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DD Quarterly Fall 2006

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Publication of the Ohio Developmental Disabilities Council bringing disability issues and accomplishments to the attention of Ohioans.

It is the mission of the Ohio Developmental Disabilities Council to create change that improves independence, productivity and inclusion in community life for people with disabilities and their families.

Medicaid Buy-In legislation introduced by Stivers, Peterson

State Senator Steve Stivers and Representative Jon Peterson hosted a press conference September 12, 2006 and announced plans to introduce Medicaid Buy-In (MBI) legislation to the Senate and House in Ohio .

In fact, Stivers introduced MBI in the Senate that day. Hearings on the MBI legislation, which is now known as Senate Bill 369, will begin after the upcoming election.

Representative Peterson introduced a companion bill in the House on September 26—H.B. 664.

Stivers, R-16, and Peterson, R-2, have promoted the merits of MBI for several years, and people with disabilities have advocated for its implementation for the past seven years.

MBI, which is currently law in 35 states, and is moving toward passage in a few others, will give Ohioans with disabilities who are employed or who want to work the ability to earn and save more income while retaining their Medicaid health care coverage.

MBI participants would pay into the Medicaid system much the same way a person pays for health insurance premiums. The premium cost associated with MBI would be based on ten percent of the worker’s gross income above 150% of the federal poverty level, and will be set by the Ohio Department of Job and Family Services.

It is estimated that about 7,000 Ohioans with disabilities aged 16-64 will benefit from MBI based on MBI’s fullest implementation, which would take several years to achieve, noted both Stivers and Peterson.

Currently, people who are on Medicaid but who work are limited to having only $1,500 in assets. MBI would allow them to save ten thousand dollars before they would become ineligible for the health care program.

Stivers said the MBI effort would be tied with an incentive for people to purchase long-term care insurance that could also decrease the state’s expenditures on Medicaid.

Peterson said Medicaid Buy-In is not only good news for people with disabilities, but employers as well. “ Ohio should open up economic opportunities for all Ohioans, and this is what this does,” he said. “This legislation breaks down barriers. It will unleash an untapped resource—a new source of very highly skilled, highly qualified labor.”

Stivers first came face-to-face with the need for MBI in 2003 when he tried to hire Hilliard resident Melissa Day to work in his office. Day, who uses a wheelchair due to quadriplegia caused by a spinal cord injury, explained to Stivers at the time that she would lose her vitally needed Medicaid health coverage if she took a paying position.

Day, who attended the press conference, receives 40 hours of skilled nursing each week, in addition to 40 hours of additional aid.

“That was an eye-opening experience for me,” Stivers said. “That Ohio law forces people to choose between work and health care.”

Day, 27, now a law student at Capital University , said she has prayed for MBI to come to Ohio . “We go to college and get degrees, but then we’re stuck, we can’t work,” she said. “We’re tired of sitting at home and watching TV and not being productive.”

Doug DeVoe, executive director of Ohio Advocates for Mental Health and one who’s carried the MBI message throughout the state and in testimony to legislators, also spoke at the press conference. “This has been a long journey,” he said. “Thousands of people with disabilities will be able to benefit from this project. People with disabilities are forced into poverty to keep their Medi-caid. We have taken an important step in Ohio today to ensure that people with disabilities have opportunities.”

William Darling, chair of the Ohio Developmental Disabilities Council, is pleased by the announcement. “It’s a wonderful day for people with disabilities that the state is willing to remove the disincentive to work,” he said. MBI brings with it an increase in the quality of life for people with disabilities, as well as increased tax revenue for the state, Darling added.

Beverly Johnson, director of the Cerebral Palsy Association of Ohio, who has generated support of of MBI at workshops and trainings for groups around the state, echoed Darling’s comment. “It’s a great day…we’re going to have Medicaid Buy-In in Ohio !”

Medicaid Buy-In Cosponsors

Ohio Senators: Ray Miller D-15; Joy Padgett R-20; Patricia Clancy R-8; Dale Miller D-23; Eric Fingerhut D-25; Jeffry Armbruster R–13; David Goodman R-3; Robert Spada R-24; Charlie Wilson D-30.

Ohio Representatives: Steve Driehaus D-31; Timothy J. Cassell D-63; Jim Hughes R-22; Jim Raussen R-28; Arlene J. Setzer R-36; Tim Schaffer R-5; William J. Hartnett D-73; Jeanine Perry D-49; Lorraine M. Fende D-62; Thom Collier R-90; Jim McGregor R-20; Louis W. Blessing, Jr. R-29; Catherine L. Barrett D-32; Kathleen Chandler D-68; Bill Seitz R-30; Mark Wagoner R-46; W. Scott Oelslager R-51; Jimmy Stewart R-92; Kenneth A. Carano D-59; Sandra Harwood D-65; David R. Evans R-71; Kenny Yuko D-7; Michael Skindell D-13; Larry Wolpert R-23; Geoffrey C. Smith R-24; Charles R. Blasdel R-1; Joseph Uecker R-66; Dan Stewart D-25.

