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Post-traumatic stress disorder (PTSD) is an anxiety disorder that can occur after someone experiences a traumatic event that caused intense fear, helplessness, or horror. PTSD can result from personally experienced traumas (e.g., rape, war, natural disasters, abuse, serious accidents, and captivity) or from the witnessing or learning of a violent or tragic event.
While it is common to experience a brief state of anxiety or depression after such occurrences, people with PTSD continually re-experience the traumatic event; avoid individuals, thoughts, or situations associated with the event; and have symptoms of excessive emotions. People with this disorder have these symptoms for longer than one month and cannot function as well as they did before the traumatic event. PTSD symptoms usually appear within three months of the traumatic experience; however, they sometimes occur months or even years later.
Although the symptoms for individuals with PTSD can vary considerably, they generally fall into three categories:
People with PTSD may also have other problems. These include:
A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild," i.e., a brief change in mental status or consciousness to "severe," i.e., an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function. Blasts are a leading cause of TBI for active duty military personnel in war zones.
TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.
Note: Disability Rights Florida is NOT a crisis intervention agency. If you are thinking of hurting yourself, or if you are concerned that someone else may be suicidal, call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255).
The Department of Veterans Affairs' (VA) Veterans Health Administration (VHA) has founded a national suicide prevention hotline to ensure veterans in emotional crisis have free, 24/7 access to trained counselors. To operate the Veterans Hotline, the VA partnered with the Substance Abuse and Mental Health Services Administration (SAMHSA) and the National Suicide Prevention Lifeline. Veterans can call the Lifeline number, 1-800-273-TALK (8255), and press "1" to be routed to the Veterans Suicide Prevention Hotline.
You should be aware that there is a State Division of Emergency Management and it encourages everyone to have a plan. The Division of Emergency Management is responsible for maintaining a statewide program of emergency management.
Individuals with disabilities have the option to sign up for the Special Needs Registry. All counties are required to establish a Special Needs Registry to help identify individuals with disabilities who may need assistance during an emergency. Go to the Florida Disaster website for important information within your county and instructions on how to register.
Here is a complete list of items you need to bring to the Special Needs Shelter.
It is important to have your prescribed medicines in your Disaster Survival Kit. The “Emergency Prescription Refill” law allows you to refill your prescribed medicines during a disaster if your county:
Is currently under a hurricane warning issued by the National Weather Service
Is declared to be under a ”State of Emergency” by an executive order issued by the governor, or
Has opened its “Emergency Operations Center” and its “Emergency Management Plan”
During a storm, you should listen to the radio or news on television to know if any of the above situations are going to occur. Please talk with your doctor and pharmacist now about how this new law can help you. Make sure you are ready this hurricane season by having:
a list of all of your medicines
the name of each drug you take
the name of the doctor who wrote the prescription
the amount of medicine to take, and
the name and location of your pharmacy.
For more information, download our Getting Your Prescription Medication During a Disaster fact sheet.
It is important to stay informed with up-to-date information and instructions from emergency management sources. Local radio and TV are good sources of information including which shelters are open, evacuation directions, and closings of schools and local businesses.
To find the latest weather forecasts around the USA, track storms through NOAA weather satellites, get the latest weather maps, and learn how to protect yourself and your community from severe weather go to the NOAAWatch website.
Visit the NOAA Weather Radio (NWR) page for general information on how an NWR can be an alerting tool for individuals who are hard of hearing or deaf.
One of the most important decisions made during an emergency situation is whether to evacuate or stay in your home or at your current location. Determining factors such as your unique circumstances and the nature of the emergency should be carefully evaluated before either option is decided upon. As a person with disabilities/special needs or a caretaker of individuals with special needs, your disaster plan should consider and have options for both situations (evacuating or staying).
It is also important to use all the information you can from local officials or the news to determine if there is immediate danger. Use your best judgment as no one knows your needs as well as you do. However, certain emergency and disaster situations require immediate evacuation. If you are specifically ordered to evacuate, it is vital that you do so immediately. If your daily activities require additional travel time or transportation assistance, your emergency plan should include prior travel arrangements.
For additional information on making your decision go to this Florida Disaster webpage.
The State of Florida and the American Red Cross have collaborated to provide a public view of current shelters listed in the Red Cross National Shelter System. This information is updated as regularly as possible.
Florida Pets website provides a county-by-county list of pet-friendly motels and hotels. This site also gives updates about pet-friendly shelters. Remember, your service animal is not a pet and is allowed in all shelters.
When an agency denies the services you request, denies eligibility for services, or reduces services, you have a right to DUE PROCESS. Due process means that the agency must give you notice and the opportunity to present your case at a hearing before an impartial hearing officer or judge.
NOTICE: The agency must provide you with written notice of its decision to deny or reduce your services.
In the notice, the agency must tell you:
If the action is to reduce services you are receiving, the services must continue as long as you request a hearing within 10 days of receipt of the notice. Otherwise, you generally have 30 days to request a hearing.
HEARING
If you request a hearing within the time indicated in the notice, the agency must provide the hearing. The hearing is before an impartial judge or hearing officer.
BEFORE THE HEARING
You have the right to look at your file and to look at all of the documents the agency plans to use at the hearing.
