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Administration on Developmental Disabilitiesskip to primary page content

Program Instructions ADD PI-94-1

ADD-PI-94-1
Issued 11/23/94

TO:

Directors, State Protection and Advocacy Agencies

SUBJECT:

Standing of the State P&A System to Bring Suit.

 

LEGAL AND RELATED REFERENCES:
The Developmental Disabilities Assistance and Bill of Rights Act, P.L. 103-230 (42 U.S.C. 6000, et seq.) Section 142(a)(2)(A).

Senate Report 103-120, 103rd Congress, 1st Session, August 3, 1993, Pages 39-40.

CONTENT:
There are continuing questions regarding standing of the P&A Systems to bring suit in Federal courts on behalf of individuals with developmental disabilities in their State. As indicated in Senate Report 103-120, 103rd Congress, 1st Session, August 3, 1993, Pages 39-40, on Pub. L. 103-230, the Senate Committee on Labor and Human Resources concluded that the designated State Protection and Advocacy System has the authority to bring a lawsuit in the Federal courts in its own right (legal standing) to redress issues of abuse and neglect, discrimination and other rights violations against individuals with developmental disabilities. For reference, the report states that:

"The Committee heard testimony about the waste of scarce resources that are expended on litigating the issue of whether P&A systems have standing to bring suit. The Committee wishes to make it clear that we have reviewed this issue and have decided that no statutory fix is necessary because the current statute is clear that P&A systems have standing to pursue legal remedies to ensure the protection and advocacy for the rights of individuals with developmental disabilities within the State. The Committee has reviewed and concurs with the holding and rationale in Goldstein v. Coughlin, 83 F.R.D. 613 (1979) and Rubenstein v. Benedictine Hospital, 790 F. Supp. 396 (N.D.N.Y. 1992)."

Through this Program Instruction ADD wants to inform you of the Senate Committee Report comment on standing. However, ADD also wants to apprise you of the limitations of this Report language. The statement in the Report is legislative history rather than legislation. As such it does not bind the courts to the position endorsed by the Committee, but courts may find the comment persuasive in resolving the issue of standing in favor of P&A agencies. Secondly, although not specifically limited to the Federal courts, the comment would appear to be applicable only to those courts because Congress does not usually exercise authority on issues concerning standing before State courts, and because the cases cited in the Report were in Federal courts.

/signature/

Bob Williams
Commissioner
Administration on Developmental Disabilities

INQUIRIES TO:
Paula Jorisch, Program Specialist, POD ACF Regional Administrators