On December 12, 2013 Representative Tim Murphy (R) of the 18th District of Pennsylvania introduced  H.R. 3717, the Helping Families in Mental Health Crisis Act of 2013. If passed, this bill would reverse major advances of the last 30 years in mental health services and supports.

NCIL stands firmly against this bill. Please take the time to read  NCIL’s legislative summary (PDF or  plain text), which outlines the numerous threats to the civil liberties of Americans with disabilities contained in this legislation.

In short, H.R. 3717 would:

• Ensure that doctors and the health industry are in charge of mental health policy rather than consumers
• Cut support for peer support programs
• Lead to fewer individuals receiving the treatment they desire and need
• Coerce states financially to require involuntary “treatment” for people who are “gravely disabled” and make other changes to commitment laws
• Make it easier to discriminate against people who have a mental health diagnosis in housing, employment, and education
• Limit the ability of Protection and Advocacy systems to protect people with mental health diagnosis

Take Action

While your Representatives are home for the winter break, call, write, or send them an email. Identify yourself as a constituent and urge your Representative: “Please do not support or sponsor H.R. 3717, the Helping Families in Mental Health Crisis Act of 2013!”

Then, ask your family, friends, co-workers and other community members to do the same! For more information, or to report the response you received from your Representative, please contact Shoshanna Fawley at 602-296-0592 or [email protected].

The Autistic Self Advocacy Network (ASAN) is preparing a joint letter to send to Autism Speaks’ sponsors and donors. The letter urges sponsors to end their support for Autism Speaks and makes clear that the organization’s statements and actions undermine the work of self-advocates and do significant damage to the lives of autistic people and people with other disabilities.

Organizations wishing to sign on to the joint letter should contact Lydia Brown at [email protected] prior to Tuesday, December 10 at 5:00 p.m. Eastern.

Co-signatories currently include The Autistic Self Advocacy Network, The Association for Autistic Community, Autism Women’s Network, Association of Programs for Rural Independent Living, National Council on Independent Living, National Coalition on Mental Health Recovery, Little People of America, Not Dead Yet, Ollibean, TASH, The Thinking Person’s Guide to Autism, Queerability, Michigan Disability Rights Coalition, PACLA, and Down Syndrome Uprising.

An Update from the NCIL Emergency Preparedness and Response Subcommittee

Christy Dunaway, Chair

As reported in our last update, the lack of appropriate and accessible services and the violation of civil rights in shelters, disaster recovery centers and post-disaster offerings, such as emergency funding and housing, has been a cause for concern among advocates. The issue has been discussed frequently at local, state and national levels. In 2010, as a result of considerable advocacy efforts from many within the disability community, NCIL entered into a Memorandum of Understanding (MOU) with the Federal Emergency Management Agency (FEMA). This MOU allows NCIL and our representatives access to Disaster Recovery Centers operated by FEMA. Access by CILs and other disability-related entities to the DRCs is vital in ensuring quality outcomes. DRC staff members are not as familiar with disability and functional needs or limitations as CIL staff are. We have played an important role in individual lives through our intervention at DRCs.

Following in this same spirit of networking and collaboration, the NCIL Emergency Preparedness and Response Subcommittee continues to negotiate with the American Red Cross (ARC) to develop an MOU between NCIL and ARC.

In recent years, several members of the Subcommittee have come to know the disaster response work of Portlight Strategies. Portlight provided valuable services to Mississippians in the wake of Katrina through the provision of durable medical equipment and supplies lost to the storm. In addition to the donations received from CILs throughout the country, Portlight shipped two 18 wheeler trucks of equipment we had specifically asked for and needed.  [Read more…]

Source: Disability and Abuse Project

The Disability and Abuse Project has released a report that gives low grades to state and local agencies for failing to respond adequately to widespread abuse of children and adults with disabilities.