At the hearing you have the right to:
AFTER THE HEARING
The agency must give you its decision in writing and advise you of your right to appeal the decision to a higher court.
Before you request a hearing, you must read the notice very carefully. The notice will tell you where to send your hearing request and the deadline for making your hearing request. Deadlines are very important. If you do not send the hearing request in time, you will have your services cut or denied and the action becomes final.
The deadline for sending hearing requests to the agency is generally 30 days, but look at your notice. If you are receiving the services that are being denied or reduced, you must request a hearing within 10 days of receiving the notice.
The hearing requests are made to the agency at the address they give you on the notice. It is up to the agency to send the case to either the Office of Hearing and Appeals (OHA) or the Division of Administrative Hearings (DOAH).
DOAH hears cases concerning the developmental disabilities waivers. OHA hears all other Medicaid cases.
The hearing request may be made by letter or by petition. It must be in writing. In your hearing request, you should provide:
You should keep copies of the notice and your hearing request.
In order to prepare for a hearing you should
EXHIBITS
Exhibits generally consist of documents, charts, photos, and records. You should make a list of all your exhibits in the order that you plan to use them. Make copies of all your exhibits for the judge or hearing officer and the agency, and keep copies for yourself. Identify each exhibit by number on the originals and all of the copies. Keep a copy of all your exhibits for yourself.
WITNESSES
Witnesses are persons who can testify on your behalf at the hearing. The testimony of witnesses is evidence that the judge or hearing officer will consider. You are also a witness if you plan to testify at the hearing. Your doctor, friend, family member or other person who knows your situation are examples of witnesses.
Before the hearing you should make a list of the witnesses who will be testifying at the hearing in the order you want them to appear. You should write your questions for each witness and visit or call each person to explain the purpose of the hearing and go over your questions.
Visit or call each witness, explain the purpose of the hearing, and go over your questions and their answers.
MAKE SURE YOU GIVE YOUR WITNESSES THE DATE, TIME AND LOCATION OF THE HEARING.
At the beginning of the hearing, the judge or hearing officer will give you instructions about how he or she wants the case to proceed.
Generally the agency presents its case first at the hearing. The agency witnesses will be questioned by the agency attorney. This is called “direct examination”. After direct examination, you have the opportunity to ask the witness questions concerning the agency’s decision to reduce services you are receiving. This is called “cross-examination”.
When it is your turn, you can present your witnesses and documents to the hearing officer or judge. You can ask your witnesses questions and you can also testify as to the reasons the agency’s action is wrong. The agency attorney can question you and your witnesses.
At the end of the hearing, the judge or hearing officers will not give his or her decision. The judge or hearing officer will issue a decision in writing at a later date.
Medicaid can only pay for services that are medically necessary. The agency bases its decision to deny or reduce services based on “medical necessity.” The Notice will contain the reasons the agency believes the service is not medically necessary. The agency’s job at the hearing is to show that the service is NOT medically necessary. Your job at the hearing is to show that the service IS medically necessary.
“Medical necessity” has a legal definition which is in Rule 59 Florida Administrative Code 59G-1.010 (166). The rule states:
“Medically necessary” or “medical necessity” means that the medical or allied care, goods, or services furnished or ordered must:
1. Be necessary to protect life, to prevent significant illness or significant disability, or to alleviate severe pain;
2. Be individualized, specific, and consistent with symptoms or confirmed diagnosis of the illness or injury under treatment, and not in excess of the patient’s needs;
3. Be consistent with generally accepted professional medical standards as determined by the Medicaid program, and not experimental or investigational;
4. Be reflective of the level of service that can be safely furnished, and for which no equally effective and more conservative or less costly treatment is available; statewide; and
5. Be furnished in a manner not primarily intended for the convenience of the recipient, the recipient’s caretaker, or the provider.
The Purpose of the Child Health Check–Up program is to provide the following services to children from birth through age 20:
Home health services are medically necessary services, which can be effectively and efficiently provided in a recipient’s residence. Services include home health visits (nurse and home health aide), private duty nursing and personal care services for children, therapy services, medical supplies, and durable medical equipment.
The purpose of the therapy services program is to provide medically necessary physical therapy (PT), occupational therapy (OT), respiratory therapy (RT) and speech-language pathology (SLP) services to recipients from birth through age 20.
The therapy services program also provides services to recipients age 21 and older for SLP services pertaining to the provision of augmentative and alternative communication systems, and PT and OT services pertaining to wheelchair evaluations and fittings. These are the only services in the therapy program that Medicaid reimburses for adults.
The purpose of the Florida Medicaid Prescribed Pediatric Extended Care (PPEC) Services Program is to enable children with medically-complex conditions to receive medical care at a non-residential pediatric center. PPECs provide a cost effective and less restrictive alternative to private duty nursing (PDN) or institutionalization, and reduce the isolation that homebound children may experience. Private duty nursing may be provided as a wraparound alternative for an individual needing additional services, when PPEC is not available.
A PPEC is a non-residential facility that serves three or more children under the age of 21 who require short, long-term, or intermittent medical care due to medically-complex conditions. A PPEC offers services that meet the child’s physiological, developmental, nutritional, and social needs.
