The Individualized Habilitation Plan (IHP)
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
By the time a child reaches the age of twenty-one most parents are
very familiar with the IEP process in special education. However, most
parents do not realize that the Division of Developmental Disabilities
(DDD) is also required to undergo a process similar to the creation of
an IEP. Instead of developing an Individual Education Program, DDD is
required to develop an Individual Habilitation Plan (IHP).
State law requires that parents, DDD staff, service providers (e.g.
day program or group home staff), and, to the extent possible, the
person being served by DDD, should work together to develop an annual
service plan to meet the unique needs of the individual with a
disability. Unfortunately, the development of IHP’s frequently are
little more than a formality, and in potentially thousands of cases,
never occur at all. This should not be the case.
By law, the IHP must be developed annually, regardless of whether the
individual is currently receiving specialized services from DDD. The
purpose of the IHP is to establish goals and objectives that will
enable the person with a disability to maximize his or her
developmental potential in the least restrictive environment. While
the law does not require a majority vote to determine outcomes, DDD’s
regulations require a “consensus” be reached. Federal law, however,
recognizes that families are the “primary decision makers regarding
services” for people with developmental disabilities.
We have seen the IHP used to help support specialized residential
services and to help ensure that a person with a disability remain in
an appropriate setting. Even if specialized services are not
immediately available, the IHP can be used as a long range planning
tool to guide the individual to a specific program. The IHP can also
be used to obtain other types of services such as respite care, family
support cash stipends, summer camp stipends, and financial assistance
with obtaining guardianship through a private attorney.
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Herbert D. Hinkle,
and his colleagues, Ira M. Fingles and S. Paul Prior, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, Pennsylvania. They lecture and write frequently
on topics of law, aging, disability and estate planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: The Law Offices of Herbert
D. Hinkle, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2003
Herbert D. Hinkle. All rights reserved.
