Ddra Fact Sheet - Rights 01-29-09

What’s in Draft 1 of the Developmental Disabilities Reform Act (DDRA)? Rights The draft DDRA seeks to maintain the rights that people with developmental disabilities have under existing law, while bringing the way the law defines and safeguards rights up to date with modern federal laws and changes in the District’s service system. Rights of People with Developmental Disabilities


People with developmental disabilities are presumed to have legal capacity and to have all the civil and legal rights guaranteed other persons by the Constitution and laws of the United States and the District of Columbia.




People who are eligible for services from the DC Developmental Disabilities Administration (DDA) have the right to receive supports and services in the least restrictive, most integrated setting; to liberty, dignity, respect, privacy and freedom from harm; to receive services promptly; and to exercise choice and control.




The parent or guardian of a child or youth under age 18 exercises the minor’s rights.

Providers Required to Respect Rights


All public and private providers must respect people’s choices, provide people with the information and supports they need to make choices and exercise control, communicate with people in an effective way, ensure that people can voice grievances without fear of retribution, and seek to resolve grievances in a timely manner.




All employees of DDA and service providers must have annual and initial trainings on the rights of people with developmental disabilities.




All public and private agencies must provide people with information on their rights under law and available supports and services.

DC Government Required to Recognize and Enforce Rights


The District cannot move a person from a less restrictive to a more restrictive setting without the person’s consent and without providing advance notice and the opportunity for a hearing before the Superior Court. The District must prove by clear and convincing evidence that such a move is needed and is in the person’s best interests.




Regulations issued for this section must include standards for restricted procedures and must prohibit harmful procedures such as corporal punishment.




The DC Department on Disability Services is required to identify and take enforcement action on rights violations.

For more information, visit http://dc-ddleg.blogspot.com or contact the DDS MAC Legislative Committee through [email protected] or (202) 636-2963.