Disability News Service, Resources, Diversity, Americans with Disabilities Act; Local and National.

Wednesday, August 10, 2016

State of Illinois Details on Suspension of HSP Overtime Policy - Q & A

We received the following updated information on the State of Illinois 'Overtime Rule' for the 
 Home Services Program (HSP). With the state recent suspending the controversial policy. Access Living (CIL) of Metropolitan Chicago shared the following updated information (Aug. 10).

Access Living Update:
We would like to share with you an important update on the Illinois Department of Human Services (DHS) Division of Rehabilitation Services (DRS) Home Services Program (HSP). Last week, we relayed that the State had moved to rescind, or suspend, the overtime policy for HSP. The State had not followed formal rule-making procedures for this policy, and instead is working to move the policy through that process. While the rule-making process is going on, the policy is suspended.  The rule-making process will include opportunities for public input, so we will keep you posted on that. We hope the suspension of the policy for now provides concerned HSP customers and workers some relief for the time being.

While the policy is suspended, what does that mean for HSP customers and workers? Access Living received the following set of answers to a number of questions we asked, from HSP Bureau Chief Vivian Anderson. The same questions had also been posed to DHS-DRS by Illinois Representative Joe Sosnowski, so we thank Representative Sosnowski and his constituents at RAMP CIL for helping to find answers.  Our questions (with some insertions in brackets for clarity) and her responses are as follows:

1) Is the rescission [suspension] effective immediately?
Yes

2) Will IPs be able to work overtime without threats of discipline, and be paid time and a half? [Individual Providers=IPs] IP’s who work overtime will be paid for the overtime worked and documented.

3) Will IPs and customers still have to fill out [overtime] OT justification forms? No

4) Is DRS still going to send occurrences for pay period 7/16-31, and if yes, will occurrences during that period count toward the limit of 3?
DRS has not sent occurrence notices since the first pay period in May. The Department sent warning letters in June to allow customers additional time to hire additional providers in order to comply with the policy.

5) Do customers still have to seek out enough IPs to fill the “quota” per the rescinded policy? 
We believe the availability of additional Individual Providers is a good public policy that ensures backup providers are available in the event something occurs and the primary provider cannot perform their job.

6) Have any IPs actually been terminated due to occurrences under the overtime policy? 
No IPs were unfunded due to the Overtime Policy.

7) Will any IPs that have been terminated be allowed to come back and work as an IP? 
NA [not applicable]

8) Will any violation of rescinded policy be removed from the IP’s history? (i.e. start with clean history once final rule is approved) 
The first occurrences sent to providers for the first pay period in May will be rescinded. Once the rules are in place, providers will start with no overtime occurrences.

9) Will each case of overtime still be vetted through Vivian Anderson [DRS]? 
Any providers who work over 40 hours in a work week will be paid time and one half for those hours. During the suspension of the policy there will be no "vetting" of overtime hours.

10) How and when will DRS communicate this change to IPs and customers? 
DRS/HSP will send notification via mail to all customers and IPs that the policy is suspended until the Administrative Rules are approved.

11) How and when is DRS communicating this change to DRS staff? 
A call was held on 8/3/16 with all pertinent staff.

12) When does the State intend to publish the proposed rules in the Register? 
The rules were provided to the Secretary of State’s Office on August 8, 2016 for publishing in the Register.

13) Is it possible to discuss the rule prior to finalizing the version that will be published for comment?
As the rules have already been filed, any comments should be submitted during the First Notice period.

Please be sure to share the above information with HSP customers and workers who need to know. Access Living and our allies will be watching for the State’s publishing of the draft rule. At that time, the public will have 45 days to send in written comments.  Access Living maintains that the original policy creates significant problems for thousands of people with disabilities and workers, and that the final policy must be far more flexible than the original.
We will keep you posted on opportunities for advocacy on this process.

SSA Ticket to Work Participants Can Sign Up for The National Ticket to Work Virtual Job Fair on August 24th

The Social Security Administration (SSA) will host its next "National Ticket to Work Virtual Job Fair" on August 24, 2016 from 11 a.m. to 5 p.m. Eastern Time. These job fairs give SSA Ticket to Work program participants an opportunity to “meet” employers, including federal contractors looking to hire people with disabilities, through online chat forums and one-on-one messages. You’ll also be able to visit virtual resource booths to ask questions about Social Security work incentives, as well as accommodations that can help you succeed on the job.
Please visit this link for more information about the National Ticket to Work Virtual Job Fair: https://choosework.net/find-a-job/virtual-job-fairs/index.html.

