FEB 15 1996 The Honorable Deborah Pryce U.S. House of Representatives 128 Cannon House Office Building Washington, D.C. 20515 Dear Congresswoman Pryce: I am responding to your letter on behalf of your constituent, XX , regardig the rights of XX XX under the Americans with Disabilities Act of 1990 (ADA). The response to your letter was delayed because of the shutdown of the Federal government. I apologize for any inconvenience to your constituent. According to XX letter, XX is an individual with a disability who is considered to be incompetent under the law of the State of Maryland. XX apparently disagrees with the State's competency decision. Title II of the ADA prohibits discrimination by State and local government entities on the basis of disability. The ADA does not, however, generally provide a basis for overturning the disability-neutral decisions of State courts regarding the competency of particular individuals. The proper course for challenging such a determination is by appealing the competency decision through the State's judicial or administrative process. If XX was discriminated against in some particular manner during the proceedings to determine his competency, he, or his representative, may file a complaint under title II of the ADA. Such a complaint must be in writing and must include the name and address of the complaining individual with a disability. Such a complaint must identify the entity alleged to have discriminated on the basis of disability and must describe the particular instance of discrimination. To assist XX , I have enclosed the Department's regulation implementing title II of the ADA and a title II complaint form. cc: Records, Chrono, Wodatch, McDowney, Blizard, Hill, FOIA Udd:Hille:Policylt:Pryce.ltr 01-04148 - 2 - XX also disagrees with the State of Maryland's determination that XX father must continue to support his son financially. Again, title II of the ADA does not provide a general means to challenge State child support rulings. The proper course is to file an appeal through the State's judicial or administrative process. I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-04149 XX XX XX September 12, 1995 Att: Robert Nichols Deborah Pryce United States Represenative 200 North High STreet Suite 400 Columbus, OH 43215 Dear Mr. Nichols: Thank you for returning my phone call today. I am going to greatfully accept your offer of help in regards to getting needed information to and from the following Federal Government agency. 1. The inspector General of the Dept. of Health and Human Services 2. The Federal Division of the criminal Division of the Civil rights, U.S. Justice. 3. The Federal Division of the Disability rights Section of the United States Justice. THIS LETTER WILL AUTHORIZE YOU TO INQUIRE ON MY AND MY BROTHERS BEHALF INTO ALL MATTERS RELATING TO HIS ADULT SONS DISABILITY IN REGARDS TO HIS DISABILITY RIGHTS, EMANCIPATION, AND WHO HAS THE DUTY TO SUPPORT AN ADULT DISABLED PERSON. The greatest concern we haVE IS THE FACT THE STATE OF MARYLAND WILL NOT TELL US THE LOCATION OR THE WELFARE OF XX . They state of maryland also claims he is unemancipated due to his disability, XX . This means all his rights are taken away and the state of maryland can treat him as an infant. He has no right to chose where he wants to live ordoes not have control of his money or his life. My brother raised his son until the age of XX XX to maryland XX . this was a sad day for us. XX is a high school grad. and should be emancipated so he can contact his father and not be held prisoner of the State of Maryland. I am power of attorney for my brother XX and I will send you a copy of the power of attorney for your files. God Bless you for helping us, and God bless America, maybe you can help to old veterans of the Air Force and the U.S. Coast Guard. Sincerely, XX XX XX 01-04150