Now, Medicaid Buy-In needs you!

DD Council and the other organizations who support Medicaid Buy-In wish to thank all of you who worked to get an MBI Bill introduced in the Ohio House and Senate. However, our battle is not over.

We need continued, strong advocacy efforts to get the bill passed. You need to contact the senators and representatives in your district and let them know how important this bill is, and how it will improve the lives of people with disabilities.

One way you can do this is by telling your personal story. Legislators need to hear from their constituents about how this bill will impact people’s lives; how it will enable people with disabilities to earn better wages and be able to keep more of their earned resources.

Keep your story short and to the point. To help you put your thoughts and words together, AXIS developed an easy to use, one-page form. To request a copy, simply call: (800) 231-2947 or email: axiscenter@aol.com.

Feel free to copy and share the form with others in your area. The more stories we tell, the better!

SAMHSA recognizes OAMH director

Doug DeVoe, CEO of Ohio Advocates for Mental Health (OAMH), received a prestigious Voice Award from the Substance Abuse and Mental Health Services Administration (SAMHSA), August 23, 2006 in Los Angeles, CA. DeVoe was one of five people selected out of 120 candidates to receive the Consumer Leadership Award for “his efforts to raise awareness of mental health and expand public understanding that mental health problems exist in every community and effect almost every family.”

DeVoe said, “This award is really a tribute to the thousands of people diagnosed with mental illnesses in Ohio who have the courage each day to tell their stories, to fight their battles to recover, and who succeed far beyond the expectations of a society that stigmatizes them.”

In addition to honoring mental health advocates, the Voice Awards honor television and radio writers and producers who create dignified, respectful and accurate portrayals of people living with mental illness. This year, Patty Duke and Ruta Lee were honored with Special Recognition Awards.

ODVC kicks off activities with Statehouse celebration

The Ohio Disability Vote Coalition (ODVC) launched its “Feel the Power of the Disability Vote” celebration Thursday, August 24 at the Ohio State-house Atrium.

The coalition, which is a collaboration of some 30 organizations from throughout the state, encourages Ohioans with disabilities to register to vote in order that their voices are heard as a stronger and more effective voting bloc. About 75 people attended the event.

Sue Hetrick, director of advocacy and public policy for the Ability Center of Greater Toledo, and a coordinator of ODVC, reminded attendees why a coalition is needed. “People with disabilities represent the largest minority in this country and they vote with the least frequency,” she said. “People who are elected are interested in staying in office, so they pay attention to the people who put them there (voted for them). For the first time, we can develop numbers and we can develop a voting strength. We are at the very beginning of a very important coalition movement,” she added.

Dan Wilkins, of northwest Ohio , and a board member of the Ability Center of Greater Toledo, was the keynote speaker. “If you are a legislator or a politician, take heed,” he said.

“For a very long time, we have been led to believe that our vote does not matter, that we do not count,” he said. “We have been led to believe that we are not worthy or knowledgeable, that if we voted it would be a “wrong” vote, that we should stay out of politics; sit back and let ourselves be cared for by those who best know our needs.”

But that is changing, he noted. “We are waking up. We have seen and experienced what happens when we trust our lives and the lives of our children and parents to those with different agendas,” he said. “We are beginning to take our leaders to task and holding them accountable.”

And good things are resulting for the Ohioans with disabilities, he said. “Together we are stronger. Together we are louder. Many communities, one voice. Many voices. one community.”

Eric Parks, ADA coordinator for the Ohio Secretary of State’s (SOS) office, spoke about leading an advisory committee that has worked to ensure that polling places are accessible. “It is the desire of the Secretary of State that everyone have access to the ballot box,” he said.

Parks, who is blind, related the story of times in the past when he needed poll workers to help him cast his ballot. “There was no such thing as privacy, there was no such thing as dignity when I cast my vote,” he said. “There are over 7,000 voting locations in Ohio ,” he said. “We want them to all be accessible, and safe.”

He also called upon voters to alert the Secretary of State’s Office about any problems they might encounter while voting.