The Report, “Abuse of People with Disabilities: Victims and Their Families Speak Out”, analyzes the results of what may be the largest survey of its kind in the nation. More than 7,200 people took the survey, which inquired into the experiences of people with disabilities as victims of abuse and bullying. Family members, advocates, service providers and various types of professionals also responded.

Over 70% of people with disabilities said they had been victims of abuse. More than 50% of these victims had experienced physical abuse, with some 41% having been victims of sexual abuse. Nearly 9 of 10 respondents with disabilities had suffered verbal or emotional abuse. Most victims said they had experienced abuse on more than 20 occasions.

About half of the incidents of abuse were not reported to authorities. When reports were filed, fewer than 10% of alleged perpetrators were arrested.

Only one-third of victims received therapy and fewer than 5% received benefits from victim compensation programs.  [Read more…]

Source: ADA Legacy Project

In July 2015, our nation will celebrate the 25th anniversary of the Americans with Disabilities Act. The ADA Legacy Project is a new initiative focused on three things: preserving disability history; celebrating its milestones; and educating the public and future generations of advocates.

What is the ADA Legacy Project?

We are a group of advocates, caregivers, organizations, people with disabilities and others who are working to create the legacy of the Americans with Disabilities Act (ADA): a world in which all people are accepted and valued for who and how they are.

To that end, The ADA Legacy Project was developed to preserve disability history; to celebrate the accomplishments of people with disabilities, including passage of the ADA; and to educate the public on disability history and issues.

The disability community is a thriving network of individuals and organizations who are actively involved in many of these initiatives. As such, the role of The ADA Legacy Project is simply a clearinghouse to connect, coordinate, and communicate these efforts.

Currently, our celebration efforts are focused on planning a legacy tour and other events to celebrate the ADA’s 25th anniversary in 2015. This will include a tool kit to enable local communities to participate. We are also connecting disability history exhibits, projects, and curricula.  [Read more…]

The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics found that in 2010, persons with disabilities experienced an estimated 567,000 nonfatal violent crimes. They determined that the rate of violent victimization of persons with disabilities was almost twice the rate among persons without disabilities. It was also reported that 13% of violence against persons with disabilities was committed by intimate partners.

These numbers demonstrate the need for CILs to be aware that they are likely serving individuals who are or will be victims of a crime, and they may also be serving perpetrators of crimes. NCIL asked the Violence & Abuse Task Force to provide some guidance for CILs to consider. The following is a brief summary of the report the Task Force put together and presented at the 2013 NCIL Annual Conference. Much of the information below has been adapted from Guiding Principles: Safe Havens: Supervised Visitation and Safe Exchange Grant Program (PDF).

CIL staff members are not expected to experts at responding to crimes. While training and resources will help staff feel more comfortable addressing these issues with consumers, CILs need to look to expert community-based programs in their areas, such as sexual or domestic violence programs. Our biggest charge is to do all that we can to make the person to feel and be safe while they are using the Center’s services.

• Collaboration with victim service providers is key. You need them, and they need you for cross-training and resources.
• There should be a clear understanding of the role of the Center and its relationship with other agencies or systems with which the individual may come into contact.
• Have information on sexual assault, domestic violence, personal safety, crime victims’ compensation funds, and other victims’ services openly displayed or provided during intake. Ensure that the information is provided to all consumers so it won’t raise concerns of the perpetrator.  [Read more…]

During NCIL’s Annual Conference this past July, the NCIL Mental Health Civil Rights Task Force presented two workshops – one on Centers for Independent Living (CILs) providing peer support to consumers with mental health disabilities, and one about responding to incidents of mass-violence without profiling people with disabilities. Thank you to all who attended. The Task Force is currently following up on the resolution opposing disability profiling, which NCIL membership adopted during the 2013 Annual Meeting.

Recently, the National Coalition for Mental Health Recovery and the National Disability Rights Network launched an online petition opposing threats to funding for federal mental health recovery programs and the PAIMI program. Sign the petition.

