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Developmental Disabilities Council urges supported decision‑making, details guardianship wait‑list strategy
Summary
DDC leaders told the appropriations subcommittee that supported decision making — funded in part by recent appropriations — will provide immediate services to applicants on the guardianship wait list; they also sought rate increases, legal counsel funding for the ombuds program and highlighted a mix of specials and base funding to reduce the wait list.
The Developmental Disabilities Council (DDC) told the House Appropriations & Finance subcommittee the agency is working through a long guardianship wait list by deploying supported decision‑making interventions and legal services, while asking for funding to stabilize guardianship providers and the ombuds program.
Carlyn Malone, the LFC analyst, described LFC and executive recommendation differences: LFC’s operating recommendation is roughly $300,000 below the executive at the agency level, with most differences in personnel and contractual services. The LFC proposed language to earmark $7.5 million in contractual services for legal and professional guardianship services within the Office of Guardianship; that language first appeared in the FY26 General Appropriations Act as a restraint to transferring direct services dollars into personnel.
Alice McCoy, DDC’s executive director, emphasized an approach enabled by a 2025 law: supported decision making will be offered to waitlist applicants so they receive immediate assistance while their guardianship petitions proceed. McCoy described waitlist numbers and funding mechanics: a $600,000 special appropriation in the current fiscal year should eliminate roughly 290 cases of about 370 total; the LFC recommendation includes an added $200,000 for FY27 that would address about 90 additional cases and a base increase of $100,000 to process more applications ongoing.
McCoy also sought funding for legal counsel for the office of special education ombuds, citing complexity and liability risks for ombuds staff who need legal support. Committee members pressed on prior guardianship abuses and oversight: McCoy pointed to statutory and administrative reforms (WINGS stakeholder group, mandatory judge training, improved court report review and referrals to the state auditor) but acknowledged past cases will not retroactively benefit from more recent protections.
Members asked whether removing the wait list entirely is statutorily required; analysts clarified that the DD waiver for provider services is administered by a separate agency and that DDC’s guardianship program covers professional guardianship services. DDC reiterated triage rules: emergency and priority referrals (from APS, CYFD, medical facilities) are handled first; the normal wait time was described at about nine to ten months. The agency asked the committee to weigh the LFC language and specials to continue reducing the backlog while funding attorney capacity and legal oversight.