Ken Campbell, long-time disability rights advocate and a member of the advisory committee for the SOS, said that for years people with disabilities have advocated for access to polling places. The focus now is getting people with disabilities to vote. “It is now incumbent upon and definitely depends on your involvement,” he said. “If you aren’t registered, it just doesn’t matter. We need to get people registered to vote.”

Peg Rosenfield, of the Ohio League of Women Voters, informed attendees that the League is distributing fliers alerting people of the new identification requirements for voters who visit their polling places. From now on, voters must show pollworkers a valid document that shows their name and address (see page 11).

Mary Hiland, executive director of the American Council of the Blind–Ohio, said her organization will join ODVC. “I thought the event itself was first class. It was well organized, and I was especially pleased that there was a voting machine there for us to practice on.” She said that new technology in voting systems is a plus for voters with disabilities. “With the introduction of these machines, there is no excuse for people who are blind to not get out and vote.”

Sadie Hunter, director of People First of Ohio, said that individuals with disabilities want to be a part of their communities. “People think that all people with disabilities automatically want to vote absentee, and that isn’t true.”

Moni Patterson, state advocacy coordinator with the National MS Society, said “The fact that ODVC is mobilizing and educating people with disabilities will be a major factor in our future elections.”

Sue Willis, director of the AXIS Center for Public Awareness, and a coordinator of ODVC, said the coalition currently is working on three activities: registering voters and urging them to vote; educating voters with disabilities; and building the coalition.

For more information about ODVC or how to become a member, contact Sue Hetrick, (866) 575-8055, or shetrick@abilitycenter.org

Ohio Project Vote improves cognitive access to voting

On July 17, leaders from the National Technical Assistance Center (NTAC) for Voting and Cognitive Access met with 19 representatives from across the state to facilitate Ohio ’s goal of creating an Ohio Disability Vote Coalition. Tia Nelis, Project Coordinator from the University of Illinois at Chicago and Hannah Bowen, Project Team Member from Portland State University , presented skills for building partnerships to improve cognitive access to voting. The Center is partially funded by the Association on Developmental Disabilities.

The challenge for people with cognitive disabilities is understanding why to vote, how to vote, and where to vote.

NATC selected Linda Kunick, President of People First of Ohio and Susan Rust of the Hamilton County Board of MRDD, to be among a group of people with developmental disabilities from across the country that are trained to lead workshops that teach the following important skills about voting issues:

• How to register to vote

• How to cast a ballot/go to the polls and vote

• Where you can vote

• Things that might get in the way when you go out to vote

• How to build community connections across local and state agencies, people with developmental disabilities, their family members, elected officials, and legislators, to increase voting participation of people with developmental disabilities.

This training program is called Project Vote. Workshops can be flexible and based on individual or organizational need and request, and can be scheduled at a location of your choice. The contracted program can be taught in one, eight-hour day or two half-days depending on the target audience’s needs.

To learn more about Ohio Project Vote, contact: Essie Pederson, sepeder@aol.com, (513) 871-2181, or the National Technical Assistance Center for Voting and Cognitive Access, Tia Nelis, tianelis@uic.edu or Hannah Bowen, bowenh@pdx.edu, or visit their interactive website: www.govoter.org.

Self-advocates and professionals come together to understand domestic violence issues of people with disabilities

The Ohio Domestic Violence and Disability Task Force hosted a day-long conference, “A Meeting of Minds: Part 2,” on Monday, August 21 at the Hyatt Regency in downtown Columbus . About 125 providers and people with disabilities attended.

The event was cosponsored by the Ohio Developmental Disabilities Council, the AXIS Center for Public Awareness, and the Ohio Governor’s Council on People with Disabilities.

Columbus City Council Member Charleta Tavares opened the conference with a welcome and expressed a strong understanding of the importance of continued education and awareness about all topics relating to disability. “It’s really important that we all have our basic needs met. We don’t want our residents to be unsafe or suffer because of a lack of knowledge,” she said.

Michelle Schwartz, MA and Lee Ann Cameron, LSW, both of SafePlace, located in Austin , Texas , were the presenters for the day. Throughout the day they trained providers and self-advocates to recognize and understand domestic violence issues confronted by people with disabilities.

Schwartz is the national training manager for Disability Services ASAP (A Safety Aware-ness Program). Cameron is a sexual assault counselor and educator. SafePlace is a nationally recognized domestic violence and sexual assault survival center.

Domestic violence among people with all types of disabilities “is at epidemic proportions,” Schwartz said. “We’re just learning about what are the kinds of things we can do for support and services for people with disabilities when they experience violence.”

Both subtle and extremely brutal forms of domestic violence exist, she noted. “They (people with disabilities) have been exposed to this when they are isolated and when they are silent. They know what the consequences are for speaking up. There’s enough energy and enough power to make that different in Ohio .”

