municipality accessibility; and employment rights and the Ticket to Work Program.

Community Outreach, Training and Education

In addition to information, advice, case and system advocacy, DRC provides training, consultation, technical assistance, community education, and informational material to individuals, groups, organizations, lawyers and other advocates in the above special project areas as well as in other disability rights areas.

How to reach DRC

Phone:     (603) 228-0432
              1-800-834-1721
TDD:       1-800834-1721
Fax:       (603) 225-2077
Address: 18 Low Avenue
             P.O. Box 3660
             Concord, NH 03302-3660
E-mail:    advocacy@drcnh.org
Internet: www.drcnh.org

DRC: Part of a National Network of Protection and Advocacy Agencies

Most of DRC’s funding comes from the federal government under the following grant programs:

Protection and Advocacy for Persons with Developmental Disabilities (PADD) is funded by the U.S. Department of Health and Human Services. A developmental disability is a physical or mental impairment that is life-long and severely limits a person's ability to function independently. As the title implies, individuals with developmental disabilities of any age are eligible for legal information or advocacy from DRC.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) is also funded by the U.S. Department of Health and Human Services. Individuals eligible under PAIMI include children and adults who have been determined to be mentally ill or emotionally disturbed and have experienced, or are at risk for, abuse, neglect or civil rights violations.

Protection and Advocacy for Individual Rights (PAIR) is funded by the Rehabilitative Services Administration of the U.S. Department of Education. Individuals assisted under PAIR are those who are not eligible under either PADD or PAIMI or the Client Assistance Program administered by the Governor's Commission on Disability.

Protection and Advocacy for Assistive Technology (PAAT) is funded by the National Institute on Disability and Rehabilitation Research within the U. S. Department of Education. Individuals assisted under PAAT are children and adults who have difficulty accessing assistive technology devices or services.

Protection and Advocacy for Beneficiaries of Social Security (PABSS) is funded by the Social Security Administration. Individuals assisted under PABSS must receive either SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance) and want to obtain, retain or regain employment. Eligible individual may include students transitioning from school to work, clients of area agencies and mental health centers, or other persons with disabilities who have issues related to obtaining work or keeping their job.

Protection and Advocacy for Persons with Traumatic Brain Injury (PATBI) began in September 2002. Funded by Human Resources Services Administration of Department of Health and Human Services, it provides services for persons with brain injury, including information and referral, individual assistance in self-advocacy, formal legal representation, and policy initiatives.

Voting Rights Protection and Advocacy is DRC’s newest program and was enacted as part of the Help Americans Vote Act of 2002. It is funded by the U.S. Department of Health and Human Services. Eligible individuals are any persons with disabilities who have registration or voting access issues. The purpose of the program is to ensure full participation in the electoral process for individuals with disabilities, including registering or casting a vote, and accessing polling places.

For more information about these programs and the purpose and work of Protection and Advocacy agencies nationwide, visit The National Association of Protection and Advocacy Systems (NAPAS).

1. The DRC, originally the Developmental Disabilities Advocacy Center, has been operating since 1978 as a §501(c)(3) non-profit corporation.



2. The DRC is governed by a 10-member Board of Directors comprised of persons with disabilities, family members of persons with disabilities, advocates, human service professionals, community representatives and attorneys.



3. The DRC has a staff of 22: Executive Director, Legal Director; 9 Staff Attorneys, 1 Case Advocates, 5 support staff, and 5 special project and other personnel.In addition, there are generally 2 to 4 law students supporting the work of the professional staff.



4. The DRC establishes objectives and priorities on an annual basis to ensure the best use of limited resources. In addition, when making a determination about opening a case, DRC uses case selection criteria including whether a potential case has sufficient legal merit.



5. The vast majority of DRC clients do not have the ability pay for legal representation. Some clients can afford to pay and are charged for services based on a sliding fee scale. There is no charge to anyone for assistance under two hours.



6. Approximately 2000 individuals ask DRC for assistance each year. DRC provides some individuals with legal representation; some with brief services; and other with information and/or referral. Several thousand individuals are assisted through class action litigation.



7. Between 90% and 95% of all DRC cases are resolved without going to court.



8. DRC solicits the public’s input by conducting an annual Public Input Survey. This survey is sent to about 1,000 individuals and helps DRC establish objectives and priorities for the upcoming year.



9. DRC provides or participates in numerous trainings each year on a broad range of topics related to client rights.