The following documents provide help in developing an effective and efficient IEP for your child
Getting Ready for Your Child’s I E P Meeting
http://www.fldoe.org/ese/pdf/iep-card.pdf
Present Levels of Educational Performance
http://www.fldoe.org/ese/pdf/ieplevel.pdf
Making Annual Goals, Short-Term Objectives, and Benchmarks Measurable
http://www.fldoe.org/ese/pdf/y2005-2.pdf
Accommodations and Modifications: What Parents Need To Know
http://www.fldoe.org/ese/pdf/ac-mod-parents.pdf
QuickTime is required to view the training video. If you do not have QuickTime, you can download it here.
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:
If a building with four or more units has no elevator and was ready for first occupancy after March 13, 1991, these standards apply to ground floor units.
These requirements for new buildings do not replace any more stringent standards in State or local law.
According to the Fair Housing Act (FHA), it is unlawful for any person to refuse to make reasonable accommodations in the rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.
A reasonable accommodation is a change, exception, adaptation or modification to a policy, program or service, which will allow a person with a disability to use and enjoy a dwelling, including public and common use spaces.
What are some examples of reasonable accommodations?
According to the Fair Housing Act (FHA), it is unlawful for any person to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by a person with a disability, if such modifications may be necessary to afford such person full enjoyment of the premises.
A reasonable modification is a physical change made to a tenant or owner’s living space or common area which is necessary to afford the disabled tenant full enjoyment of his dwelling. Modifications are usually made at the tenant’s expense, except in the case of federally funded housing.
What are some examples of reasonable modifications?
Some reasonable modifications for a tenant with a disability might be:
Tips for Requesting Reasonable Accommodations or Modifications from Your Condominium or Home Owner’s Association
Check with your housing provider, management company or Board of Director’s member to determine if there is a specific method for requesting accommodations or modifications already established. Some housing entities have specific forms that they use for accommodation and modification requests. If those exist, you should use them when making your request.
If no such forms or specific process exists, the next best method for submitting your request is by letter. The letter should be sent by certified mail to the property manager and all members of the Board of Directors. Keep copies of these letters and delivery confirmation for your records.
If you are requesting a reasonable accommodation please provide as much detail about the accommodation as possible. If you know of resources that can assist the property manager or Board of Directors in providing the accommodation you may wish to provide that information as well. (For example, if you are requesting materials in Braille and know of a company that can provide the service at a reasonable cost, you can provide the company’s contact information.)
If you are requesting permission to make a modification to the property, please include the following information in your letter:
It is also recommended that you attach to your letter, or prepare to provide at a later date, documentation verifying that you are a person with a disability and that the accommodation or modification is necessary to afford you equal use/enjoyment of the premises. You should contact your healthcare provider and request that he/she submit a letter on his/her letterhead to your property manger and/or Board of Directors. This letter should contain the following information at a minimum:
In Florida where high-rise condominiums and apartment buildings are as abundant as the sun and sand, elevator outages are of particular concern to Floridians with disabilities. Here are a few tips to help you when your condominium or apartment elevator stops working:
Unfortunately, legitimate elevator repairs can take numerous days and even weeks or months to complete. This occurs especially in older buildings where repair parts are difficult to find, elevators may need to be completely replaced or modifications for code compliance are extensive.
In the event that this occurs in your building, planning is essential. As such, you may wish to:
Click here to view Florida Statue, Chapter 399, pertaining to elevator safety.
Please keep in mind that not all elevator outages are a violation of the Fair Housing Act.
Businesses that are open to the public cannot exclude a service animal from entering their establishments. Examples of businesses that are required to provide public accommodations to individuals with trained service animals are: restaurants, theaters, hotels, grocery stores, hospitals and medical offices, department stores/malls, health clubs, parks, zoos, sporting facilities, and all public transportation systems such as airlines, car rentals, trains/metro systems, buses/shuttles, taxi services, etc. Essentially, wherever any qualified individual with a disability under the ADA is allowed to enter, a working service animal should be allowed to enter.
Business representatives are allowed to ask if an animal is a service animal and what tasks the animal has been trained to perform. A business representative cannot require special ID cards for the animal or ask about the individual’s disability.
For individuals who rely on public transportation, the ADA requires that the public transit systems be “accessible” to individuals with disabilities. This means that an individual with a disability is able to get to a bus stop, board the bus and travel to his/her destination successfully. The ADA requires that public transit entities that provide fixed-route bus or rail services, also provide “complementary paratransit” services to individuals with disabilities who cannot, because of their disability, access the fixed-route system. Individuals with disabilities must qualify for ADA paratransit services through a process that is collaboratively developed by the transit system and the local community.
The eligibility determination process for ADA complementary paratransit is developed by the transit system in consultation with the local community.
The Fair Housing Act prohibits discrimination against an individual who is renting or buying property on the basis of a disability. An example of such discrimination would be: A blind applicant for rental housing wants to live in a dwelling unit with a “seeing eye dog”. The building has a no pets policy. It is a violation for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling.