A video called “End the Silence” was presented, which showcased the stories of people with disabilities who have survived domestic violence. The video was produced by the Temple Institute on Developmental Disabilities, Philadelphia , PA.

In the video, one person’s reflections began with the comment, “I’m going to tell you a really ugly story…” and the video concluded with the question, “What are you going to do about it?”

Perpetrators look for a vulnerable person, Schwartz said. “The task for us is to create environments where they (survivors) can talk to us and tell us about it.”

Those who commit violence against people with disabilities “do it because they can get away with it,” Schwartz added. “Violence is about power and control.”

The way the public speaks about domestic violence shapes the way people regard it, she said. That’s why she prefers to use the word “violence” in describing it. “The word ‘abuse’ kind of softens it, Schwartz explained. “I also challenge myself to use the word ‘perpetrator’.”

Public policy has a role in curbing domestic violence. “People who do it are going to continue to do it until they are held accountable and until there are consequences,” Schwartz said.

Part of the overall equation is that people with disabilities have access to victims’ services, however they often don’t know about these services or are afraid to access them.

Violence is not the fault of the person who is the survivor of the violence, she emphasized. “Violence is about power and control. Healing is about taking that power back, to learning that a person can say ‘no’.”

Schwartz said everyone can play a role in the healing process. “You can be an ear, someone who will believe. You can absolutely be a part of the healing process for a person with a disability.”

Unfortunately, during the years that the domestic violence issue began to be recognized, women with disabilities, men with disabilities… people with disabilities…were not a part of the work, Schwartz said.

“We’ve made a lot of progress. People are safer today because of the progress that went before,” she said.

Schwartz and Cameron report that in their work at SafePlace:

• 94 % of people who came to the center from 1998 to 2000 did so due to domestic and caregiver violence.

• Of those, 52 % reported weekly instances of abuse.

• 74 % reported multiple incidents of sexual abuse.

• 61% reported multiple perpetrators.

The keys to success in dealing with domestic violence are natural allies, shared values, accountability, generosity, respect, time and space for feeling, and listening, Schwartz said. That, pared with collaboration, goes a long way toward finding solutions.

“One of the most incredible things we can do is listen,” she added, emphasizing that those who listen make up a group bent on action—a community of bystanders who are willing to say something if things aren’t quite right.

After lunch, the conference divided into two sections, one for advocates to learn techniques to deal with abuse and perpetrators, and another for providers, in order that they may understand and recognize the signs of abuse and intervene in a more appropriate and effective manner.

David Howard, a self advocate from Springfield who works at TAC Industries, attended the conference. He is president of the Clark County People First chapter.

“I learned a lot,” he said. “I learned that there is a lot of violence in the world, and including in the workplace, and that people with disabilities need to speak up more.”

Howard particularly found the video story of a man who survived abuse, yet still lives with its implications years later, to be a compelling story. “That was sad. We want to try and get that video.”

Perpetrators typically follow a pattern of conduct leading up to their crimes. The perpetrator “grooms” the victim by gaining trust, and gaining access. They get to know their victim. “Caregiver abuse happens when the perpetrator takes advantage of the fact that they have more power than the individual with a disability,” added Cameron.

“That power is unequal; that power is unbalanced,” said Schwartz. Such power includes access to the victim’s checkbook, keys to the house, and use of the van.

“How do you balance the power?” asked Cameron. “The old saying goes, ‘Knowledge is power.”

To begin to help, providers should have compassion for the survivor of violence. “One first priority should always be the safety of the person with a disability,” Schwartz said.

Access to services—including physical access to a facility—is critical, both women said.

“As disability service agencies, we need to address the problem head on,” Schwartz said. “It’s about getting in through the door.”

“It’s also about programmatic access,” she added. “For instance, in shelters, people have to follow rules. What if those rules create a barrier for a person with a disability? What do we have to modify so that a person with a disability can access our services?”

Attitudinal accessibility also is a factor. Schwartz said that attitudes that do not completely consider life with a disability can be eliminated by hiring people with disabilities to work at the agencies.

“We can build expertise from the inside,” she said. “And go through policies to identify what may be keeping people with disabilities out of our agency.”

Providers understand importance of domestic violence issue

Providers attending “A Meeting of Minds” gained insights and were reminded of the importance of knowing how to recognize the signs of abuse with those they serve.

Nyla Vollmer, LPN, of Logan , Ohio , has spent 18 years working in public health, but recently transferred to the Hocking County Board of MRDD.

