have someone articulating the needs of the retarded person during the individual habilitation planning process.
On September 22 and 29, 1982, this Court, mindful of the planned phase-out of the Office of the Special Master, held a hearing concerning the Commonwealth defendants' plans to provide advocacy services for those class members requiring an advocate for the IHP planning process. At the conclusion of the hearing, the Court directed the Commonwealth defendants to provide this Court with a definite plan for advocacy (see Order of September 29, 1982). This plan was to be submitted by November 1, 1982. On November 1, the Commonwealth defendants requested an additional 30 days to prepare the plan; the Court granted this request (see Order of November, 1982). On December 2, 1982, the Commonwealth defendants submitted a proposal (see Dkt. No. 1681), which proposal is still in the developmental stage. The Court must therefore, in order to protect the rights of those plaintiff class members who have no parent or guardian to speak on their behalf, enter an Order requiring the Commonwealth defendants to continue the certified advocacy program currently in existence until such time as the Commonwealth defendants complete their formulation of an alternative advocacy system which will adequately protect the right of those class members requiring advocates.
The Special Management Unit of the Pennhurst Implementation Team established by the Department of Public Welfare's Office of Mental Retardation will therefore be required to fund and supervise the certified advocate system currently in place and the Commonwealth defendants shall make such arrangements as are necessary to assure the funding of the program until the Commonwealth defendants establish an advocacy system approved by this Court. An appropriate order will be accordingly entered.
AND NOW, this 23rd day of December, 1982, for the reasons set forth in this Court's Memorandum of December 23, 1982,
IT IS HEREBY ORDERED:
1. The Commonwealth defendants are enjoined and ordered to continue to administer and assure funding for the certified advocate program as currently operated. Specifically, commencing January 1, 1983, Commonwealth defendants through the Special Management Unit of the Department of Public Welfare's Pennhurst Implementation Team are responsible for supervising, training, obtaining, providing and paying advocates to represent those class members who have no parent, guardian, or close relative who will represent them in the individual habilitation planning process.
2. This Order shall remain in full force and effect until the Commonwealth defendants obtain this Court's approval of the alternate advocacy system which is now in the process of being planned by the Commonwealth defendants.
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