The Agency for Health Care Administration (AHCA), the administrator for Florida’s Medicaid program, contracted with the Commission for the Transportation Disadvantaged (CTD) to have the CTD administer and manage the Medicaid Non-Emergency Transportation program. Medicaid recipients may be eligible for Medicaid- sponsored non-emergency transportation services and should contact the CTD for additional information or assistance at 1-800-983-2435 or by visiting the CTD Medicaid Non-Emergency Transportation webpage.
The State of Florida’s Commission for the Transportation Disadvantaged (CTD) is an independent commission housed administratively within the Florida Department of Transportation. Their mission is to ensure the availability of efficient, cost-effective, and quality transportation services for persons who are “transportation disadvantaged”. Transportation disadvantaged are those who cannot obtain their own transportation due to a disability, age, or income.
The Department of Transportation issued Americans with Disabilities Act (ADA) regulations for the motor coach industry in September 1998. These regulations require equal access to new motorcoaches and motorcoach service to individuals with disabilities. ADA regulations for delivering accessible motorcoach service went into effect in October 2001 for fixed route, charter, tour and other demand responsive motorcoach companies. The ADA regulations went into effect for small operators in October 2002. In accordance with these regulations, companies must provide accessible coaches and services to a passenger with a disability upon a 48-hour advance request notice
The Federal Transit Administration (FTA) helps to ensure that public transportation systems provide accessible transportation services for individuals with disabilities. For general information visit the FTA website. To contact the FTA Headquarters in Washington DC please call (202) 366-4043, or to contact Region 4 which includes the State of Florida call (404) 562-3500.
Rental car agencies are places of public accommodations and therefore must meet the requirements set forth under Title III of the Americans with Disabilities Act (ADA). Title III ensures that places of public accommodations provide modifications or accommodations to make goods and services available to individuals with disabilities.
The Air Carrier Access Act (ACAA) of 1986 as amended (May 13, 2009) prohibits discrimination based on disability for air traveling passengers. The ACAA also enhances accessibility for airline travel, for both domestic and foreign carriers as well as within airport terminals.
The U.S. Department of Transportation’s Office of Aviation Enforcement and Proceedings Aviation - Consumer Protection Division accepts complaints pertaining to airline/consumer matters and maintains public information on aviation matters.
There are six-circuits in Florida serving 67 counties and 15 Statewide Inpatient Psychiatric Programs (SIPPs) serving the needs of Florida’s youth:
A designated staff person in the local Department of Children and Families (DCF) District Substance Abuse and Mental Health (SAMH) office completes referrals to the Statewide Inpatient Psychiatric Program (SIPP). The parent, guardian, or family member will be told the availability of treatment programs in their area. The youth and the youth’s responsible party will be able to tour the facility and receive an assessment from the provider to determine if all parties involved agree that this is an acceptable course of action. Once the SAMH staff, the youth, responsible party, and the provider determine that admission is appropriate, the SIPP provider will contact the state utilization management contractor for prior authorization of the admission. Then scheduled admission is discussed.
Each provider will supply:
The youth will be given the choice of enrolled providers in his/her area and will be encouraged to select the closest one to his/her residence. Special needs populations will be accommodated.
The Statewide Inpatient Psychiatric Programs (SIPPs) offer the following services:
Whenever the Department denies a request for service, the youth has the right to exercise a formal appeal process mandated under federal law. The process commences with a file review but can go as far as a formal hearing known as a “fair hearing”.
How to Request Reconsideration of the Denial
The youth, legal guardian, attending physician or provider has the right to request a formal reconsideration of any denial of services. The formal reconsideration must be made in writing to the Agency for Healthcare Administration’s (AHCA’s) utilization management contractor within forty (40) calendar days of the date of the notice of initial determination. The date of notice is the date of the letter plus five additional days for mailing. The medical records must be submitted with the request for reconsideration.
The Process for Reviewing the Reconsideration
Upon receipt of the request, a board-certified psychiatrist, not involved in the initial determination, will review all submitted documentation and render a determination within thirty days of receipt. If the second psychiatrist agrees with the original determination, the decision is upheld and the reconsideration process is completed. If the second psychiatrist reverses the original adverse determination, the case is overturned and the reconsideration process is complete.
The Utilization Manager contractor will approve written notification of the reconsideration determination within thirty (30) working days of the dated receipt.
The written request for reconsideration must be sent to Florida’s current Utilization Manager First Health Services of Florida, Inc. at:
Florida Division
Reconsideration Unit
First Health Services of Florida, Inc.
4300 Cox Road
Glen Allen, VA 23060
How to Request a Fair Hearing
After the reconsideration process, a youth can exercise his/her right to appeal the determination further by submitting a request for a fair hearing. A fair hearing is a formal process that allows each party a forum to present witnesses and evidence in support of their positions on provision of services that are at issue. A request for a Fair hearing must be sent to the:
Department of Children and Families
Office of Public Assistance Appeal Hearings
1317 Winewood Boulevard, Building 1, Room 309
Tallahassee, Florida 32399-0700
There are two Vocational Rehabilitation (VR) Programs in Florida: The Division of Vocational Rehabilitation and The Division of Blind Services. Vocational Rehabilitation is the State of Florida’s largest employment program serving the needs of Floridians with disabilities. Both programs are charged with providing an array of employment supports and job placement assistance to eligible individuals with disabilities. These employment supports may include tuition assistance for colleges or vocational schools, books and supplies needed for school, assistive technology aids or devices, transportation services, occupational licenses, vehicle modifications, psychological counseling, medical services, and job placement assistance. Services are individualized and are based on an individual’s needs and employment goals.