Tuesday, August 9, 2016

Texas uses unconstitutional standards to assess mental disability in capital cases, ABA claims

The American Bar Association (ABA) is urging the U.S. Supreme Court to strike down Texas’ standards for determining whether an inmate has a mental disability that makes him ineligible for the death penalty.

article by DEBRA CASSENS WEISS  for the American Bar Association Journal | Aug. 8, 2016
The ABA filed an amicus brief (PDF) on Aug. 4 that asserts that the Texas standards violate the Eighth Amendment, as interpreted by Supreme Court precedent, according to a press release.
An ABA assessment of death penalty procedures in 12 states that have carried out a majority of the nation’s executions found that Texas does not determine intellectual disability according to clinical standards. Texas “is an outlier among the states” in adopting a system that “deliberately excludes most people with intellectual disabilities,” according to the ABA brief.
The Texas standards include whether those who knew the defendant as a child believed him to be mentally retarded, whether the defendant can respond coherently to a question, whether he can effectively lie, and whether his crime required planning. “These factors are scientifically bankrupt,” the ABA brief says. The Texas standards “rely on and reflect lay stereotypes of intellectual disability that are not used in clinical assessments and that often bear no relation to the actual abilities and behavior of individuals with intellectual disability.”
The ABA filed the brief in the case of Bobby James Moore, who was first sentenced to death in 1980 for the murder of a Houston grocery store employee during an armed robbery. The case is Moore v. Texas.
http://www.abajournal.com/news/article/aba_brief_says_texas_uses_unconstitutional_standards_to_assess_mental_disab

Head Start Early Education Programs Especially Good For Children With Disabilities, 2016 report



Children with disabilities in Head Start programs had higher scores in literacy, math and reading than those not in the programs.

article by By Stephen Feller for UPI | Aug. 5, 2016 Head Start early education programs were found in a recent study to have an especially good effect for children with disabilities, researchers in Michigan report.

Disabled children enrolled in federal Head Start early school programs fare better on tests of literacy, math and reading than those not in the programs, and are more likely to have their disabilities verified by a doctor, according to a study by Michigan State University.

The Head Start programs, funded by the U.S. federal government and administered by individual states, are designed to improve children's readiness for kindergarten based on family income. The programs also help connect parents to poverty- and healthcare-related social services, which have also been shown to benefit children.

"These findings align with Head Start's commitment to addressing the complete needs of the child and connecting families to community supports," Kristin Rispoli, an assistant professor at Michigan State University who led the study, said in a press release.

For the study, published in the Journal of Social Service Research, researchers analyzed data on 570 children with disabilities collected as part of the Head Start Impact Study, comparing the language, literacy and math skills of children ages 5 and 6 with multiple disabilities in Head Start to those who did not participate in the program.

Children in a Head Start program had higher scores on assessments of all three educational categories, and were more likely to have an individualized education plan, or IEP. The researchers note, however, that children with IEPs were likely to have lower scores in all three areas than children without IEPs.

Children in Head Start also were found to have their disabilities diagnosed or verified by doctors, and not just by the school district, suggesting other benefits of the programs for care of children with disabilities.

"Our findings suggest that children who have multiple disabilities are doing better by kindergarten age in terms of their language and early academic skills compared to children with multiple disabilities who are not attending Head Start," Rispoli said.
http://www.upi.com/Health_News/2016/08/05/Children-with-disabilities-benefit-from-Head-Start-study-says/8791470394171/

Section 508 Best Practices Webinar (August 23) : Introduction to Policy-Driven Adoption for Accessibility

The next United States Access Board webinar in the Section 508 Best Practices Webinar Series will take place August 23, 2016 from 1:00 to 2:30 (ET) and will cover Policy-Driven Adoption for Accessibility, a new approach some states have implemented to evaluate product accessibility when procuring information technology. Officials from three states who developed this policy tool will conduct the session and explain how it can be used to assess bids from vendors and be integrated into a state's procurement process.

For more details or to register for this free webinar, visit www.accessibilityonline.org. Registration closes 24 hours before the start of the session.

The Section 508 Best Practices Webinar Series provides helpful information and best practices for federal agencies in meeting their obligations under Section 508 of the Rehabilitation Act which ensures access to electronic and information technology in the federal sector. This webinar series is made available by the Accessibility Community of Practice of the CIO Council in partnership with the U.S. Access Board.
Section 508 Best Practices: Introduction to Policy-Driven Adoption for Accessibility August 23, 2016, 1:00- 2:30 (ET)    
Presenters:
• Jeff Kline, Program Director, Statewide EIR Accessibility, Texas Department of Information Resources
• Jay Wyant, Chief Information Accessibility Officer, Minnesota State CIO Office
• Sarah Bourne, Director of IT Accessibility at the Massachusetts State CIO Office
• Timothy P. Creagan, Senior Accessibility Specialist, U.S. Access Board (moderator) 
Registration: www.accessibilityonline.org 
Note: Registration closes 24 hours before the start of the session. Instructions for accessing the webinar on the day of the session will be sent via email to registered individuals in advance of the session. Communication Access Realtime Translation (CART) and Video Sign Language Interpreters are available for each session and will be broadcast via the webinar platform. A telephone option (not toll-free) for receiving audio is also available.

Monday, August 8, 2016

Please Support For The "National Pain Strategy (NPS)", Online Petition open til Aug 12th

As one of many Americans who suffer from pain on daily basis, please consider supporting and signing the online petition in support of, and funding of for a National Pain Strategy! 
Jim at Ability Chicago Info
# # # 
from a Press Release from the National Pain Report | Aug. 8, 2016
100 Million Americans Need 3 Seconds of Your Time

At the National Pain Report, we often leave the opinion making to folks who are advocates for any number of issues. And, it’s our position to allow those varying points of view on our site – it’s part of our mission.

