MEMORANDUM OF UNDERSTANDING


SafePlace and Advocacy, Inc. herein enter into a Memorandum of Understanding (MOU) setting 
forth agreements for making cross referrals and providing private space for meeting with clients 
at each others locations (when space is available). 

SafePlace 

SafePlace is an Austin, Texas-based nonprofit agency with a 30-year history of providing 
comprehensive prevention, intervention, education and advocacy services to women, children 
and men victimized by rape, sexual abuse and domestic violence. SafePlace, through its 
Disability Services ASAP (A Safety Awareness Program), has provided training, presentations, 
technical assistance and/or counseling to over 50,000 disability, victim service or criminal justice 
personnel, family members, and youth and adults with disabilities since 1996. 

Advocacy, Inc. 

Advocacy, Inc. (Advocacy) is an independent, private, nonprofit protection and advocacy (P&A) 
agency established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. 
42 U.S.C. ¤ 15001 et seq. (DD Act). Congress, in enacting this Act, mandated that each state 
receiving funds under the DD Act establish a protection and advocacy (P&A) system to protect 
the rights and interests of persons with developmental disabilities. Advocacy, Inc. has been 
designated by the Governor of Texas as the advocacy system for the State of Texas. Further, 
Congress subsequently expanded the responsibilities of the existing P&As to advocate for all 
persons with mental illness, under the Protection and Advocacy for Individuals with Mental 
Illness (PAIMI) Act, 42 U.S.C. ¤10801 et seq.. Most recently, Congress has authorized P&As to 
advocate on behalf of persons with physical and other disabilities not covered under either the 
DD or PAIMI Acts; this authority is provided under the Protection and Advocacy of Individual 
Rights (PAIR) Program of the Rehabilitation Act, 29 U.S.C. ¤ 794e. 

History of Collaborative Relationships 

SafePlace and Advocacy, Inc. have worked together on several initiatives, including 
collaboration in projects funded by the U.S. Department of Justice, Office on Violence Against 
Women and U.S. Department of Health and Human Services. SafePlace has provided training to 
Advocacy, Inc. staff in the past on violence against people with disabilities and Advocacy, Inc. 
has provided training to SafePlace supervisors on Title II of the Americans with Disabilities Act. 
In the past two years, SafePlace and Advocacy, Inc. have worked together on a project to assess 
the needs of people with disabilities and the Deaf community in Austin pertaining to domestic 
violence, sexual assault and abuse by caregivers. Together, the two organizations are in the 
process of implementing a strategic plan to address the gaps/barriers identified through the needs 
assessment. 

Terms: ÒDisabilityÓ: 

The Developmental Disabilities Protection & Advocacy (DDP&A) Act defines developmental 
disability under federal law as the following: For infants and young children through age nine, 
developmental disability means individuals who substantial delay or specific congenital or 


acquired conditions with a high probability of resulting in developmental disabilities. For an 
individual ten years or older, a developmental disability is a severe, chronic disability that is 
attributable to a mental or physical impairment or combination of mental and physical 
impairments, resulting in substantial functional limitations in areas of major life activities, i.e., 
self-care, receptive and expressive language, learning, mobility, self-direction, capacity for 
independent living, and/or economic self-sufficiency. 
individual ten years or older, a developmental disability is a severe, chronic disability that is 
attributable to a mental or physical impairment or combination of mental and physical 
impairments, resulting in substantial functional limitations in areas of major life activities, i.e., 
self-care, receptive and expressive language, learning, mobility, self-direction, capacity for 
independent living, and/or economic self-sufficiency. 

The Protection and Advocacy for Individuals with Mental Illness Act defines a person with a 
mental illness as any individual who has been determined to have a significant mental illness or 
emotional impairment by a mental health professional; is an inpatient or resident in a facility 
rendering care or treatment; is a person in the process of being admitted to a facility rendering 
care or treatment; or who is involuntarily confined in a municipal detention facility for reason 
other that serving a sentence resulting from a conviction for a criminal offense. 

