What’s in Bill 18-

18-501,
501,
the Developmental Disabilities Reform Act (DDRA)?

Problem Resolution

The DDRA gives people multiple ways to resolve problems

with their supports and services. A person can file a
complaint with:

The person’s support coordinator;

The D.C. Department on Disability Services (DDS),
which will have an office to help people solve problems
with services at the DDS Developmental Disabilities
Administration (DDA); and

The D.C. Office of Administrative Hearings (for
Medicaid services).1

A person can file a complaint with any of these entities at

any time. However, person cannot file at two places at the
same time. A person or a member of his or her support
network can file a complaint on behalf of the person.

1
The right to file a request for a fair hearing about a person's
Medicaid services already exists. The DDRA does not alter
this right in any way.
A person can also ask the Family Court of the D.C. Superior
Court to review an action (or inaction) of the DDA at any
time.

Protections when Filing a Complaint

No individual, agency or provider may retaliate against a
person who files a complaint or requests a hearing. The DDS
grievance office will report any individual, agency or
provider that retaliates against someone who files a
grievance to the D.C. Inspector General.

If a person opposes a plan to reduce or change his or her

services, filing a complaint will keep the proposed reduction
or change from taking place.

DDS Problem Resolution System

DDS will set up an office to resolve problems on behalf of
DDA. The office will try to resolve the complaints but will
not act as a fact finder.

A person can file a complaint with DDS orally, in

writing, or electronically and must have access to help in
filing a complaint.

A person has a right to be represented throughout the

process.

The process must have definite time frames (to be
established by DDS through regulation) and a process
for expedited review for complaints alleging abuse or
neglect.

Once it receives a complaint, the DDS problem

resolution office will first try to solve the problem
informally, within 5 business days. A person can opt out
of this informal process.

If an informal resolution fails or if a person opts out of

the informal process, the DDS problem resolution office
will try to resolve the problem using alternative dispute
resolution techniques within 5 business days. If the
parties are able to come to an agreement, the office will
draft a written agreement.

If DDA has a reasonable belief that a person is at

imminent risk of harm, DDA must immediately take all
steps to protect the person from harm.

If DDS or DDA fails to complete any of the steps in the

process within the time frames specified in the law or in
the implementing regulations, the step is considered to
have occurred and the person can proceed without
having to wait for the step.
Request for Superior Court Review of Agency Action
At any time a person may petition the Family Court of the
Superior Court for review of agency action under Title I of
the DDRA.

A person (or the person’s attorney, advocate, parent,

guardian, or other legal representative) may file a
petition for review of agency action with the Family
Court.

The petition and any filings with the Court are privileged
and confidential as if filed under seal. The Court will
conduct a hearing promptly. Hearings will be informal
and closed to the public unless the person asks for a
hearing to be open to the public.

The person may testify (but is not required to testify) and

may call witnesses, present evidence, and cross-examine
opposing witnesses.

DDA will have the burden of proof for all cases

involving a termination, reduction or delay of a service
or benefit. If person is proposing that DDA take action
or grant a benefit, the person will have the burden of
proof.

The Court will waive its usual filing fees and will pay
mileage for witnesses.

Any order of the Court may be appealed in a like manner

as other civil actions.

Civil Remedy
The DDRA preserves the right under existing law for anyone
to initiate an action in the Superior Court to compel the
rights of persons with developmental disabilities. A person
has the right to a civil remedy of not less than $25 per day,
paid by the District for each day on which the person is not
provided with adequate supports and services under the
person’s ISP.

Deprivation of Civil Rights and Liability

Liability
The DDRA preserves the assurance under existing law that
no person shall be deprived of any civil right solely by
reason of having received supports and services under the
DDRA. Any person who violates or abuses any rights or
privileges will be liable for damages as determined by law,
for Court costs, and for reasonable attorneys’ fees. Anyone
who acts in good faith compliance is immune from civil or
criminal liability.
 October, 2009. For more information, visit http://dc-
ddleg.blogspot.com or contact the DDS MAC Legislative
Committee through tjsutcliffe@arcdc.net or (202) 636-2963.