Blog Topic

Dealing With DDD (Division of Developmental Disabilities): Protecting Your Loved One
Posted by: Craig A. Knapp
July 07, 2011

When dealing with the DDD, there is a golden rule: document everything and be specific. Below are some precautionary steps you should take to ensure proper treatment and interaction with your special loved one dealing with autism, Down Syndrome, traumatic brain injuries, cerebral palsy, etc...

1.) If it's not written in the ISP, it didn't happen. According to DDD, if it's not in writing in your Individual Support Plan (ISP), then it didn't happen--you didn't discuss it and their care givers don't have to do it. So, you must have all of the things that are important to protect your loved one in the ISP or the care givers don't have to do it. You should prepare your ISP document as though you are describing your loved one to someone that knows nothing about them, their disabilities or their needs. Everything must be spelled out completely.

Example: your loved one cannot chew their food and is a choking risk.

DO NOT simply say that their food must be cut up in small bites.

DO be specific. Say that their food must be cut up into dime-sized pieces or kidney bean sized pieces.

Unbelievably, there was a situation wherein the special adult choked to death despite being labeled as a high choking risk since the word "dime-size" was not in the ISP. The care givers said they thought cutting the sandwich into quarters was small enough and they thought is was okay to serve him a whole, uncut burrito. Tragic!

2.) Don't be fooled by DDD's definitions of services. If you have it in your ISP that your loved one is to have "CONSTANT SUPERVISION" what do you think that means? According to DDD, it means that they must have a care giver in the same home with them that will check on them from time to time. It does NOT mean that they will have a care giver constantly supervise them and actually know what they are doing. Again, everything must be spelled out completely.

Example: your loved one needs someone with them at all times.

DO NOT say that they need constant supervision.

DO use the words "1 on 1". State specifically they need "1 on 1 during meals" or "1 on 1 during bath time"

You must have the words "1 on 1" coupled with some specific time frame or activity.

3.) Document everything. If something is not being followed that is in the ISP, then make sure that you follow up with it in some form of writing. Again, if it isn't in writing, then it didn't happen. So, simply making a phone call and discussing your concerns has no impact. You must also follow it up with some kind of writing. Emails are a quick way to document conversations.

If you have further questions about your rights in dealing with neglect and abuse in a group home, please feel free to contact Knapp & Roberts for expert legal advice. We understand what you're going through and will do everything we can to help you through it.  Individuals with special needs matter!  Let us be your voice.

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