We will exercise our privilege in expressing our own opinion by saying, you should sign this petition to fund the National Pain Strategy (NPS). The deadline is Friday August 12!


It’s simple. Click on the button, enter your name and email address, and then verify your email. It takes seconds.

We need 90,000 people to sign the petition this week, so please forward this email to your family and friends and ask then to act.

Here’s a Little Backdrop:

While the debate about chronic pain treatment has been dominated this year by the CDC and its Opioid Prescribing Guideline, it is in truth a small part of the chronic pain treatment story. The much – or at least more important – issue should be how the government can implement the country’s first strategic plan to achieve a system of safe, effective and high-quality pain care informed by science.

Read the National Pain Strategy 

We have been frustrated by the inaction by the National Institutes of Health on the NPS since it was introduced with very little fanfare by the National Institutes of Health. If research, healthcare provider training, insurance coverage issues and public awareness of pain are going to be addressed, the NPS is, quite simply, the best vehicle for a comprehensive approach.

The petition, which is supported by most pain advocacy organizations, directs the Obama Administration to direct the Health and Human Services agency to swiftly fund and implement the NPS.

Developed by a diverse team of experts from around the nation, the National Pain Strategy is a roadmap toward achieving a system of care in which all people receive appropriate, high quality and evidence-based care for pain.

We would argue that the government should use the NPS to stimulate a real debate about chronic pain and find solutions to the education, research and treatment issues that plague millions of Americans.

Sign the petition


Copyright © 2016 www.NationalPainReport.com All rights reserved.

ADAPT Online Museum/Archive, History of Disability Rights Movement

The ADAPT Online Museum/Archive is a great resource for the history of a big part of the disability rights movement . The Museum offers images are described (if photo), and transcribed (if news clipping).

Please visit the online museum and archive of ADAPT Media Gallery  at www.adaptmuseum.net.

The ADAPT Museum has a lot of great clips now online that document the history of ADAPT’s evolution since the 1970s. ADAPT evolved out of the youth empowerment work done in a Denver nursing home by the Reverend Wade Blank (photo) in the early 1970s. When the nursing home, called Heritage House, fired Blank for empowering the youth too much, Blank promised the young people living there that he would help get them out into the community. This he did, moving 18 young people out of Heritage House and into what became the Atlantis Community, where they lived with support from personal attendants.

This group of young people evolved, with Blank’s support, into what became known as ADAPT in the early 1980s, leading the way for accessible public transportation and liberation from institutions through direct action, protest, and civil disobedience. The ADAPT Museum chronicles a big part of the disability rights movement history.

The ADAPT Online Museum/Archive is due to the great work of Babs Johnson, with Scott Hinton and Tom Olin.

Friday, August 5, 2016

Federal Report Finds Nearly 1 in 4 Seniors Has Some Form of Disability

But federal report finds most caregivers view their role as not a 'substantial problem'
WebMD News from HealthDay
By Robert Preidt
HealthDay Reporter
WEDNESDAY, Aug. 3, 2016 (HealthDay News) -- A new U.S. government report on aging finds that close to a quarter of Americans over 65 have some form of disability.
"Many Americans enjoy longer lives, though with some functional limitations," according to a news release from the Federal Interagency Forum on Aging-Related Statistics, which authored the report.
The Forum found that in 2014, "22 percent of the population age 65 and over say they have at least one limitation in vision, hearing, mobility, communication, cognition, or self-care."
That finding means millions of Americans -- often spouses or children -- are becoming caregivers for disabled, aging loved ones. The report found that, in most cases, the burden isn't excessive.
Overall, "about 86 percent reported that informal caregiving gives them satisfaction that the care recipient is well cared for," the Forum said.
Caregivers often reported a downside to looking after the loved one, in terms of workload or having less time for themselves. Still, "less than one in five caregivers reported that these negative impacts were a substantial problem," the report's authors said.
In 2014, about 1.2 million Americans 65 and older were living in nursing homes and nearly 780,000 lived in residential care communities, such as assisted living facilities. People older than 85 were the majority in both groups, according to the report.
When it comes to daily diet, the investigators found that Americans aged 75 or over tend to meet dietary recommendations for whole fruits, and those aged 65 and older meet daily protein intake requirements.
Many seniors may be breathing cleaner air, too: The report said that "the percentage of people age 65 and over living in counties that experienced poor air quality for any standard, decreased from 66 percent in 2000 to 16 percent in 2014."
The report included 41 indicators of well-being in six broad categories: population; economics; health status; health risks and behavior; health care; and environment.
Despite improvements in income levels for seniors, many still struggle to pay bills, the study found. Overall, the number of older Americans living below the poverty line fell from 15 percent in 1974 to 10 percent in 2014, according to the report.
Between 1983 and 2013, the median net worth, in 2013 dollars, of households headed by people 65 and older rose from $116,500 to $210,500.
There were 46 million people aged 65 and older in 2014, representing 15 percent of the total population. By 2030, that is expected to grow to 74 million, accounting for nearly 21 percent of the total population.

