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Hot topics archived March 2010
Sacramento, March 17 & 18: important public meetings on IHSS, Olmstead
Among numerous public meetings and hearings on the budget taking place in Sacramento duing the week of the Ides of March are:
- March 17 (10am-12pm): Teleconference on In-Home Supportive Services program, integrity and fraud prevention stakeholder process; toll-free number 1-800-700-7414; organized by the Department of Social Services
- March 18 (starts at 9:30 or when the Senate floor session ends): Room 4203, budget hearing, held by budget subcomittee #3 of Department of Health & Human Services, covering IHSS, CalWORKS, Dept of Aging
- March 18 (10am-4pm): Olmstead Advisory Committee public hearing, Department of Rehab Building, Room 262 or toll-free phone participation 1-800-232-0362, passcode 785453; agenda includes proposed closing of Lanterman Developmental Center, expansion of Medicaid section 1115 waiver
Read many other details in this CDCAN News Release. (archived 3/18/10)
House passes bill to prevent restraint & seclusion in schools; now, focus is on Senate
On March 3, the U.S. House of Representatives passed the Keeping All Students Safe Act (H.R. 4247) to ban dangerous practices of physically restraining students or secluding them in isolated or locked rooms. The bill was passed quickly, following 2009 Congressional hearings on these extreme techniques which have caused deaths in the schools, and national studies by the General Accounting Office and the National Disability Rights Network. Read about the legislation in the NDRN press release, the Washington Post, and the New York Times. (archived 3/16/10)
Court Orders Reinstatement of Treatment for Children With Autism
The Los Angeles Superior Court yesterday issued a preliminary injunction in the class action lawsuit filed on behalf of children with autism against the Eastern Los Angeles Regional Center (ELARC) for unlawfully terminating the most effective treatment for their condition. Read the PR Newswire article here... (archived 3/16/10)
25th "Empowering Women of Color" Conference - March 13-14 at UC Berkeley
Honoring the legacy of women of color, the theme for this year's two-day event is "Intergenerational Wisdom: Celebrating Our Past, Present, & Future," and will include a panel of acclaimed Bay Area activists, scholars, artists and community leaders. To register and for more information, visit ewocc.berkeley.edu. (archived 3/15/10)
Youth Organizing! Disabled & Proud Summit - March 13, 2010 from 1-6pm
The California Foundation for Independent Living Centers (CFILC) & California Health Incentives Improvement Project (CHIIP) is proud to present their southern regional summit for youth with disabilities; a youth led, youth driven summit to engage youth in Southern California in the exciting statewide campaign to establish Disability History Week. For more information visit www.yodisabledproud.org. (archived 3/15/10)
Tell Congress before March 3 to vote for Preventing Restraint & Seclusion Act
Read the advisory from the Autistic Self-Advocacy Network about how to phone or email your Congress representatives about this important legislation that will ban these dangerous practices in schools. (archived 3/3/10)
ADAPT keeps Olmstead principles alive in Obama administration
Two weeks into ADAPT's Defending Our Freedom Campaign, there are already two victories. One, a resolution passed by the Democratic National Committee (DNC), has its roots in ADAPT's four-day and four-night protest vigil last July, held outside the DNC headquarters in Washington, D.C. despite torrential rains and no shelter for activists. The second victory is a meeting with staff from the U.S. Health and Human Services Office of Civil Rights (HHS OCR) scheduled for mid-April just prior to the spring ADAPT action in Washington. Read more here... (archived 3/3/10)
Preliminary analysis by Disability Rights California of 2010-11 Governor’s Proposed Budget (updated 2/26/10). Read it here...
