Capitol Action Day Resource Fair - May 26, 2010

The 4th annual Resource Fair during Disability Capitol Action Day (DCAD) marks the 20th anniversary of the Americans with Disabilities Act (ADA). For more information, visit the website.

Lanterman Center to close, Department of Developmental Services to work with regional centers in finding community living options for around 400 residents

In line with the Olmstead Supreme Court decision to support community living for people with disabilities, the California Department of Developmental Services has announced it will close the 82 year old Lanterman Developmental Center in Pomona, one of the last remaining large state institutions. In its press release, the DDS noted that its aging facilities and the declining population -- now under 400 from a high of 3000 residents -- meant it was no longer economically feasible to operate.

The declining population reflects the contemporary approach, launched in the late 1960's, to explore community living as the preferred option for placement of children and adults with developmental disabilities who cannot live with their families. A Los Angeles Times story on the Lanterman closure quoted some family opposition but reported that in 2009 two other large institutions, the Agnews Developmental Center and the Sierra Vista center, were closed by DDS with all the necessary support for residents in their transition to community options, such as small group homes or supported living in apartments. Terry Delgadillo, DDS director, stated that there were sufficient funds in the budget to support collaboration with the regional centers and the community in locating similar options for Lanterman residents.

Closing the facility is expected to take approximately 2 years and a closure plan must be submitted to the Legislature by April 1. There will also be a public hearing and community outreach initiatives, organized by DDS in collaboration with other stakeholders. Catherine Blakemore, executive director of Disability Rights California, said, "this is a wonderful opportunity to assist hundreds of Californians with developmental disabilities in finding places where they can explore community living with the necessary supports. We are hopeful that in this time of budget cuts, regional centers and DDS will have adequate resources to ensure that each consumer has access to appropriate community services and supports which meet their individual needs."

Read the DDS press release here and the LATimes story here.

Interim regulations issued on federal Mental Health Parity Law: 90 days to comment

Following analysis of over 400 public comments, the Obama Administration has released interim regulations on how the law will be implemented; there are 90 days to respond before they become permanent. See story by Bazelon Center for Mental Health Law and interim regulations in full.

Association of Public Authorities & IHSS Consumer Alliance sue to stop in-home care cuts

Two consumer-oriented statewide groups filed suit in federal court Monday to block funding cuts in the In-Home Supportive Services program. Read more in the press release and the Complaint.

Preliminary analysis by Disability Rights California of 2010-11 Governor’s Proposed Budget. Read it here...

Related Links:

• The 2010-11 Budget: Overview of the Governor’s Budget, Legislative Analysts Office, 1/12/10
• Governor’s 2010-11 January State Budget, California Mental Health Directors Association of California, 1/11/10
• A First Look at the 2010-11 Health Care Budget Proposal, Health Access, 1/8/10
• Governor Proposes Devastating Cuts to Health and Welfare Programs, Western Center on Law & Poverty, 1/8/10

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 up to 5 to no more than 3 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 preliminary 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.

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 *

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

February 10, 11:00am Pacific: “An Analysis Of Medicare And Medicaid In Long-Term Care And Suggestions Of Reform” Webinar hosted by the Center for Personal Assistance Services

February 11-12: 17th Annual Fair Housing Laws and Litigation Conference in San Diego, CA

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

Recommended Viewing

Recommended reading

3 Nursing Home Patients Killed by 'Chemical Restraints', ABC News, 2/5/10

Eureka workshop to delve into ADA, new state laws, Contra Costa Times, 2/8/10

Hometown Hero: Neil Jacobson, a leader in the independent living movement, Mercury News, 2/8/10

Budget cuts endanger In-Home Supportive Services, Inland Valley Daily Bulletin, 2/6/10

Woman and her dog barred from shelter, Red Bluff Daily News, 2/6/10

The Lancet's Vaccine Retraction, Wall Street Journal, 2/3/10

A Wake of Death and Destruction, California Progress Report, 2/3/10

Community column: State must avoid Groundhog Day syndrome, The Californian, 2/3/10

Newsletter of Technical Assistance Center for Voting & Cognitive Access, 2/2/10

Administration describes closing of residential Lanterman Developmental Center as cost-saving measure, LA Times, 1/30/10

Feisty Redding woman complains to governor about proposed in-home care cuts, Redding.com, 1/29/10

Judge rules blind students can use devices during bar exam, KTVU.com, 1/29/10

Adult Day Health Care Programs Taking Stand Against Proposed Cuts, California Healthline, 1/29/10

Advertising: Using Humor in a Campaign Supporting Disabled People , NY Times, 1/28/10