North American Challenge Cup, disabled sailing circuit in Chicago August 5-7, 2016

photo: Scuttlebutt Sailing News
Chicago, IL (August 4, 2016) – Chicago Yacht Club will host the 24th Annual North American Challenge Cup, August 5-7 at Belmont Station. The NACC was created in 1992 by Chicago Yacht club and is one of the longest running events in the North American disabled sailing circuit.
The NACC features two classes – the Freedom 20 and Sonar. The Freedom 20, a disabled class boat sailed by two crew and one able body to assist, is the class that has raced in the NACC since the first event at Chicago Yacht Club. The Sonar class, a three-person Paralympics class boat, has been raced in the NACC since 2007.
Eight teams will compete in this year’s regatta. The teams will travel from all over the United States including teams from Washington and Texas as well as a team from the US Virgin Islands.
Bob Jones of Issaquah, WA has been racing in the NACC since 1994. “I’ve been coming for so long, [the regatta] is simply a tradition. It’s always great to come back and see familiar faces and reunite. The race committee is wonderful and the racing is always competitive,” said Jones. He has won his class five years and the last three years consecutively with Ken Kelly.
Unfortunately, due to health complications Kelly will not be joining Jones this year. “I’m sorry that Ken won’t be coming; we sorta had a nice streak going.” Julia Dorsett will be joining Jones for the NACC this year. Dorsett is a former member of the US Sailing Team and competed in the SKUD 18 Class.
At just 19 years old, Barbara Galinska is the youngest of the competitors. Galinska is from Elmwood Park, IL, and has been racing with the Judd Goldman Adaptive Sailing Foundation for the past three years. The 19 year-old is not intimidated by the competition, though. ”Sailing with people that are better than you means you will get better if you pay attention. I get to absorb the knowledge of some incredibly intelligent, tactical sailors and that’s the opportunity of lifetime,” said Galinska.
Racing begins Friday, August 5 and continues through Sunday, August 7, 2016.
Source: Morgan Kinney, Chicago Yacht Club

Employment Gains Continue in July 2016 for Americans with Disabilities

Kessler Foundation and University of New Hampshire release nTIDE Report for July – Monthly Update
DURHAM, NH – August 5, 2016. For the fourth straight month, major economic indicators increased for people with disabilities, according to today's National Trends in Disability Employment – Monthly Update (nTIDE), issued by Kessler Foundation and University of New Hampshire’s Institute on Disability (UNH-IOD).  The Workforce Innovation & Opportunity Act of 2014 (WIOA) focuses on strategies that facilitate the transition of jobseekers with disabilities to the workplace. To improve available services and facilitate the process of transition, WIOA promotes the coordination of state vocational rehabilitation programs with employment and training services. By aligning workforce development programs with employers’ needs, jobseekers will be better equipped to move into available positions. 
In the Bureau of Labor Statistics’ Jobs Report released Friday, August 5, the employment-to-population ratio for working-age people with disabilities increased from 27.2 percent in July 2015 to 28.1 percent in July 2016 (up 3.3 percent; 0.9 percentage points). For working-age people without disabilities, the employment-to-population ratio also increased from 72.6 percent in July 2015 to 73.3 percent in July 2016 (up 1.0 percent; 0.7 percentage points). The employment-to-population ratio, a key indicator, reflects the percentage of people who are working relative to the total population (the number of people working divided by the number of people in the total population multiplied by 100). 
“For the fourth consecutive month we are seeing an improvement in the employment-to-population ratio for people with disabilities,” noted John O’Neill, Ph.D., director of employment and disability research at Kessler Foundation.  “Once again, these gains are outpacing those made by people without disabilities. This pattern is similar to what we saw in the first half of last year. Let’s hope that we continue on this course and avoid the downturn that occurred in the second half of 2015.”

2016 Advocacy Guide from National Low Income Housing Coalition

Great Resource from the National Low Income Housing Coalition!

NLIHC’s Advocacy Guide for the
Election Season

NLIHC Summer Issues Guide
Over the next few months, affordable housing and community development organizations have an opportunity to influence a number of critical issues before Congress and to help break through the noise of the Presidential campaigns to make affordable housing an election issue.
This summer and fall, Congress will be in their home districts and states between August 1 and September 6 and again between October 10 and November 11.
To help advocates make full use of this time, NLIHC has created a Summer/Fall 2016 Advocacy Guide, outlining the five key ways organizations can take action between now and the November elections to advocate for the issues that are most important to their mission, the people they serve, and their community.
The Advocacy Guide covers ways organizations can help:
  • Increase federal spending on key federal housing programs;
  • Expand and improve the Low Income Housing Tax Credit;
  • Ensure that housing needs are addressed in criminal justice reform;
  • Support the Make Room campaign—an initiative to demand that Congress make affordable housing a top priority; and
  • Use NLIHC Voterization resources to engage voters and candidates.
For more information and best practices on how nonprofit organizations and individuals can lobby their elected officials, see Lobbying: Individual and 501(c)(3) Organizations in NLIHC’s 2016 Advocates’ Guide. 
Together, these resources can help advocates make their voices heard and build strong relationships with their Members of Congress.
Become an NLIHC Member!
NLIHC is a membership organization open to individuals, organizations, corporations and government agencies.