Related Links:
- Budget updates from the California Budget Project, 2/11/10
- 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
(archived 3/3/10)
Hot topics archived February 2010
Because of lawsuit, Social Security Administration begins to provide benefit information in accessible formats
As announced by the Disability Rights Education and Defense Fund (DREDF), Social Security program and benefit information will now be made available on request in formats such as Braille, large print, audiotapes and others as needed. SSA is implementing this new service in phases, and information is available here about how to sign up to get SSA materials in the format that you prefer. (archived 2/23/10)
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. (archived 2/17/10)
LA Times reports on adult day healthcare centers threatened by budget cuts
California state budget cuts could mean the closure of several hundred centers. Seniors would lose care and camaraderie, and relatives could lose respite and possibly a paycheck. Read the article here. (archived 2/17/10)
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. (archived 2/17/10)
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. (archived 2/17/10)
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 ... (archived 2/17/10)
Hot topics archived January 2010
Administration will close Lanterman Developmental Center and assist 400 residents to transition to community
Read Marty Omoto's story here about plan to close 82 year old Pomona-based center and set up associated stakeholder process, in line with Olmstead Supreme Court decision about least restricted environment...
January 27 and February 2: important disability-related budget hearings in Sacramento
Wednesday, January 27, 1:30-3:30, Room 4202, Assembly budget hearing, focus on status of implementing In-Home Supportive Services (IHSS) reforms. Hearing will not take public testimony, but several advocates are slated to speak, including Deborah Doctor of Disability Rights California, after reports by Administration representatives;
Tuesday, February 2, 1:00, Senate budget and fiscal review committee’s information hearing on Governor’s human service budget proposals, including reductions to IHSS, SSI/SSP, cash assistance for immigrants and Calworks; and
Tuesday, February 2, 2:00, Room 126, Assembly disabilities select committee hearing, focus on “State of Developmental Disabilities in California,” to include over $500 million in reductions in developmental services budget.
For further details, link here to Marty Omoto's CDCAN newsletter about upcoming Sacramento hearings related to the budget
Honoring Judi Chamberlin
The internet is full this week of tributes to a founder of the mental health consumer/survivor movement, Judi Chamberlin, who died January 16. One of the first to popularize the mad pride approach, Chamberlin was remembered by her colleagues on an NPR program by Joe Shapiro broadcast on January 19: www.npr.org
Her seminal work, On Our Own, published in 1978, outlined alternatives to the mental health system, based on her own experiences with psychiatric hospitals and services. Lori Shepherd, an advocate for Disability Rights California, commented that "Judi Chamberlin has been a bright beacon light, leading our movement from the early 70's until her death...and was an incredible activist until the very end. She and others like her worked so hard, and without pay,1985-1986 to get the PAIMI Act passed, to protect the rights of people in psychiatric institutions....We have much to thank her for."
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 ... (archived 1/16/10)
January 15: Last chance to enter SUPERFEST, the 2010 International Disability Film Festival
Spread the word - your opportunity to contribute to disability culture!
SUPERFEST, the world's longest-running juried international disability film festival, is seeking your entry for submission to our 2010 film competition. SUPERFEST is the primary international showcase for innovative films that portray disability culture and experience in all its diverse, complex, and empowering facets. Click here for eligibility and more information. (archived 1/16/10)
Advocates say governor's budget dismantles IHSS and legislators should defend it