“Through this conference, I was able to see how easily our clients could be persuaded to do things they may not necessarily want to do by not only strangers, but family and caregivers alike. This is a group of trusting people, that are easily manipulated just to be accepted. Your conference has helped me to be much more aware of not only health and safety issues, but emotional well being issues as well,” she said.

Kristina Noe, executive director of the Ability Center — Defiance , Ohio office, gained information she will pass on to others. “I learned of different training materials I can access to share with agencies and professionals in my own local communities, materials that are very difficult to find,” she said.

“Trainings of this nature are very important because even a lot of the professionals out there who do not work in the disability field day after day do not truly recognize that domestic violence for a person with a disability can be under a totally different spectrum than the norm, such as refusal to provide personal care services when needed,” she added. “The typical person thinks of domestic violence as hitting and screaming and throwing things, not realizing how dependent that person with a disability could actually be upon the person refusing them services.”

Kelly Schuck, a service and support specialist with the Lucas County Board of MRDD, said she has experience working with people with disabilities, and with survivors of domestic violence as a coordinator of a domestic violence shelter. “This is very important to merge the two pieces of my background together,” she said. “We’re working with the county board to provide the best services possible, but I think we can do it better.” She said obtaining resources from around the state is also helpful.

Susan Morgan, a provider with Buckeye Community Services, in Jackson , Ohio , said conferences such as this are important. “It’s not only having your staff educated, it’s the follow-through.”

Practical ways professionals can handle domestic violence

The way professionals address domestic violence with consumers is important, explained Michelle Schwartz, of SafePlace, in Austin , Texas during the Pro-vider Workshop at the Meeting of Minds: Part 2 conference.

For instance, if you are a provider and find out about a consumer’s domestic victimization through the everyday work of looking at files, it is not correct to go to the person and tell him or her that you know about the violence.

Instead, providing an environment for trusting conversation is a better approach. “What we can do as individuals is be someone that a person can talk to,” Schwartz said. The more a person is known to be one who is knowledgeable about domestic violence, the more people will broach the topic.

“People may come to you,” Schwartz said. “Be that person who is willing to pay attention. A lot of people have been waiting a long time, maybe five to ten years to tell someone.”

Professionals should pay attention and take note of changes in the way a person with a disability interacts with others. Look for the following clues that something may be wrong:

• Is the person with a disability withdrawing from conversation or activities?

• Is the person with a disability suddenly being overly polite?

• Does the person with a disability suddenly not like a particular individual in his or her life?

Above all, do not be pushy for answers. The person who has endured domestic violence has already been pushed by his or her perpetrator. “We don’t want to be another entity that does another ‘power’ thing,” Schwartz cautioned.

Once a person does confide in a professional about a history of domestic violence, it is important to check with them and find out how they feel about what they have shared.

It is also important to not coach a person when discussing domestic violence, Schwartz said.“Don’t make suggestions about what happened.”

Also, do not make promises to the person with a disability. “We can’t guarantee that someone will not experience violence, but what we can do is be available for that person.”

AXIS has a limited number of packets of materials distributed at “A Meeting of Minds.” To request a packet at no charge, call (800) 231-2947 or email: axiscenter@aol.com

For more information about SafePlace, visit: www.austin-safeplace.org

Did you know…

• Violence happens in the lives of people with disabilities twice as often as for people without disabilities.

• 8% of offenders gained access to people with disabilities through work in disability services.

• People with disabilities are victimized by multiple perpetrators three to ten times more frequently than their peers who do not have disabilities.

• 52% of offenders who perpetrate violence against people with disabilities were acquaintances of their victims.

An attendee of the conference, Kathy Streblo, executive director of UCP of Central Ohio, commented, “I learned that disability providers are reluctant to tackle this issue due to societal stereotypes. It is important that conferences on abuse and people with disabilities are held because providers of violence prevention services and disability providers do not usually encounter each other at conferences. We have different networks and by coming together we are able to double our efforts to protect people with disabilities.”

DD Council awards eight new arts mini-grants

The Homeless Grapevine Newspaper, Photography Residency Program, Northeast Ohio Coalition for the Homeless, Cleveland

Project will support a six to eight week photography residency to expand artists’ skills and develop a body of work to enhance their ability to profit from their art. Five artists with disabilities will have the opportunity to develop additional skills in film and digital production and create a bound portfolio of work based on the theme: Voices from the Street. Selected pieces will be exhibited and sold; artists receive 50% of the proceeds of their work with the remainder used to support residency programs and the work of the newspaper.