Florida has two VR agencies: The Division of Vocational Rehabilitation and the Division of Blind Services. Both agencies are housed within the Florida Department of Education. For more information, please call or visit their websites:
Division of Vocational Rehabilitation (DVR)
VR helpline – 1-866-515-3692 (toll-free)
http://www.rehabworks.org
Division of Blind Services (DBS)
1-800-342-1828
http://dbs.myflorida.com
Although both VR agencies operate under the same federal law and regulations, each agency is allowed to develop its own policies and procedures. Always feel free to request a copy of any policy being cited to you, or visit the websites above to download a copy.
A vocational evaluation can be a useful tool in helping VR and you determine your strengths, interests, aptitudes, skills, weaknesses and types of employment in which you have the ability to succeed. Vocational evaluations are not required for every individual but there may be circumstances (i.e.: inability to return to work in a given area after onset of disability) that make this a valuable source of information for future planning for you and your VR counselor?
If you are determined to be eligible, you and your counselor will develop and agree to an Individualized Plan for Employment (IPE) that will list agreed upon employment goals, and services you will need to become employed. The services are individualized and may be unique to your situation, so please feel free to discuss your specific needs with your counselor. You should be able to explain why your requests will help you to become employed in your rehabilitation program, or why specific services are needed due to your disability.
Yes. Your counselor must approve services and complete an IPE specifying the service before VR is responsible for payment. If you do not have a signed IPE, and your VR counselor did not approve the service, you will not be reimbursed if you purchase a service without VR approval.
Vocational exploration, career and interest assessments, trial-work experiences, on-the-job training, job coaching, supported employment, career planning, counseling and guidance, assistive technology (aids, devices and training), assistance with transportation to participate in your rehabilitation program, vocational training programs, college training, medical and psychological diagnosis and treatment, support services, rehabilitation engineering evaluations and services, and job placement, to name a few. Remember, services may be unique to you, so don’t hesitate to discuss your needs with your counselor.
Yes. You have a right to access your VR file. You or your representative must make the request in writing. Information that is deemed harmful may not be released directly to you but could be provided to your designated representative.
No. The Rehabilitation Act requires that individuals with disabilities have an active voice in choosing employment goals and meaningful careers that are consistent with their interests, strengths, resources, priorities, concerns, abilities and capabilities, and informed choice.
Informed Choice is a right you have as an eligible VR client to understand your options to select your vocational goal, services, and the vendors who will supply services. This is not a guarantee you will receive everything you request, but it is your right to work in partnership with your counselor to identify advantages and disadvantages of different decisions and choices you have in your rehabilitation program.
Both VR agencies have a policy that encourages use of accredited public schools or provision only of the rate of the public school toward tuition at a private school if an individual chooses to attend a private school. However, both agencies have exceptions to this policy if the public school cannot meet the individual’s needs. Example: distance to public school results in a hardship for the individual due to transportation issues. The private school is clearly more convenient in reducing extensive travel time that will cause fatigue due to the individual’s disability. Request the policy and review the procedures to request an exception.
Division of Vocational Rehabilitation (DVR counselors report to their unit supervisors. Supervisors report to an Area Supervisor who reports to an Area Director. DVR has 6 areas and all of the Area Directors report to the Bureau Chief of Client Services, who is stationed in the Tallahassee State DVR office. The State of Florida DVR Director is Bill Palmer.
Division of Blind Services (DBS) counselors report to their unit supervisors. Supervisors report to District Administrators and there are 12 districts. The District Administrators report to the Bureau Chief of Client Services in the Tallahassee State DBS office. The State of Florida DBS Director is Joyce Hildreth.
Your counselor and the counselor’s supervisor should help you understand your rights to challenge any decision with which you disagree. The Client Assistance Program (CAP) is also available to provide information, advice, negotiation or possible representation in disputes with VR agencies in Florida. Please call 1-800-342-0823 or call TDD at 1-800-346-4127, if you need additional assistance or information to resolve disputes with either DVR or DBS.
Minors, age 9 to 17 years of age, may be restrained for up to 2 hours.
Upon release from restraint the person’s physical condition and psychological condition must be observed, evaluated, and documented. A therapeutic debriefing lead by senior management must be conducted to ensure that proper documentation took place and to determine if there were any other interventions that could have been used to keep from restraining the person. The person will be asked to meet with the Treatment Team on the next business day after the restraint to review the incident, to discuss the incident, identify alternative methods for handling crisis situations, address trauma needs, review and update the Personal Safety Plan and modify the person’s plan of care, treatment and services as needed.
A Personal Safety Form is a document that persons entering a mental health treatment facility are asked to complete. It allows the person to provide staff with information on the best methods to:
EVERY FACILITY must have a complaint process in place to investigate complaints made by a person in the facility or by a guardian, family member, friend, or other interested individual on the person’s behalf.
