14 Items to Include in A Position Statement

In this IHSS tips video, advocate Larry Rosen talks about 14 documents that are helpful in a claimant position statement. Among the documents are: IEP, IPP, ABA notes, Psychological assessments, SCIA assessments, Capacity Declaration, SOC 821 form, Occupational Therapy Report, Speech Report, Physical Therapy Report, Potentially Dangerous Behavior Log, Incident reports, Relevant legal citations, Rebuttal to County’s statement of position.

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Video Notes:

Last week I represented a client after they had already made several postponements. Therefore, I didn’t have the opportunity to package together a position statement beforehand. As a result, of missing those documents, I felt the case wasn’t as strong as it could have been. To improve our process, I decided to consult with my business partner, David Wolff, and he compiled a list of documents that we feel are essential for the administrative hearing.

List of 14 things to include in a position statement

  • IEP (Individual Educational Plan)
  • IPP (Individualized Performance Plan)
  • ABA Notes
  • Psychological assessments
  • SCIA assessments (when appropriate)
  • Capacity Declaration (when appropriate)
  • SOC 821 form
  • Occupational Therapy Report
  • Speech Report
  • Physical Therapy Report
  • Potentially Dangerous Behavior Log
  • Incident reports
  • Relevant legal citations – e-notes, ACIN, ACL, regulations, statutes, relevant case law
  • Rebuttal to county’s statement of position

IEP

The IEP is extremely important because it provides observations from third parties who have worked with the potential recipient on a daily basis. Also, an IEP provides behavioral goals that have been established by an IEP team. As a result, there are some e-notes written that show how judges have made the assumption that, “if it happens at school, it must happen at home”. Therefore, this document is really good to bring to an administrative hearing.

IPP

This regional center document contains more parent provided information rather than information provided by a team. The parent reports information to a regional center employee, who then records the parent’s concerns. This leads to a genuine expression of a parent reporting their observations, mainly because it’s reported at a time not necessarily in connection with trying to obtain a service. It may also contain observations that the RC worker witnessed while gathering information from the parent. Lastly, the IPP could contain behavioral goals that will be used by the RC to determine whether services should be rendered.

ABA Notes

These third party notes gauge the effectiveness of a treatment plan. The behavioral data can be gathered from school, regional center, or a mediCal funded services. ABA notes are great for establishing a baseline and showing educational progress. In regards to protective supervision, the behavioral data can show the ability or inability of the recipient to assess potential danger.

Psychological Assessments

Psychological assessments are typically associated with transitional periods. For example, when transitioning from early start RC to typical RC at age 3. Another example would be when you have triennial reports with the school district. These reports contain baselines and observations from the classroom or by a trained clinician. Also, there may be conclusions that help determination if the recipient has a mental impairment, and/or the level of severity.

SCIA Assessments

When appropriate, SCIA assessments are for individuals that have “Special Circumstances Individual Assistance”. SCIA is provided for students with disabilities when additional support is necessary for the student to meet his or her goals and objectives. This includes one-on-one aids with or without ABA training. The assessment contains data based upon observations in the school. This data can determine whether SCIA is required or not.

Capacity Declaration

Of importance is the capacity declaration that was submitted when obtaining conservatorship of an older individual. This is completed by a licensed clinician for a function other than the assertation of protective supervision. In my opinion, this is given higher weight than SOC 821.

SOC 821 Form

SOC 821 is based on parent reporting and possibly some doctor observations. With a doctor signature, the doctor is risking their reputation and license by agreeing that what the parent says is accurate. This includes, acknowledging that the individual has a certain level of need, indicates the duration of time the recipient has had the disability, and what the prognosis is. By itself, SOC 821 doesn’t stand as a convincing document. But it does support your other third party documentation.

Occupational, Speech, & Physical Therapy Reports

These reports are good for reporting observations made by a therapist during therapy sessions. Potentially, they may expose what degree the recipient has the inability to ambulate, their potential to get into trouble, and/or partake in self-harm.

Potentially Dangerous Behavior Log

Although this log may not contain all the day’s events, it should provide an example of the types of things that happen during the day. I would suggest completing an entry at the end of each day.

Incident Reports

Incident reports from school or other agencies, like the police, that record an injury or redirection away from a potential injury. These can show what could possibly happen if you weren’t redirecting.

There are many legal documents that you can cite to provide a legal basis for your case. For example, E-Notes, MPPs, ACLs, all county information notices, regulations, statutes, relevant case law, etc.

Rebuttal to County’s Statement of Position

Before an administrative hearing, it’s a good idea to write your rebuttal to the county’s position. Often times, there will be several items that you need to contest. Writing out a rebuttal will help you to not forget to address those items.

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IHSS Tips graphic with a person holding documents. Title says: "Documents to include in a positional statement for administrative hearing". Text in bottom right corner of graphic says, "With Advocate Larry Rosen".
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