Under the Americans with Disability Act of 1990, as amended (ADAAD), ÒdisabilityÓ means 
with respect to any individual, a physical or mental impairment, that substantially limits one or 
more major life activities of such individual; a record of such impairment; or, being regarded as 
having an impairment. For purposes of the ADAAD, major life activities include, but are not 
limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, 
walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, 
thinking, communicating, and working. 

Agreements: 

SafePlace and Advocacy, Inc. agree to the following: 

Referrals: 

1. 
A client release of information will be obtained by either organization prior to making 
any referrals. 
2. 
SafePlace may make client referrals to Advocacy, Inc. for family law related issues 
and/or civil rights violations involving a person with a disability. Advocacy, Inc. defines 
disability under the Americans with Disabilities Act and Americans with Disabilities 
Amendments Act of 2008. These referrals will be screened and made by SafePlaceÕs 
Legal Services Manager. These referrals will be made directly to Advocacy, Inc.Õs Staff 
Attorney assigned to family law matters. This Staff Attorney will determine if the 
referrals are appropriate and fit within Advocacy, Inc.Õs priority areas. The priority areas 
are available on the Advocacy, Inc. website and the Staff Attorney will also directly 
provide information to SafePlace staff about the priority areas. Advocacy, Inc. is unable 
to take family law cases in which both the victim and perpetrator are both people with 
disabilities. Advocacy, Inc. retains the discretion to decline representation in any family 
law matter that Advocacy, Inc. determines to be outside the scope of Advocacy, Inc.Õs 
mission, priorities and/or beyond the resources of Advocacy, Inc. 
3. 
Advocacy, Inc. staff may make client referrals to SafePlace for domestic and sexual 
violence services in the following ways: 1) contacting the SafePlace hotline, 2) sending a 
client to SafePlace during our walk-in hours (SafePlace will communicate walk in hours 
and any changes to Advocacy, Inc.) for counseling services, or 3) contacting SafePlaceÕs 
Legal Services Manager. 

Offsite meeting space: 

1. 
Advocacy, Inc. may meet with clients at SafePlace, located in Southeast Austin, when 
space is available. To confirm space availability, Advocacy, Inc. staff will contact 
SafePlaceÕs Disability Services Administrative Assistant and provide the date/time of the 
meeting with a client. The Administrative Assistant will confirm availability and put the 
Advocacy, Inc. staff member and client name on the visitor log. Advocacy, Inc. staff will 
follow SafePlaceÕs confidentiality guidelines (see Attachment A). 
2. 
SafePlace staff may meet with clients at Advocacy, Inc., located in Northwest Austin, 
when space is available. To confirm space availability, SafePlace staff will contact 
Advocacy, Inc.Õs receptionist to reserve a meeting room. 
Training: 

1. 
SafePlace will provide training for Advocacy, Inc. staff and board members on topics 
related to domestic/sexual violence, safety planning, and making referrals for services as 
related to OVW project initiatives and upon request (based on staff availability). 
2. 
Advocacy, Inc. will provide training for SafePlace staff or volunteers on topics related to 
disability rights laws and other topics as related to the OVW project initiatives and upon 
request (based on staff availability). 
In the event of substantive disagreements between partners, the partners shall make every effort 
to reach a mutually agreeable solution, acting in the spirit of collaboration and compromise and 
in the best interests of the larger endeavor. Where agreement cannot be reached, they may seek 
recourse through suitable mediation or can terminate the Agreement as provided below. 

This Agreement shall be effective upon full execution by both parties (Advocacy, Inc. and 
SafePlace) and shall remain in effect beginning September 21, 2009 though September 20, 2011 
unless sooner terminated by either party. Thereafter, the parties to this Agreement shall have the 
option to mutually renew for one (1) additional year with each party giving written notice of its 
intent to renew at least thirty (60) days prior to a renewal date. Either party may terminate this 
Agreement at any time and for any reason by giving the other party written notice at least sixty 

(30) days prior to the effective date of the termination. 
Approval 

We, the undersigned, have read and agree to the responsibilities detailed in the MOU. 

By: _______________________________________ Date: ____________________ 

Mary Faithfull, Executive Director 

Advocacy, Inc. 

By: _______________________________________ Date: ____________________ 

Julia Spann, Executive Director 

SafePlace