PR Newswire reports on the advocates who urged the "State Legislature to fight Gov. Schwarzenegger's mean-spirited and hypocritical proposal to destroy the In Home Supportive Services (IHSS) program." Read about it here... (archived 1/16/10)
NYTimes blog on "Should a quadriplegic mom have custody" notes classic case defining essence of parenting
A January New York Times blog about a court case questioning the quality of parenting from a wheelchair references a 1979 California Supreme Court case the Disability Rights California attorney Marilyn Holle worked on. It's disturbing that in the 21st century parental rights can still be challenged on the basis of disability, but heartening to read here the eloquent commentary about the essence of parenting. (archived 1/16/10)
Fines Rare For Companies Who Exploit Workers With Disabilities
"Nearly 800 employers violated federal law while paying workers with disabilities less than the minimum wage over five years, but just three faced fines, a senator has learned." Read more here... (archived 1/16/10)
Opportunities abound for disability community
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 (archived 1/9/10)
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 ... (archived 1/9/10)
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. (archived 1/9/10)
Kaiser Hospitals adopt new policy on access of service dogs
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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. (archived 1/9/10)
Budget crisis: coalition asks Democrats to implement promise to support IHSS
Disability Rights California joined in this plea to Democrats, published in January 5 Sacramento Bee (Capitol Alert) (archived 1/8/10)
Recommended Reading
Recommended Reading archived March 2010
UN sets up human rights group to look into situation of Haiti’s disabled, UN News Center, 3/5/10 (archived 3/18/10)
Beyond Women’s Day, Kathmandu Post, 3/7/10 (archived 3/18/10)
Summary of 3 recent legal setbacks for Schwarzenegger administration, benefiting disability population, CDCAN, 3/3/10 (archived 3/18/10)
Federal appeals court rules against governor on cuts, Sacramento Bee, 3/3/10 (archived 3/18/10)
Sutter program targets frequent emergency room visitors, Sacramento Bee, 3/5/10 (archived 3/18/10)
Top 10 Veterans News from Around the Country, Veterans Today, 3/3/10 (archived 3/11/10)
Why I Am Canceling My 2010 CSUN Presentation, Beyond Chron, 3/2/10 (archived 3/11/10)
It's not too late to save 'normal', LA Times, 3/1/10 (archived 3/11/10)
VA to review files of ill Gulf War vets denied benefits nearly 2 decades after war ended, LA Times, 2/26/10 (archived 3/11/10)
Federal judge blocks cuts to California's adult day care program, Sacramento Bee, 2/26/10 (archived 3/11/10)
U.S. judge blocks Adult Day Health Care cuts, SFGate.com, 2/25/10 (archived 3/11/10)
Assembly considers Remembrance Day for institutionalized residents buried in unmarked graves, Record Bee, 2/24/10 (archived 3/11/10)
IHSS: Why cut a humane, cost-effective state program? Modesto Bee Op-Ed, 2/24/10 (archived 3/3/10)
State by state scan of restraint and seclusion policies, Disability.gov, 2/24/10 (archived 3/3/10)
Our View: Closure of Lanterman the right decision, Inclusion Daily, 2/19/10 (archived 3/3/10)
Proposed cuts put adult day health centers at risk, Fresno Bee, 2/22/10 (archived 3/3/10)
Life Among the 'Yakkity Yaks', The renowned inventor on how the insights she gained from her own autism fueled her career, Wall Street Journal, 2/21/10 (archived 3/3/10)
"That Down Syndrome Girl" fires back, Salon.com, 2/19/10 (archived 3/3/10)
Recommended Reading archived February 2010
Disability Concerns Factor In Obama Health Care Proposal, Disability Scoop, 2/23/10 (archived 2/26/10)
New Health Affairs Study Shows Increase in Medicare Spending Linked to Rising Rates of Chronic Disease, PR Newswire, 2/23/10 (archived 2/26/10)
Therapy and Service Animals - do you know the difference? Seattle Pets, 2/22/10 (archived 2/26/10)
Handicapped Parking Violation Confuses Driver: Sidewalk Not Clearly Marked, Woman Says, KCRA.org, 2/18/10 (archived 2/26/10)
Proposed Asperger’s definition could impact special ed budgets, www.sia-us.com, 2/18/10 (archived 2/23/10)
How to talk about disabilities, Letter to the editor, Washington Post, 2/18/10 (archived 2/23/10)