“Me Before You” Protesters Call For Public Service Announcement to Prevent Copycat Suicides


Editor’s note. The following was distributed by the disability rights organization “Not Dead Yet.” 
Disability rights advocates who protested the film “Me Before You” in cities across the United States are calling on Warner Brothers to add a public service announcement to further releases of the film to help prevent copycat suicides.
In a letter sent Monday to Kevin Tsujihara, CEO of Warner Brothers, 19 national and 25 state, local and regional disability organizations stated:
“The public’s primary frame of reference can be shaped by what people see in movies and television. Storylines like this perpetuate stigma and discrimination based on disability. We are especially concerned that audiences will believe the desire to kill oneself is normal for those who need a high level of care. This inaccurate belief has been perpetuated by Warner Brothers track record of distributing other films, such as ‘Million Dollar Baby’ and ‘The Sea Inside,’ both of which emphasized the same dangerous message.
“. . . Therefore, to reduce the risk of a “copycat” suicide effect, as well as negative impacts on individuals and families in the midst of critical health care decisions, the responsible thing to do is add a public service announcement to online and home entertainment releases at the beginning of the film.”
The public service announcement recommended by the disability organizations is “Live On. Disabled Lives Are Worth Living,” produced by the Center for Disability Rights in Rochester, New York.
Disability protests of “Me Before You” received substantial press coverage in late May and June. Members of Not Dead Yet UK protested at the London premier on May 24th, which garnered significant coverage (Guardian, Buzzfeed) during the protest and in the days following.
The last big example of this tired theme [better dead than disabled] was “Million Dollar Baby,” which “came out before the major growth of social media but still resulted in protests covered in the New York Times,” said Stephen Drake, research analyst for Not Dead Yet (USA).
Disability rights writers and bloggers also blasted the film for its oppressive portrayal of living with significant disabilities like quadriplegia. Examples include articles by disability studies scholar Bill Peace and activist and filmmaker Dominick Evans. Some have been featured in mainstream outlets like Emily Ladau’s article in Salon, Lauren West’s in Huffington Post, and Ben Mattlin’s in the Chicago Tribune.
Not Dead Yet’s New England regional director John Kelly has the same level of spinal cord injury as Will Traynor, the lead male character in “Me Before You.”
“Book and screenplay author JoJo Moyes admits she knows nothing about quadriplegics,” said Kelly, “yet her ignorance is allowed to promote the idea that people like me are better off dead. No one’s suicide should be treated noble and inspirational. Our suicides should be viewed as tragedies like anyone else’s.”

Webinar August 11: Emergency Management & Preparedness-Inclusion of Persons with Disabilities

 "ADA National Network Learning Session: Disaster Behavioral Health and People With Access and Functional Needs: Resources from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA)"

August 11th, 2016

The Substance Abuse and Mental Health Services Administration (SAMHSA) is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation. SAMHSA's mission is to reduce the impact of substance abuse and mental illness on America's communities, including throughout all phases of the disaster cycle. When natural and human-caused disasters occur, including incidents of mass violence such as terrorism and shootings, survivors, loved ones of victims, and responders are all at risk for emotional distress or other mental health concerns. Persons with physical and mental health disabilities, the deaf and hard of hearing, those with visual impairments and many others have unique access and functional needs that must be addressed as a part of a 'whole community' approach to disaster preparedness, response, and recovery, and this includes incorporating available and accessible behavioral health resources into emergency management operations. This session will provide an introduction to disaster behavioral health and overview of resources from SAMHSA that emergency managers, providers, and the public at large can utilize year-round, during and immediately following disaster events, and during long term recovery.
Webinars begin at 2.30pm ET/1.30pm CT/12.30 pm MT/11.30am PT/8.30am Hawaii.
Registration: Free on-line at http://www.adapresentations.org/registration.php
Presenters:
CDR Jamie Seligman, LMSW-C, BCD, is a project officer with Substance Abuse Mental Health Services Administration (SAMHSA) Center for Mental Health Services (CMHS) in the Emergency Mental Health and Traumatic Stress Services Branch (EMHTSSB). In his current role, he monitors crisis counseling grants to states with presidentially-declared disasters and provides technical assistance to grantees and applicants. He is also the project officer for the Disaster Behavioral Health Information Series (DBHIS), an online virtual disaster resource center with downloadable publications. CDR Seligman spearheaded the development and creation of the SAMHSA Disaster Kit; he also provided oversight and subject matter expertise in the development and launch of SAMHSA's Disaster App. CDR Seligman oversees the Disaster Distress Helpline, which is the first national hotline dedicated to providing year-round disaster crisis counseling. He has been deployed to numerous disaster settings, serving as a federal responder (mental health professional) with United States Public Health Service (USPHS). His deployments include: Ft. Myers, FL (Hurricane Charley), New Orleans (Hurricane Katrina), Asia (tsunami), South Dakota (suicide cluster), American Samoa (tsunami), Gulf Coast (Deep Water Horizon Oil Spill) and Liberia (Ebola).
Christian Burgess, MSW, is Director of the Disaster Distress Helpline (DDH), a program of the U.S. Substance Abuse and Mental Health Services Administration administered by Link2Health Solutions (L2HS), a subsidiary of the not-for-profit Mental Health Association of New York City. L2HS also administers the National Suicide Prevention Lifeline for SAMHSA, of which the DDH is considered a sub-network. Christian serves on the National VOAD Emotional and Spiritual Care Committee (ESCC) and Health Committee, and co-chaired the NYC VOAD ESCC from 2013-2014. Christian served as Training Coordinator for the Oil Spill Distress Helpline from 2010-2011, also administered by L2HS for SAMHSA, before becoming the DDH Director in 2012 when that program was launched. Prior to L2HS, Christian worked for over 10 years in youth violence prevention and trauma intervention, including as Director of School Programs at Safe Horizon, one of the nation's largest service providers for victims of crime.
These 90 minute webinars are delivered using the Blackboard Collaborate webinar platform. Collaborate downloads files to your machine in order to run. We recommend that you prepare your technology prior to the start of the session. You may need the assistance of your IT Staff if firewalls prevent you from downloading files.
To view all of the sessions for the coming year, or to see previous sessions, go to  http://www.adapresentations.org/schedule.php
The information presented in this webinar is intended solely as informal guidance, and is neither a determination of legal rights or responsibilities by NIDILRR or FEMA.