The Statewide Advocacy Council (SAC) serves to protect and advocate for a better quality of life for Floridians with unique needs. Under SAC, local advocacy councils exist to investigate complaints of abuse or deprivation of rights by a state agency or its providers.
If you believe that a person has been unjustly restrained or restrained in a manner that violates the person’s rights, contact can be made with the:
Restraint must not be implemented automatically or as part of a slow-down plan for undesirable behavior. Each facility or provider must have policies and procedures related to the use of restraints (physical, including four point restraint, mat wrap, range of motion, and chemical restraint) that follow the standards outlined in the Florida Administrative Code (F.A.C.) 65G-8. Upon initiating a restraint procedure on a person with developmental disabilities (DD), staff must immediately notify the highest-level direct care supervisor. Restraints must be terminated immediately when the emergency ends.
Restraints can only be used if a sufficient number of trained and certified staff is available to ensure its safe implementation. Staff must meet certain qualifications that are outlined by the State of Florida. Staff must be trained using an emergency procedure curriculum that has been approved by the Agency for Persons with Disabilities (APD).
Restraints lasting longer than one hour require approval by a designated staff person, or “authorizing agent”. A person cannot be restrained for more than two hours without the authorizing agent performing a visual review and approval of the procedure. Each use of restraints, however, requires continuous staff monitoring.
If a person with a developmental disability is restrained more than two times in any thirty-day period or six times in any twelve-month period, then the facility or provider should submit a request for behavioral analysis services for that person, including documentation of the frequency of “reactive strategies” (seclusion and restraint) use. This means that a behavioral assessment must be conducted to determine why the individual is engaging in the dangerous behavior, and that an individualized behavior intervention plan must be put in place.
When a person is admitted to a facility or program, the facility or program must obtain information about the individual that relates to the use of “reactive strategies” (seclusion and restraint). This information should come from a variety of sources, be documented in the person’s records, and be updated at least annually. Information should include:
Some specific rights of individuals residing in forensic mental health facilities are:
Every facility or program should have a complaint process in place to investigate complaints made by a person in the facility or by a guardian, family member, friend or other interested individual. Sometimes this is called a “grievance” process. If you believe that a person has been unjustly restrained, or secluded in a manner that violated the person’s rights you may also contact:
How to report a Rights Violation: An individual can report a rights violation by contacting the Local Advocacy Council at 1-800-342-0825 or Disability Rights Florida at 1-800-342-0823. An individual can also write to the court by filing a Writ of Habeas corpus or a Petition for Redress of Grievance to:
Staff members at the facility will provide the individual a copy of a Writ and will assist in filing the Writ with the Clerk of the County Court.
An individual also has the right to contact an attorney.
Seclusion lasting longer than one hour requires approval by a designated staff person, or “authorizing agent”. This person must meet certain qualifications that are outlined by the State of Florida. A person cannot be secluded for more than two hours without the authorizing agent performing a visual review and approval of the procedure. Each use of seclusion, however, requires continuous staff monitoring.
Each facility or provider must have policies and procedures related to the use of seclusion that follow the standards outlined in Florida Administrative Code (F.A.C.) 65G-8. Seclusion can only be used if a sufficient number of trained and certified staff are available to ensure it is safe. Staff must be trained in an emergency procedure course that has been approved by the Agency for Persons with Disabilities (APD).
If a person with a developmental disability or disabilities is secluded more than two times in any thirty-day period or six times in any twelve-month period, then the facility or provider should submit a request for behavioral analysis services for that person, including documentation of the frequency of reactive (restraint and seclusion) strategy use. This means that a behavioral assessment must be conducted to determine why the individual is engaging in the dangerous behavior, and for an individualized behavior intervention plan to be put in place.
Seclusion must be ended when the emergency ends. Facilities and providers must establish desired behavioral criteria for ending seclusion, and the person must be released within five (5) minutes of meeting those criteria. However, providers and facilities can seek an exemption from this requirement through a process outlined in Florida Statute.
Seclusion should be limited to one (1) hour in duration, but additional time may be added by the authorizing agent if that person determines an emergency situation still exists.
When a person is admitted to a facility or program, the facility or program must obtain information about the individual that relates to the use of “reactive strategies” (seclusion and restraint). This information should come from a variety of sources, be documented in the person’s records, and be updated at least annually. Information should include:
Every facility or program should have a complaint process in place to investigate complaints made by a person in the facility or by a guardian, family member, friend or other interested individual. Sometimes this is called a “grievance” process. If you believe that a person has been unjustly secluded, or secluded in a manner that violated the person’s rights you may also contact:
Similar to having accommodations for the classroom, students with disabilities may be provided with accommodations for the Florida Comprehensive Assessment Test (FCAT). Just like the student’s accommodations for the classroom, the accommodations for the FCAT should also be listed on the student’s Individualized Education Plan (IEP). The student’s IEP must determine what accommodations the student will need. Accommodations are changes in how the test is given and not in what is tested on the FCAT. The purpose of providing accommodations is to enable the student to demonstrate knowledge and skills without affecting the validity or reliability of the test. Some accommodations allowed in the classroom are not allowed on the FCAT. Examples of accommodations not allowed on the FCAT include: use of calculator for basic computation in grades 3 through 6, use of spelling or grammar check on written responses, graphic organizer software to assist in preparing responses, text-to-speech software for the reading portion of the test, having a proctor read aloud items that test reading skills. To review those accommodations allowed during the FCAT, please click on the following link for a 2003 Florida Department of Education publication: http://www.fldoe.org/ese/pdf/descfcat.pdf
Students requiring unique accommodations not found on the publication must be approved by the Commissioner of Education.