Even severely disabled seniors would lose home care under proposed state cuts, study finds, UCLA Newsroom, 2/17/10 (archived 2/23/10)
Outlook: The case against banning the word 'retard', Washington Post, 2/16/10 (archived 2/23/10)
Amputations push Haitians closer to the edge, LA Times, 2/17/10 (archived 2/23/10)
Calif. Counties Challenge State Controller On IHSS Overpayments, KPBS.org, 2/10/10 (archived 2/23/10)
The governor’s poor priorities, Cutting programs now will cost more later, newsreview.com, 2/11/10 (archived 2/23/10)
Budget pain: Cutting vital programs misses the human element, Capitol Weekly, 2/11/10 (archived 2/23/10)
Musician who inspired 'The Soloist' film finally records CD, Contra Costa Times, 2/10/10 (archived 2/23/10)
Disorder Out of Chaos, New York Times, 2/9/10 (archived 2/23/10)
Changes proposed in how psychiatrists diagnose, Associated Press, 2/9/10 (archived 2/17/10)
Don't overlook people with disabilities in Haiti, Huffington Post, 2/9/10 (archived 2/17/10)
3 Nursing home patients killed by 'chemical restraints', ABC News, 2/5/10 (archived 2/17/10)
Eureka workshop to delve into ADA, new state laws, Contra Costa Times, 2/8/10 (archived 2/17/10)
Hometown Hero: Neil Jacobson, a leader in the independent living movement, Mercury News, 2/8/10 (archived 2/17/10)
Budget cuts endanger In-Home Supportive Services, Inland Valley Daily Bulletin, 2/6/10 (archived 2/17/10)
Woman and her dog barred from shelter, Red Bluff Daily News, 2/6/10 (archived 2/17/10)
The Lancet's Vaccine Retraction, Wall Street Journal, 2/3/10 (archived 2/17/10)
A Wake of Death and Destruction, California Progress Report, 2/3/10 (archived 2/17/10)
Community column: State must avoid Groundhog Day syndrome, The Californian, 2/3/10 (archived 2/9/10)
Newsletter of Technical Assistance Center for Voting & Cognitive Access, 2/2/10 (archived 2/9/10)
Administration describes closing of residential Lanterman Developmental Center as cost-saving measure, LA Times, 1/30/10 (archived 2/9/10)
Feisty Redding woman complains to governor about proposed in-home care cuts, Redding.com, 1/29/10 (archived 2/9/10)
Judge rules blind students can use devices during bar exam, KTVU.com, 1/29/10 (archived 2/9/10)
Adult Day Health Care Programs Taking Stand Against Proposed Cuts, California Healthline, 1/29/10 (archived 2/9/10)
Advertising: Using Humor in a Campaign Supporting Disabled People , NY Times, 1/28/10 (archived 2/9/10)
The Quarterly Newsletter of Disability.gov for January 2010 is now available (archived 2/3/10)
LA Times op-ed questions regulation of internet software accessibility, Los Angeles Times, 1/25/10 (archived 2/3/10)
Response to Disability Issues in the Haiti Response and Recovery Efforts, USAID, posted 1/25/10 (archived 2/3/10)
Cal Poly promoting disability awareness, The Daily Bulletin, 1/11/10 (archived 2/3/10)
How to save costs with IHSS - Sacramento Opinion, Sacramento Bee, 1/23/10 (archived 2/3/10)
Tiny percentage of fraud cases detected in Sacramento County, Sacramento Bee, 1/23/10 (archived 2/3/10)
CityWise: Oakland settles lawsuit with disability rights group, Oakland Tribune, 1/22/10 (archived 2/3/10)
IHSS providers say DSS not so supportive, Capitol Weekly, 1/21/10 (archived 2/3/10)
In-Home care analysis weighs costs vs. compassion, KQED Blog, 1/21/10 (archived 2/3/10)
Disabled prosthetics specialist and family leave Haitian capital for provinces: typical exodus story for now, LA Times, 1/20/10 (archived 2/3/10)
Disabled worshippers struggle as many churches lack access, USA Today, 1/16/10 (archived 2/3/10)
Recommended Reading archived January 2010
Across the United States and around the globe, young people on college campuses, in high school cafeterias and workaday offices have joined a movement of mutual respect and human dignity called Spread the Word to End the Word. Special Olympics, 1/16/10 (archived 1/25/10)
Spanos settles housing lawsuit, San Diego Union Tribune, 1/14/10 (archived 1/25/10)
California's proposed in-home care cutoff leaves few options, Sacramento Bee, 1/14/10 (archived 1/25/10)
Washington fires back at Schwarzenegger, Los Angeles Times, 1/12/10 (archived 1/25/10)
Message to Schwarzenegger from Prop 63 author: taking community mental health funds makes no fiscal sense, 1/11/10 (archived 1/25/10)
Advocate for community living dies; fiery, poetic testimony to legislature recalled.