Wednesday, August 3, 2016

State of Illinois Ends Overtime Restriction Rules For Home Care Workers For Disabled and Seniors



CHICAGO (WLS7 News) - wonderful report by Karen Jordan | Aug. 3, 2016
The state of Illinois has rescinded rules that restricted overtime for people who provide in-home care for the disabled.

When the no-overtime policy went into effect in May, Governor Bruce Rauner's administration said the state could not afford the extra money to comply with a federal government ruling requiring overtime be paid at time-and-a-half.

Workers like Alberta Walker had to cut back the hours she cared for her son. The change in policy is considered a victory for disability advocates.

"My son's service plan calls for 57 hours per week. Under Bruce Rauner's unfair policy, I was told that I could no longer work those hours," Walker said.

Service Employees International Union (SEIU), the union that represents home care workers, was prepared to file a class-action lawsuit Wednesday against the Illinois Dept. of Human Services seeking an injunction to stop the no-overtime policy.

"We are calling on him to permanently rescind overtime caps on personal assistants to ensure they can continue to do the job that people with disabilities have hired them to do," said Terri Harkin, SEIU.

But the lawsuit was not filed because the Illinois Dept. of Human Services announced it had rescinded the policy. But the secretary of the department said his agency will seek an overtime policy through a process with the state legislature's consent.

"We believe it's the right policy. It protects our most vulnerable residents, but it also creates jobs and saves taxpayer dollars," said James Dimas, Illinois Dept. of Human Services.

Under the no-overtime policy, which took effect May 1, workers were limited to 40 hours a week. Violating the policy three times could result in the loss of a license, which has outraged home care recipients.

"Why should my personal assistant get penalized by receiving a warning letter?" Larry Biondi said.

The SEIU said more than 2,200 home care workers were disciplined the past few months for working more than 40 hours a week. They said had the policy not been rescinded, workers could have been terminated.

They also said they are still prepared to fight the state's efforts to enact an overtime policy.
http://abc7chicago.com/news/state-rescinds-overtime-restriction-rules-for-home-care-workers/1455984/

# # # 
Ability Chicago Info does not normally post articles and reports from news agencies on the same day of publication. But with many questions by so many, and the effect of the quality of life for many in Illinois disability community, we are sharing the above article on the same day. As this continues to got forward we will continue to post relevant information.

Washington state Disabilities Advocates Sues State Over State Institutions

A lawsuit filed Tuesday seeks to force Washington state to speed up the transition of adults with developmental disabilities from institutional settings to homes in the community.
report by Susannah Frame, for KING5 News | Aug. 2, 2016  
Disability Rights Washington (DRW), a nonprofit with the mission of supporting persons with disabilities, filed the suit in U.S. District court. It asks the Department of Social and Health Services (DSHS) and the state’s Health Care Authority to develop plans and procedures to move people out of institutions who have been identified as able to do so and have expressed that they would like to move into regular neighborhoods with appropriate support and care.

“Defendants have no effectively working plan to ensure that Plaintiffs….will avoid institutionalization. This failure violates their rights under Title II of the Americans with Disabilities Act,” wrote attorneys for DRW in the complaint.

DRW attorneys said they filed the suit after conducting an eight-month investigation. They also cited the public awareness of the issue brought about by the KING 5 series "Last of the Institutions," an investigative series that explored why Washington has failed to follow the lead of many other states in closing its state-run institutions for disabled adults.