Emerging Artists Initiative, The Chop Chop Gallery, Columbus

Project will provide a professional exhibition space and promotion for visual artists with disabilities. The gallery will assist artists, who are already creating art and want to exhibit, with the details of professional display. Artists can sell work in the gallery for 100% profit. This project expects the benefits of integrating the ideas, visions, and talents of those artists with and without disabilities.

Art Bridge Studio: Uncovered Potential, UCP of Central Ohio, Columbus

Project will purchase silk screen equipment and supplies, and train artists in creating screen- printed products. This experience will enable studio to market printing services to local busi-nesses, helping the art program become more self-sustainable. Original art for printing will be purchased from UCP artists. Project will also promote sale of art in galleries and juried shows.

The Good Art Studio, Goodwill, Columbus

Project will expand a pilot quilt program that has proved to be visually and financially successful for program participants. Quilts will include one-of-a-kind paintings and mixed media fiber arts. Volunteers assist staff in assembling the quilts. Benefits to artists include a greater opportunity for income and an inclusive environment allowing participants to experience integration through collaboration.

Inner I Gallery: Phase II, Toward Independence , Xenia

Project will continue to promote the artistic careers of artists with disabilities and will now include other Ohio artists outside of TI’s residential services program; and will expand the training program and upgrade the quality of materials currently being used. Artists’ work will be promoted on their web site and at art shows and exhibits. Artists receive 80% of the net profit from the sale of work in the gallery.

Marketing V & V Artists and Their Works, Visionaries & Voices, Cincinnati

Project will further develop portfolios and marketing materials for three “outsider artists,” currently on the verge of major careers. Project also will rent a booth at the Outsider Art Fair in New York City , a major event for outsider art collectors and artists. Art works include murals and sculpture, detailed map drawing, and painting.

Hard Court, Wright State University , Dayton

Project will support production of a musical that focuses on the issues of acceptance of people with disabilities at a crucial time of life—adolescence. Wright State will make this experience the focus of a series of workshops, discussions, and cross-disciplinary events to assist other young artists with disabilities in developing the skills necessary to bring their own projects to fruition.

Artist Technology Center , VSA of Ohio , Columbus

Project will establish a center where artists will be able to use a computer with high speed internet access to research funding and outlets for their work, create websites to market their artwork, network with other artists, and use online tools such as the Ohio Arts Council’s Artist Opportunities database. One-to-one coaching will be provided.

For more information, contact Bettie Meadows, (614) 644-5542, or bettie.meadows@dmr.state.oh.us

News from Ohio Legal Rights Service (OLRS)

Ohio Legal Rights Service is moving!

OLRS will be moving to a new office location on November 6, 2006, but the phone numbers will remain the same. The new address is listed below.

Ohio Legal Rights Service

50 W. Broad St., Suite 1400

Columbus , OH 43215

Toll-free: 1-800-282-9181

Local: 1-614-466-7264

TTY toll-free: 1-800-858-3542

TTY local: 1-614-728-2553

Fax: 1-614-644-1888

www.olrs.ohio.gov

http://olrs.ohio.gov

Martin v. Taft: Tentative Settlement Reached

A tentative settlement has been reached in the federal class action case of Martin v. Taft. The proposed agreement will result in state funding for home and community based services over the next two state fiscal years for 1500 additional individuals who are currently in an institution and choose to move, or who will be at risk of being institutionalized but who would choose to be served in a community setting.

In addition, the agreement will result in the release to county boards of mental retardation and developmental disabilities of $4.2 million of state capital funds for housing development for the class. The settlement also calls for surveys of those residing in Intermediate Care Facilities for the Mentally Retarded (ICFs/MR) and Nursing Facilities (NFs) to assist in evaluating the need for additional community based services.

The Martin litigation has been a significant priority for OLRS and its clients since its filing in 1989. While many changes in Ohio’s MRDD system have occurred since then, the overarching goal of the litigation—allowing people with disabilities to choose services in a home-like setting rather than an institution (ICF/MR or NF)—has remained vital.

Since 1993, the thrust of the case has been related to the community integration mandate of Title II of the Americans with Disabilities Act, and later the interpretation of that mandate by the United States Supreme Court in the case of Olmstead v L.C.

The suit has gone through several phases and many participants. While other states settled similar cases, the Ohio state defendants twice sought (unsuccessfully) to have the case dismissed on jurisdictional grounds, resulting in two published court opinions and an appeal to the United States Court of Appeals for the Sixth Circuit.

Four trial dates were set and then vacated by the court, and several court initiated, monitored, or mediated settlement negotiations were unproductive. The most recent was in 2004 when a settlement proposal tied to the ill-fated ICF/MR waiver proposal of the Taft administration was ultimately withdrawn by the plaintiffs, after the state defendants withdrew their support for a class based settlement. A court appointed special master determined in 2005 that the class should remain certified and that OLRS attorneys remain as class counsel.

