An organization that serves as the watchdog for how Alabama treats people with disabilities is under federal review after a series of complaints.

The U.S. Department of Health and Human Services will visit the Alabama Disabilities Advocacy Program later this month to evaluate whether the organization appropriately uses public funds and complies with federal regulations.

Nancy Anderson, the interim director of the Disabilities Advocacy Program, told AL.com that concerns have been raised about the work the organization prioritized this year.

“Are we able to take every case that comes our way? No. We have eligibility criteria that guide the work that we do … And, unfortunately, we have resource limitations; there are only so many of us doing this work,” Anderson said in a statement.

“Inevitably, we are going to disappoint some people by not being able to provide them with the help they want. Finally, are we always able to achieve the outcomes desired by someone when we are working with them? Again, the answer is no.”

Selvin Garcia, the program specialist overseeing the review, said the federal government received “various complaints.”

“I unfortunately cannot share additional information at this time,” said Garcia in an email to AL.com.

The Alabama Disabilities Advocacy Program is the federally-funded protection agency for children and adults with disabilities in the state. Part of the University of Alabama law school, the agency is tasked with monitoring and investigating psychiatric residential treatment facilities for youth, nursing homes and other inpatient institutions that house people with disabilities.

They also advocate for independent living and employment opportunities for people with disabilities and for special education students to ensure that they receive the supports mandated by law.

The Administration for Community Living, a division of the federal department, is conducting the review.

Members of the public can provide comments on their experience with ADAP by July 31. More information can be found here.

Garcia said possible outcomes “depend on the nature of the review and the severity of the findings.”

“But generally it provides compliance confirmation, recommendations for improvement, corrective action plan, technical assistance, etc,” Garcia said in a statement to AL.com.

The Alabama Disabilities Advocacy Program is currently in litigation with the Alabama Department of Human Resources after filing a lawsuit in 2021, alleging that the state “discriminates against foster children and youth with mental impairments by unnecessarily segregating them in restrictive, psychiatric residential treatment facilities.”

Earlier this year ADAP filed a class-action lawsuit against Alabama Medicaid and the Department of Senior Services, arguing that the agencies violated the civil rights of thousands of residents with disabilities and elderly individuals who rely on support from the state to get care in their communities.

“We welcome the opportunity to share our work with the site visit team — why we do it, how we do it, for whom we do it,” Anderson said. “I suspect we will learn ways in which we might approach our work differently or better. We welcome that learning if it means we have new and better ways to represent Alabamians with disabilities.”

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