In order for students in grade 3 to be promoted to grade 4, they must score at least a level 2 in reading on the 3rd grade Florida Comprehensive Assessment Test (FCAT). If a student does not receive a level 2 or higher in the 3rd grade reading portion of the FCAT, the student will be retained in the 3rd grade. There are, however, good cause exemptions that may allow a student in these circumstances to still be promoted on to the 4th grade. Students who meet one of the following criteria may be considered for a good cause exemption:
Mid-year promotion is available to a retained 3rd grader who, during the first semester of the school year, demonstrates mastery of the 3rd grade Language Arts SSS benchmarks and beginning mastery of the 4th grade Language Arts SSS benchmarks (mastery should be consistent with the month of promotion to 4th grade). One way the student may show this is by completing a portfolio that demonstrates mastery of the appropriate benchmarks.
Inclusive education, according to its most basic definition, means that students with disabilities are educated in age-appropriate general education classes in their home schools and receive the specialized instruction identified and outlined in their individualized education plan (IEP).
Inclusion – What does the law say? IDEA does not use the term "inclusion”. IDEA uses the term Least Restrictive Environment (LRE). IDEA defines this to mean that to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services," with their non-disabled peers in the school they would attend if not disabled, unless a student's individualized education program (IEP) requires some other arrangement.
IDEA does not require that every student with a disability be placed in the regular classroom regardless of individual abilities and needs. IDEA recognizes that not all students can be served appropriately through this model therefore school districts must make available a range of placement options, known as a continuum of alternative placements, to meet the unique educational needs of students with disabilities. This requirement continues to reinforce the importance of individualized supports and services and that education is not a “one size fits all” model for determining placement for students with disabilities. The options on this continuum must include the alternative placements listed in the definition of special education under 300.17 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions).
Inclusion is not the same as mainstreaming or integration. Mainstreaming attempts to move students from special education classrooms to regular education classrooms only in situations where they are able to keep up with their typically developing peers. Integration provides only “part-time” inclusion, which prevents the students from becoming full members of the classroom community.
Best practice and research shows that inclusion benefits all students involved in the process. Students with disabilities who are taught within the general education classroom with supports and systematic instruction achieve better outcomes in the areas of academics, communication, social, and behavior. Teachers who teach students with disabilities become more confident about their ability to teach students with diverse and unique needs. Research studies also show the distinct benefits that inclusion provides to students without disabilities. These students typically experience growth in social and emotional well being and gain a greater understanding and acceptance of students with disabilities and of diversity in general. Students without disabilities also experience increased self-esteem and overall improvement in their own self-development. There are no studies that document unfavorable academic or social effects on students without disabilities when students with disabilities participate in the general education classroom.
Inclusion! The Bigger Picture
by Marsha Forest & Jack Pearpoint
Least Restrictive Environment (LRE) & FAPE
by Pete Wright, Esq. and Pamela Wright, MA, MSW
Florida Department of Education Technical Assistance Paper:
Least Restrictive Environment Considerations Related to Individual Educational Plans
QuickTime is required to view the training video. If you do not have QuickTime, you can download it here.
Exceptional Student Education - Understanding the Eligibility Process
Title I of the Americans with Disabilities Act of 1990 prohibits discrimination in the workplace. Title I has been designed to address and remove barriers to employment so individuals with disabilities can enjoy the same employment opportunities as people without disabilities.
A qualified individual with a disability has a right to engage in America’s workforce free of discrimination by businesses with 15 or more employees.
For additional information on the ADA and reasonable accommodations, you can visit these links:
Contact these resources for further assistance:
For additional information about other workplace issues, such as unemployment compensation, worker’s compensation, wage and hour laws, and the Family Medical Leave Act, you can contact the phone numbers/websites below.
Department of Juvenile Justice (DJJ) Residential Services must adhere to the following basic principles:
A youth may have problems cognitively and may have difficulty understanding rules, following direction and adapting in the correctional setting. Early identification of youth with DD is critical to providing appropriate care and access to necessary services.
Department of Juvenile Justice (DJJ) staff must be aware of information and behavior that suggest developmental disabilities such as:
Once DJJ identifies a youth with developmental disabilities, then:
Someone’s access to quality medical services must, at a minimum, be adversely affected by a 1915 (b)(4) wavier program. A wavier must assure an adequate amount of services are available during reasonable time periods and within reasonable geographic distance from the residence of the youth enrolled under the waiver. Furthermore, access to emergency services and family planning services must not be restricted.
Upon admission into a Department of Juvenile Justice (DJJ) program, youth are assessed for the following:
Youth with DD may respond adversely to the admission screening because of physical and emotional trauma, therefore staff may utilize the components below.
Every youth in a Department of Juvenile Justice (DJJ) program, has a right to file a grievance, if he/she feels his/her rights have been violated.