“We know that living in an institution is not the same as living in the community and people have a right to live in the community when they want to. So this is about people’s choice of where they want to be, how they want to spend their days,” said Sarah Eaton, lead attorney on the case for DRW.

According to the suit, 91 people have been identified in the state as either wanting to leave an institutional setting or they are at great risk of becoming institutionalized because of the state’s inability to support their transition to the community. DSHS contracts with vendors that operate supported living housing, set up specifically for people with high needs, such as those waiting to move out. Currently, the state does not have enough staffing or resources to meet the demand.

FOR A VIDEO REPORT, VISIT:http://www.king.com/news/local/investigations/disabilities-group-sues-state-over-institutions/286359243

A spokesperson for DSHS said the agency is doing everything it can to help people transition into the community but a current lack of staffing is challenging.
“We want what our clients want. Unfortunately at times there are not supports in the community to accommodate every individual,” said DSHS spokesperson Kelly Stowe. “We want people to live in the community if they want to, however the supports necessary to make sure they are successful need to be in place.”

Johanna Pratt, 32, is one of those people. She has intellectual and emotional disabilities, but she doesn’t want that to keep her from living in the community.

Pratt has been living at the Rainier School for four years while waiting for a community placement with enough staff to meet her needs. She is one of the named plaintiffs in the class action lawsuit.

“I get frustrated every day because I want to leave. I want to live close to Tacoma so my family can see me more often,” said Pratt. “I want to live in the community and meet new friends. I have friends here but I want to leave and do things with my own staff.”

Washington's four institutions are: the Rainier School in Buckley, Lakeland Village in Spokane, Fircrest in Shoreline and the Yakima Valley School in Selah. Approximately 800 people reside in them. Only a handful of states operate more than four institutions, including Texas, New York, Arkansas, Mississippi and Illinois.

Washington's practice bucks a decades-long trend to stop the segregation of people with developmental and intellectual disabilities.

In all, 16 states have closed all of their large facilities for the developmentally disabled, including Oregon, Hawaii, Alaska, New Mexico and Oklahoma. These states are serving this entire population in community settings. Many live in homes with two to three residents and full time staff to meet their needs. Several agencies in the Northwest offer an array of support services, such as assisting with medical needs, transportation and job coaching. Two more states, California and Georgia, have announced concrete plans to close the remainder of their institutions.

DRW in its complaint asks a federal judge to declare that the defendants have violated the Americans with Disabilities Act.

“(We ask that the court) Declare that the Defendants’ failure to implement an adequate system of ensuring the choice of integrated community based services results in unnecessary segregation and institutionalization of Plaintiffs and the class, or places them at risk of unnecessary institutionalization, and violated the Title II of the ADA,” wrote the attorneys.

DRW also requests relief for the class in new “policies, practices, and procedures” to make sure their clients are “provided with appropriate community-based residential services with reasonable promptness.”

The filing of the complaint came after an exchange of correspondence between DRW and the two state agencies. On July 20, DRW wrote a letter to DSHS and the Health Care Authority that laid out their findings and requested a meeting to “engage in structured negotiation to reach an agreement to…actually ensure …services are reliably available to all individuals who need supported living to avoid segregation and institutionalization”. On Monday, top officials from DSHS and the Health Care Authority responded by offering to meet for “discussion purposes”…but not to engage in “settlement discussions”. The agency directors said they disagreed with DRW’s allegations.

“We also find the legal conclusions contained in your letter and your request for settlement discussions concerning and premature given we have not been engaged in a discussion about your concerns,” wrote Patricia Lashway, Acting Secretary of DSHS, and Dorothy Teeter, Director of the Health Care Authority.

Johanna Pratt hopes the lawsuit will help her to move into the community and pursue her dreams that include swimming, playing softball, getting trained to work at a job with animals, and visiting her friends when she wants to.

“I’m trying every day to think positive. Every day I wake up and (think) ‘Oh, no I won’t be able to get out of here’. I don’t want to be here anymore, it’s frustrating,” said Pratt.

The state has 21 days to respond to the complaint. The agencies could state their defenses, move to dismiss the lawsuit, or engage in settlement discussions.

http://www.king5.com/news/local/investigations/disabilities-group-sues-state-over-institutions/286359243
Copyright 2016 KING

Tuesday, August 2, 2016

Human Services and the Disability Community -Town Hall Meeting in Chicago August 5, 2016


Image of several people at a table for a panel discussion and a moderator
Human Services
Independent Voices, an Access Living Community Organizing Group, is for people who have escaped from nursing homes or who advocate for the right of people with disabilities to live in the community. At the monthly meeting on August 5, Independent Voices will host the "Defending Human Services" Town Hall Meeting. Through panels (consumer, allie, provider, State Legislator) and break out discussion groups, the Town Hall will address issues from mental health and budget cuts, to employment and food security. The goal of the Town Hall is to develop action items designed to protect and build the network of community supports for people across Illinois.  
The Town Hall is Friday, August 5, 2016 from 12:30 p.m. to 4 p.m. in the Fourth Floor Event Space at Access Living. For questions and more information, contact Tom Wilson at twilson@accessliving.org

Address: 115 W Chicago Ave, Chicago, IL 60654
Phone: (312) 640-2100

Also on the subject of community living, check out this story from Mike Ervin in the Progressive Magazine. Ervin, a disability advocate and writers, shares the story of Norma Robertson. Robertson acquired a disability, was forced into a nursing home, then eventually transitioned into the community, and now helps other people escape from nursing homes through her work with a Center for Independent Living in Pennsylvania.


