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