This case was filed when NMPASI personnel were denied access to the JDU facility in Kagman. NMPASI’s sole intent is to “access” the facility and the residents in order to facilitate appropriate services for the residents. At present, despite the clear ruling in our favor, we continue to face challenges in our efforts to facilitate appropriate services for some of the residents of the facility.
The order resoundingly affirms NMPASI’s access authority as mandated by the following federal statutes: the Protection and Advocacy for the Mentally Ill Individuals Act of 1991, 42 U.S.C. § 1080, et seq; the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), 42 U.S.C. § 15001 et seq; and the Protection and Advocacy for Individual Rights Act (PAIR Act), 29 U.S.C. § 794e(a).The order dictated that NMPASI be provided two types of access to the JDU facility: (1) For investigations and (2) education/training. With the first, NMPASI has the legal authority to investigate any reported allegations of abuse and neglect at the JDU facility, and legal access to review records of residents determined to have mental or physical disabilities if there is probable cause to believe that the resident has been subject to abuse and neglect. With the second, the order grants NMPASI access authority to residents and staff of the facility and all areas of the facility that is accessible to the residents in order to provide relevant education/training — NMPASI must be allotted unimpeded and reasonable time with the facility residents. Generally, NMPASI has the authority to inspect and photograph areas accessible to residents in order to document evidence of suspected abuse and neglect of residents.
This is a very important and monumental ruling for NMPASI and the entire CNMI because of the level of reinforcement and awareness that it entails. The ruling reinforces continued protection for individuals with disabilities who are incarcerated or institutionalized. Additionally, the access authority emphasizes NMPASI’s obligation to step up in its fiduciary duties to ensure continued protection for individual with disabilities. NMPASI is part of a much larger advocacy group known nationwide as P&A’s (Protection and Advocacy). P&A’s were created by the U.S Congress 35 years ago to protect and advocate for individuals with physical and mental disabilities. Congress created the P&A system due to findings that individuals with disabilities were often abused and neglected in state institutions.
Locally, NMPASI serves as the CNMI’s P&A and exists to protect the civil, legal, and human interests of individual with disabilities regardless of citizenship. NMPASI recognizes the need for continued collaboration with partner agencies and the community as a whole to ensure equal protection for individuals with disabilities; however, NMPASI is prepared and equipped to take an adversarial stance to protect and advocate for the rights of individuals with disabilities.
For more on the mission of the Northern Marianas Protection & Advocacy Systems Inc. (NMPASI) and/or the rights of individuals with disabilities, please contact the NMPASI office at (670) 235-7273/4 (voice) / 235-7275 (fax) / 235-7278 (tty) or connect with us on-line at www.nmpasi.com.
JIMMY “BIG TUNA” SABLAN
Program Manager
Northern Marianas Protection
& Advocacy Systems Inc.
