[nfbmi-talk] doj release

joe harcz Comcast joeharcz at comcast.net
Fri Feb 14 21:01:52 UTC 2014

Department of Justice and Department of Health and Human Services Support Protection and Advocacy Organizations’ Access Rights

On February 5, 2014, the Department filed a
Statement of Interest
in Disability Rights Mississippi v. Mississippi Children’s 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

To find out more about the ADA, call the Justice Department's toll-free
ADA Information Line
at 800-514-0301 or 800-514-0383 (TDD), or access its
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