OLRS views the proposed agreement as an important step forward in implementing the Olmstead decision in Ohio . The settlement will provide much needed services in the community to those individuals with mental retardation and developmental disabilities who have waited years to receive them. If approved by the Court and implemented by the state, it will defer the need for further litigation on this issue over the life of the settlement.

The written details of the settlement are still being drafted. United States District Judge Edmund S. Sargus, Jr. issued an order vacating the October 23rd trial date and giving the parties 30 days to finalize a written settlement.

Notice of the settlement will then be provided to class members and other interested parties. A fairness hearing must be held before final approval by the Court.

You can find more information on the Martin v. Taft lawsuit at http://olrs.ohio.gov/asp/Martin.asp

Ohio Developmental Disabilities Profile and Funding for Individual Options Waiver: Frequently Asked Questions and Answers

OLRS has produced a new booklet for adults and children with disabilities who receive services, or have applied to receive services, through the Individual Options (IO) Waiver. The Ohio Developmental Disabilities Profile (ODDP) is a new assessment tool being used by county boards of mental retardation and developmental disabilities (MRDD) to decide how much funding for services each IO Waiver holder will receive. The booklet explains how the ODDP works, advises IO Waiver holders how to assure a fair assessment, and highlights rights implications for children.

The new OLRS booklet is available now online on the agency web site at http://olrs.ohio.gov, and will be available soon in print.

November 7 is Election Day

Are you ready to vote?

Democracy is not a spectator sport

The saying “Democracy is not a spectator sport” appears everywhere this election cycle, in speeches, news articles and online political blogs. The saying is popular but the words are not new, spoken first in the early 1980s by the great children’s rights advocate, Marian Wright Edelman. The late President Ronald Reagan owned a tie embroidered with the saying; he gave copies of the tie as gifts to his fellow politicians.

Spectators no more

It was during that time, in 1982, that Congress added Section 208 to the Voting Rights Act of 1965 assuring people with disabilities the right to assistance at voting places from a person of their choice. In 1984 Congress enacted the Accessibility for the Elderly and Handicapped Act requiring voting places to be physically accessible to people with disabilities.

A long wait for voting rights

The 15th Amendment to the U.S. Constitution assuring people of all races the right to vote was ratified in 1870. The 19th Amendment assuring women the right to vote was ratified in 1920. Forty years have passed since the Voting Rights Act of 1965 became law, and 20 years have passed since the first laws were enacted to protect the voting rights of people with disabilities. Do these legal rights reflect the reality at voting places on Election Day? Are people with disabilities no longer merely spectators of their own democracy? People with disabilities have come far, but some voting places in Ohio are still physically inaccessible, and some state election policies continue to discourage people with disabilities from voting.

Don’t be sidelined

Democracy is not a spectator sport. Be ready to vote this year on November 7.

Voter Checklist

You can do a lot in the days before and on Election Day to protect your right to vote. Use the following Voter Checklist to make sure you are ready to vote on Tuesday, November 7.

Answer the first eight questions now, and the last eight questions when you go to the polls on Election Day.

If you answer NO to any questions, follow the suggestions to change your answers to YES.

Answer these questions BEFORE Election Day:

Circle Y for YES or N for NO.

1. Did you get your notification card from your County Board of Elections?

If you answered NO, you may not be registered to vote. You should have received your card in the mail by September 11. Call your county Board of Elections, or the Secretary of State’s Office, as soon as possible to check if you are registered to vote.

2. Do you have an acceptable form of identification to vote on Election Day?

If NO, you should get an acceptable form of identification to take with you when you vote. Acceptable forms of identification include:

• A current and valid driver’s license

• A state photo identification card

• Your military identification

• A copy of your utility bill, bank statement, paycheck, government check, or other government document showing your name and current address (for example, a benefits eligibility letter from the Social Security)

Your registration notification card from your county Board of Elections is not an acceptable form of identification.

Even if you cannot find an acceptable form of identification before Election Day, you still have the right to vote with a provisional ballot (see Question 16), if you can tell the poll worker the last four digits of your Social Security number, or if you sign an affirmation swearing that you are who you say you are.

3. Have you told your County Board of Elections of any changes in your personal information since the last election?

For example, changes in your name, address, your signature, or the way you sign your name (for example, report if you used to write your name but now you use a stamp or make a personal mark).