A youth has the right to grieve the actions of program staff, conditions, and circumstances in the residential commitment program that the youth believes violates his/her rights.
DJJ requires each residential commitment program to have a written procedure for a grievance and appeal process. The procedure must ensure that DJJ staff handle grievances without interference or delay. Grievances can be appealed up to the Program Director.
Requirements for Use of Protective Action Response (PAR)
Each Department of Juvenile Justice (DJJ) facility or provider must have policies and procedures related to the use of PAR that follows the standards outlined in the Florida Administrative Code. Each provider will have an approved list of holds or techniques they can use called a “Matrix”. This Matrix is the authorized list of holds the DJJ facility or provider can use on a youth.
Staff Requirements for Use of PAR
PAR can only be used by an authorized staff that is certified in PAR and has passed the state performance test. Staff must be trained in using an emergency procedure curriculum that has been approved by DJJ.
Use of the PAR for Assessing Appropriate Intervention Techniques
DJJ facility staff or provider use the PAR Escalation Matrix for guidance in selecting the level of technique they can use based upon the youth’s level of resistance. Then staff began using verbal interventions listed below :
Staff will provide complete documentation of the event including medical status, incident report, maxtric of events, and staff notes. The Program Director or their designee will review the documentation for accuracy procedure compliance.
PAR was authorized by the Department of Juvenile Justice (DJJ) and each provider submits a plan on what techniques they will use in their program. The techniques can include those listed below. The Assistant Secretary of Staff Development and training or designee will approve the matrix of each provider. PAR techniques include the following:
The Department authorizes the following mechanical restraints within the facility: handcuffs, leg restraint, restraint belt, soft restraints and waist chain. There are two authorized methods that can be used for handcuffs “in front of the youth and behind the youth”. All facilities except for low risk shall use mechanical restraints to transport youth. Low risk facilities can use handcuffs and leg cuffs if the youth is assessed as a security risk.
No more than two youth can be chained or handcuffed together. Pregnant youth must be handcuffed in the front.
The Florida Administrative Code prohibits authorization of the use of:
Supervision of youth in mechanical restraints requires:
Every facility or program should have a complaint process in place to investigate complaints made by a youth in the facility or by a parent, guardian, family member, friend or other interested individual. Sometimes this is called a “grievance” procedure.
If you believe that a person has been unjustly restrained, or secluded in a manner that violated the person’s rights you may also contact:
The DCF website provides the following information:
A. The Florida Abuse Hotline will accept a report when:
OR
TELEPHONE: 1-800-96-ABUSE (1-800-962-2873)
TDD (Telephone Device for the Deaf): 1-800-453-5145
FAX: 1-800-914-0004
Depending upon the allegations and the resources available, Disability Rights Florida will determine if it will conduct a secondary investigation or take no action. You can call Disability Rights Florida toll-free at 1-800-342-0823.
Imagine the Possibilities: Innovative Hiring Through Assistive Technology from Disability Rights Florida on Vimeo.
Parents and guardians are entitled to notification so that they can learn about what is happening in school and take appropriate action.
The notification must be in writing and provided before the end of the school day on which the restraint or seclusion occurs. Reasonable efforts must also be taken to notify the parent or guardian by telephone or computer e-mail or both. These efforts must be documented. The school shall obtain and keep in its records, the parent's or guardian's signed acknowledgment that he or she was notified of his or her child's restraint or seclusion.
Schools must write incident reports and send them to parents and guardians, principals, district special education directors and the state special education bureau chief.
The question often comes up - what can a parent do to help reduce restraint and seclusion use, prevent abusive restraint and seclusion use, and to respond to it when it occurs?
The TASH website is an excellent resource about how to write a No Consent Letter, how to monitor your child's program and some basic guidance about reporting abuse. Read each section of this Disability Topic to learn more about how to advocate for your child.
If you suspect abusive use of restraint or seclusion or non-compliance with Florida law governing use of restraint and seclusion in school, there are many ways to seek assistance.
The Department of Children and Families will investigate suspected cases of abuse in the school. If your concerns meet the definition of an emergency situation, first call 911 or your local law enforcement agency.
325 West Gaines Street
Tallahassee, Florida 32399-0400
Phone: 850-245-0438
Fax: 850-245-0621
Office of Professional Practices Services investigates alleged misconduct by educators who hold a Florida Educator Certificate or a valid application for a Florida Educator Certificate. To read more about professional practices, visit this website.
Bureau of Exceptional Education and Student Services
Florida Department of Education
325 West Gaines Street, Suite 614
Tallahassee, Florida 32399-0400
Fax #: 850-245-0953
The Florida Department of Education maintains a state complaint procedure whereby parents and other interested parties may file a written complaint alleging that a public agency has violated state or federal requirements regarding the education of students with disabilities or gifted students.
The signed, written state complaint must:
In addition, the party filing the state complaint must forward a copy of the complaint to the school district serving the child at the same time the complaint is filed. (Section 300.153 of Title 34 of the Code of Federal Regulations)
To file a complaint, people may mail or fax a letter or use OCR’s Discrimination Complaint Form available from one of OCR’s enforcement offices. In your correspondence, please include:
You may may file a complaint with OCR online at this web site.
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