The death of former state hospital resident Ruth Shelton, artist and advocate, this weekend is especially poignant as the governor declares open season on the programs that gave her the independence to develop her talents and leadership. Here is Shelton's 2002 verbatim testimony about the value of choice and a link to advocate Marty Omoto's homage to her life. 1/9/10 (archived 1/25/10)
Shelton's autobiographical essay, "Where there's a will there's a way!" (published in our Summer 1999 Newsletter) 1/12/10 (archived 1/25/10)
Office of Personnel Management (OPM) official Griffin emphasizes workplace diversity, Washington Post, 1/12/10 (archived 1/16/10)
Modesto officials remain worried about budget, Modesto Bee, 1/9/10 (archived 1/16/10)
The predictable budget and what Democrats will do this year, Capitol Weekly, 1/7/10 (archived 1/16/10)
WWII Pacifists Exposed Mental Ward Horrors, NPR, 12/30/09 (archived 1/16/10)
Teen, city of Sacramento settle over disability access at theater, Sacramento Bee, 12/29/09 (archived 1/16/10)
UN holiday newsletter lists progress reports on human rights and disability (archived 1/9/10)
Global pact on Braille books nears, The Financial Times, 12/17/09 (archived 1/9/10)
Efforts under way to make Web more accessible, Associated Press, 12/15/09 (archived 1/9/10)
Long-Term Care Stirs Health Care Debate, The New York Times, 12/14/09 (archived 1/9/10)
Poor Children Likelier to Get Antipsychotics, The New York Times, 12/12/09 (archived 1/9/10)
Miller bill to limit restraint & seclusion of schoolchildren, Contra Costa Times, 12/9/09 (archived 1/9/10)
Editorial: No easy answers for caregiver costs, Sacramento Bee, 12/9/09 (archived 1/9/10)
Recommeded Viewing
Recommended Viewing archived March 2010
2 disability-related films up for Oscars
Read the ABC7 article here.(archived 3/16/10)
Recommended Viewing archived February 2010
| A TV commercial by Think Beyond the Label. Labels get in the way, but disabilities rarely do. Visit ThinkBeyondtheLabel.com for more information. (archived 2/26/10) |
Recommeded Listening
Recommended Listening archived February 2010
Listen to Melinda Bird of Disability Rights California on NPR, discussing access to special education
The American Psychiatric Association announced Wednesday that it is proposing to eliminate the diagnosis of Asperger's syndrome from the official diagnostic guide of mental disorders. Download the MP3 or view the transcript. (archived 2/26/10)
Advocates criticize governor's budget, especially disability service cuts, Capital Public Radio, 1/13/10
Recommended Listening archived January 2010
Outstanding radio program covering the increasing unannounced home visits to people receiving In-Home Supportive Services, www.KPBS.org, 12/11/09 (archived 1/9/10)
Recommeded Events
Recommended Events archived March 2010
Capitol Action Day Resource Fair - May 26, 2010
For more information, visit the website. Reserve your booth at the information fair now. (archived 3/18/10)
Recommended Events archived February 2010
February 11-12: 17th Annual Fair Housing Laws and Litigation Conference in San Diego, CA
February 3: deadline for applying for scholarship to 2010 California Leadership Forum for Students with Disabilities
Recommended Events archived January 2010
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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. (archived 1/16/10)