In late September, the show 60 Minutes aired a segment negatively portraying people with mental health disabilities. Several disability rights organizations are responding to counter the show, including sending a letter to 60 Minutes to which NCIL is a signatory.

• More information, including a copy of the letter and an alert with contact information for 60 Minutes

The NCIL Mental Health Civil Rights Task Force usually meets on the first Thursday of the month at 3:00 Eastern. For more information, please contact Krista Erickson [email protected] or Shoshanna Fawley at [email protected].

Ashton Rosin

Disneyland and Walt Disneyworld’s programs for people with disabilities have seen a major change over the last month. In the wake of widespread exploitation of its previous policy, the theme parks have adopted a new approach to eliminate this reported abuse.

Previously, people with disabilities were allowed to cut lines or gain back door access to reduce their wait times by entering a ride through its exit. However, abuse of the policy has grown. Able bodied individuals have been observed renting wheelchairs to gain access to the shorter wait times. Disney theme parks have seen a dramatic increase in “disabled tour guides”, individuals paid by the hour to accompany able bodied patrons. Privacy laws prohibit the theme parks from requiring proof of disability, making abuse of the previous system almost effortless.

The new policy, which went into effect on October 9th, introduced the Disability Access Service Card to individuals who are not able to wait in traditional lines. These individuals will be issued tickets with a return time based on current wait times at various rides. Mirroring Disney’s FastPass system, people with disabilities will not have to wait in line after they sign a form and take their photograph to receive the Service Card. Additionally, Disney is offering a Guide for Guests with Cognitive Disabilities, to provide people with disabilities suggestions on how best to enjoy the park.

• See all of Disney’s services for guests with disabilities.

The new restaurant-type reservation system might cause difficulties for people with disabilities. Some families feel that it is almost impossible to visit the park and are disappointed in the change. Individuals with cognitive, sensory, social, emotional, or physical challenges may not have the capacity to endure some of these potential waits when surrounded by extensive stimuli in the park.  [Read more…]

Major changes came about for NCIL’s ADA / Civil Rights Subcommittee this summer. Mark Derry, who had co-chaired the committee for many years, was elected to serve as NCIL’s Vice President (and Chair of the Legislative & Advocacy Subcommittee) at the 2013 Annual Council Meeting in July. He decided to devote his time to his new role and stepped down as Chair of the ADA / Civil Rights Subcommittee. NCIL’s newly elected President, Lou Ann Kibbee, appointed Mike Bachhuber and Dara Baldwin as Co-Chairs.

The new Chairs expect to continue the reorganization Mark and Co-Chair Julie Alexander had begun. The three Task Forces organized under the ADA / Civil Rights Subcommittee (the Violence & Abuse Task Force, the Mental Health Task Force, and the Voting Rights Task Force) will be more independent moving forward and the Subcommittee will continue its work with members who have a more general passion for civil rights.

The good news is that legislation like last year’s bill to prevent the Department of Justice from enforcing pool accessibility regulations may be dead and the ADA Notification Act does not appear to be going anywhere right now. The Subcommittee will be working to stay ahead of civil rights issues as they develop.  [Read more…]

Source: Senate HELP Committee Newsroom

U.S. Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, today released a report on the ‘ADA Generation’—the young men and women who have come of age since the Americans With Disabilities Act was enacted—that offers bold steps to improve the employment of these young Americans as they seek competitive employment. Chairman Harkin was the Senate author of the landmark Americans with Disabilities Act.

“The enactment of the Americans with Disabilities Act, 23 years ago, helped grant the promise of equality to Americans with disabilities. But today, more work remains to be done to knock down one of the last remaining barriers—the gap in workforce participation that exists for millions of young adults,” Harkin said. “A ripe opportunity exists for Congress, the federal government, and the business community to work hand-in-hand to make competitive, integrated employment the first choice for individuals with disabilities. The goals of equality of opportunity, full participation in American society, independent living, and economic self-sufficiency are the birthright of this young generation, and we must work together to ensure this promise is met.”  [Read more…]