President Obama at the 95th National Convention of Disabled American Veterans, the heartbreak of veteran homelessness

August 1, 2016 -- In remarks to the 95th National Convention of Disabled American Veterans, President Obama paid tribute to Gold Star families. His comments come in the wake of Donald Trump’s criticism of a Gold Star father at the Democratic National Convention the previous week. He also talked about a recently released statistic that showed the number of homeless veterans had dropped by nearly 50 percent since 2010.



as reported by C-SPAN.

Monday, August 1, 2016

Devices 4 the Disabled collects, redistributes used Durable Medical Equipment in the Chicago area

Devices 4 the Disabled (D4D) provides pickup, refurbishing, and delivery of durable medical equipment to those in need. A wonderful service helps solve one of the biggest problems with medical equipment delivery as it currently stands: forcing consumers to purchase equipment for a high price, and then leaving it to patients or their families to resell or donate when there is no longer a need for that device.

Current LocationsD4D supplies lending closets that are managed by their partners–churches, charitable organizations, and social service and community organizations. Contact the facility nearest you to pick up equipment.
  • The Father Gary Graf Center, 510 10th Street, Waukegan, IL. Call 847-775-0858 for more information.
  • Casa Puebla, 2014 S. Racine, Chicago, IL. Open Mondays and Wednesdays from 9-11 a.m. Call 312-388-5476 to set up an appointment.
  • St. Philip Neri Catholic Church, 2132 E. 72nd St., Chicago, IL. Open Saturdays from 9 to 11 a.m. Walk in or call 773-596-8489 for more information.
For more information on Devices 4 the Disabled (D4D), visit their website at: http://supportd4d.org/wordpress/

White House West Wing video tour in American Sign Language

White House West Wing Receptionist Leah Katz-Hernandez narrates a tour of the West Wing in American Sign Language (ASL), visiting the West Wing Lobby, the West Colonnade, the Rose Garden, the White House Press Briefing Room, the Cabinet Room, the Oval Office, and more. 

YouTube published by The White House on July, 31, 2016.

When a version with full audio description becomes available as is being developed, we will be post!

ADA 25 Chicago Advancing Leadership Development Retreat 2017 - Apply by Aug 31, 2016

ADA 25 CHICAGO is accepting applications for our leadership development retreat to be held in early 2017. Applications for the retreat are due August 31, 2016.  


Who Should Apply?

The Leadership Institute seeks emerging leaders with disabilities who meet the following criteria:
  • 5 -10 years of management and/or leadership experience demonstrated in one or a combination of professional, civic or community service contexts.*
  • Self-identifies as a person with a disability (both apparent and non-apparent disabilities, defined by the Americans with Disabilities Act as a person who has a physical or mental impairment that substantially limits one or more major life activities).
  • Is a resident of the Chicago region (this includes six counties: Cook, DuPage, Kane, Kendall, Lake and McHenry Counties).
  • Is committed to becoming engaged, or expand current engagement, in the civic life of metropolitan Chicago, and is seeking the possibility of voluntary participation on a board, commission, or other leadership position in public, private or non-profit sectors.
With personal leadership characteristics such as:
  • Self-Awareness
  • Strategic thinking
  • Gets results
  • Brings different groups together and has a commitment to collaboration
  • Wants to learn from others
  • Is comfortable engaging with people across cultures and across disabilities
  • Willing to self-disclose and be a visible and vulnerable learner/leader in an intensive group learning setting
  • Has a vision for leveraging participation in the Leadership Institute for longer term leadership in the Chicago region
Eligible candidates will commit to the full time of the leadership development retreat. This includes two sessions of varying lengths that will take place in the first months of 2017. These sessions will run: 3 days (Thursday – Saturday), 2 days (Friday & Saturday) with a break of 4-6 weeks between each session. More details will be posted soon, but a basic commitment to this timeline is essential to eligibility.
Tuition for the program is $1500 per person. Included in tuition: accommodations services, training, meals for the duration of the training including some dinners, any lodging and transportation required and coordinated by our program. Scholarships will be available to accepted Fellows for whom financing tuition presents a barrier to participation.
*Note: Those with recently acquired disabilities who have more management experience and are interested in exploring the intersection of their disability identity with leadership are encouraged to apply.
For questions regarding the information above or assistance with the application in general, please contact Robin Burnett, rburnett@cct.org.

             FOR MORE INFORMATION ON THIS UNIQUE OPPORTUNITY:
  • APPLY HERE
  • NOMINATORS TO SUBMIT NOMINATIONS HERE
# the information within this post is shared from ADA 25 Chicago website.