Cuts blocked for now: Court cases against budget cuts

Following is a checklist of the court cases filed against the Schwarzenegger Administration in 2009 to stop the budget cuts most threatening to the lives of Californians with disabilities. We will update this list as we get new information.

-- Challenging the cuts of the Adult Day Health Care program from 5 to 3 or 4 days a week, leaving no alternatives for many older Californians with serious disabilities; (Brantley v. Maxwell Jolly), case filed by Disability Rights California in August; judge granted motion for injunction on September 10; link here to Brantley v. Maxwell case details.

-- Challenging the state’s use of the Functional Index ratings to determine who should be cut from the In Home Supportive Service program (IHSS); (V.L. et al v. Wagner), case filed by Disability Rights California in October; judge rules October 19, awarding injunction stopping cuts; state has filed appeal; link here to details about the V.L. v. Wagner case.

-- Challenging the administration’s authority to bar all new IHSS providers who have committed any type of felony, exceeding the requirements for other care providers who are barred if they have committed felonies involving abuse or fraud; (Ellis et al v. Wagner), case filed by Peter Sheehan in November; judge granted temporary restraining order on November 24, in effect until January 29 2010 hearing on the merits of the case; link here to San Francisco Chronicle story about Ellis v. Wagner.

-- Challenging governor’s right to eliminate additional $318 million in disability program cuts after legislature’s budget was approved; (St. John’s Well Child & Family Center v. Schwarzenegger et al), case filed by Disability Rights Advocates in August; oral arguments heard December 15 in CA Court of Appeals, San Francisco; link to details of St. John's v. Schwarzenegger at www.dralegal.org.

Opportunities abound for disability community

American Association of People with Disabilities is searching for college students with disabilities to apply for the 2010 AAPD Summer Internships in Washington, D.C., application due January 8, 2010.

The Kennedy Foundation Public Policy Fellowship Program is accepting applications for the Public Policy Fellowship Program 2010-2011, application is due March 5, 2010, by 5:00 p.m. EST.

White House seeks leaders with disabilities for Fellows Program. Candidates need to be promising young leaders who are excelling early in their careers and are committed to leadership and public service. Application deadline: February 1, 2010.

Apply by January 15 for training in Developmental Disabilities Leadership, if you reside in these southern California counties

Applications are now being taken for up to 36 participants in this year's Partners in Policymaking training in leadership skills, and you are invited to apply if you reside in any of the following counties: Riverside, Inyo, Mono, San Bernardino, Imperial, San Diego, Orange County.

Training will take place in Ontario, California over a series of weekends from March through September 2010. Adults with developmental disabilities and parents of children with developmental disabilities are encouraged to apply to Jim Lockwood by phone 916.552.6619 extension 13; or email jim@pipcalifornia.org. Applications can also be made on the website: www.pipcalifornia.org/2010-application

19th Annual Youth Leadership Forum for Students with Disabilities - July 24-29, 2010

The California Governor's Committee on Employment of People with Disabilities designed the Youth Leadership Forum for California high school juniors and seniors. During the forum, you will learn about everything from technology to resource agencies, and create a “Personal Leadership Plan” to help you reach your future education and career goals. Plus, you and your peers will meet and interact with state and national leaders – celebrities, politicians, entertainers and others who have disabilities. Learn more about the event here, and don't forget to send in your application before February 3, 2010 ...

California Congressman introduces federal bill prohibiting harmful restraint and seclusion of all children in schools

U.S. Representative George Miller introduced a bill on December 9 to establish minimum national safety standards for use of restraint and seclusion in schools, similar to those in use in hospitals and other facilities. The bill would allow the use of physical restraint or locked seclusion only by trained staff and only when there is imminent danger of injury. Practices to be prohibited include any procedure that restricts breathing, aversive behavioral interventions that compromise safety, use of medications to control behavior when not administered consistent with a physician's prescription, and mechanical restraints such as strapping children to chairs or duct-taping their bodies. The bill also calls upon states to establish minimum safety standards within 2 years of the bill's passage and to collect and report data on implementation.

Disability Rights California is working with legislators on a state bill. Details on the federal bill and related NPR article.

Kaiser Hospitals adopt new policy on access of service dogs

Disability Rights California attorney Ann Menasche reported on December 7 that settlement had been reached with Kaiser Hospitals to revise their policy statewide about access of service dogs to their premises. The case (Michalek v. Kaiser) resulted in a policy that only permits the exclusion of a service animal if the animal poses a direct threat to health and safety. New rules will require that, with the exception of operating rooms and sterile areas, an assessment will be made of direct threat on a case by case basis. Kaiser will train staff on the new policy and include it in its member brochure and on its website.

Regional Center (Lanterman) budget cuts and trainings

Toll-free call-in numbers for budget cut training

California budget reduces Regional Center services to people with disabilities

Learn about these service reductions on the 28 fact sheets available in the following languages * English * Korean * Cambodian * Chinese * Russian * Spanish * Vietnamese *

Fact sheets about In-Home Supportive Services (IHSS) cuts

Click here for IHSS Budget Cut Training in Powerpoint and in a series of fact sheets in English, Spanish and Chinese ...

Federal judge orders Social Security Administration to repay millions to people wrongly labeled as "fleeing felons" and denied benefits

More than 200,000 people could qualify for repayment of benefits denied to them by SSA because they were wrongly classified as fugitives who had fled from felonies. The case, Martinez v. Astrue, was filed by the National Senior Citizens Law Center and joined by other groups, including Disability Rights California and the Urban Justice Center. Learn more about this amazing case on the Martinez v. Astrue home page ...

Events

Reasonable Accommodation Requests and Fair Housing for Clients with Mental Health Disabilities - Free Regional Training, January 14, 2010, at 1000 Broadway, Suite 109, Oakland, from 9:30 a.m. to 4:00 p.m. Presented by National Housing Law Project, Law Foundation of Silicon Valley, and Bay Area Legal Aid, with a grant from HUD.

Find hundreds of events, trainings and conferences on our Meetings & Trainings pages, in English ... y también varios eventos, reuniones y entrenamientos en español ...

Recommended listening

Outstanding radio program covering the increasing unannounced home visits to people receiving In-Home Supportive Services, www.KPBS.org, 12/11/09

Recommended reading

UN holiday newsletter lists progress reports on human rights and disability

Global pact on Braille books nears, The Financial Times, 12/17/09

Efforts under way to make Web more accessible, Associated Press, 12/15/09

Long-Term Care Stirs Health Care Debate, The New York Times, 12/14/09

Poor Children Likelier to Get Antipsychotics, The New York Times, 12/12/09

Miller bill to limit restraint & seclusion of schoolchildren, Contra Costa Times, 12/9/09

Editorial: No easy answers for caregiver costs, Sacramento Bee, 12/9/09