If NO, call your County Board of Elections, or the Secretary of State’s Office as soon as possible to report your changes. If you do not report changes in your personal information, you may have delays at the voting place, or you may have to use a provisional ballot (see Question 16) on Election Day.

4. Do you plan to vote at your voting place on Election Day?

If NO, you have the right to vote by absentee ballot as long as you apply before the election in writing to your County Board of Elections. You do not have to give a reason why you want to vote by absentee ballot. To get an absentee ballot, you must do one of these two things:

1. Apply to your County Board of Elections by mail or by fax before noon on Saturday, November 4, or

2. Apply in person at your County Board of Elections during business hours on Monday, November 6.

You must return your marked absentee ballot so that your County Board of Elections receives your ballot before voting places close at 7:30 PM on Election Day. Special rules apply to members of the uniformed services or Ohioans living overseas. Call your County Board of Elections for more information.

5. On Election Day, will you be living in the community—not in a hospital or other facility—and be able to go to your voting place?

If NO, because you are now in a hospital or other facility, or because you think you will be in the hospital or other facility on Election Day, you still have the right to vote. Talk with the social worker, case worker or client rights officer at the hospital or facility as soon as possible.

The social worker, case worker or client rights officer should make arrangements for you to go to the local voting place on Election Day, or should contact the local County Board of Elections, or the County Board of Elections of your residence, to arrange for ballots to be delivered to you at the hospital or facility. If the facility is not helping you to vote, call Ohio Legal Rights Service.

6. Are you your own guardian with no court-appointed legal guardian?

If NO, because you have a legal guardian appointed by a probate court, you still have the right to vote as long as you are registered to vote.

7. Do you know where your voting place is?

If NO, call your County Board of Elections to ask where your voting place is.

8. Can you walk to your voting place, or do you have your own transportation to your voting place on Election Day?

If NO, call your local Democratic or Republican party headquarters or other community organization for help getting to your voting place on Election Day. If you know that you will need transportation on Election Day, call for help several days before Election Day.

Answer these questions ON Election Day:

Circle Y for YES or N for NO.

9. Is the building where you vote accessible, and can you get to the voting booths?

If NO, because the building is not physically accessible to people using wheelchairs or to people with some disabilities, call your County Board of Elections right away.

The law says that your County Board of Elections must make sure that voting places and voting booths are accessible. Also, call the Secretary of State’s Office and Ohio Legal Rights Service to tell them that your voting place is not accessible.

10. When you get to your voting place, are you able to leave your car to enter the building to vote?

If NO, because you are not able to leave your car because of your disability, you have the legal right to vote from your car. This is called curbside voting. Call ahead to the voting place where you are assigned to vote, or call your County Board of Elections, and ask for a poll worker to meet you at the curb with your ballot.

11. Are you able to vote by yourself at your voting place on Election Day?

If NO, you have the right to have help to cast your vote at your voting place on Election Day. You have the right to bring a person of your choice into the voting booth. This person cannot be a political candidate, a labor union worker, or your employer. You also have the right to have two poll workers help you in the voting booth. They must keep your votes private.

You also have the right to bring any printed materials and any assistive technology device with you into the voting booth.

12. Are you able to sign your own signature with a pen?

If NO, and you sign your name with a mark, or you use a stamp or other assistive device to sign your name, you have the right to sign your name on the voters’ signature poll book as you normally sign your name.

Your mark or signature on Election Day must match your mark or signature on your voter registration record. If there has been any change in your signature since you registered, or you sign your name in a different way, or with a different device, call your County Board of Elections before Election Day and let them know of your change.

Even if your signature does not match your voter registration record, do not leave without voting. You still have the right to vote by a provisional ballot (see Question 16).

13. Have you been allowed to sign the voters’ signature poll book without any questions or challenges by the poll workers?

If NO, because someone at the voting place has questioned or challenged you about your eligibility or your qualification to vote, you only have to answer questions or challenges by official poll workers. Ohio law says that only official poll workers are allowed to question or challenge you. No one else is allowed to question or challenge you about your age, your Ohio residence, and your U.S. citizenship. Ohio law does not allow anyone at the voting place to question or challenge you about any other information.

14. Did the poll workers accept your answer to their questions or challenges?

If NO, because the poll worker did not accept your answer and will not allow you to vote, do not leave without voting. You still have the right to vote by provisional ballot (see Question 16).

15. Did the poll worker allow you to sign the voters’ signature poll book and go to a voting booth, even though they know or they think they know you have a disability?

If NO, do not leave without voting. No one may deny you your vote, or require you to have another person with you when you vote, because they know or they think that you have a mental illness or mental retardation or some other disability. Do not leave the voting place. If the poll workers deny you your vote because they know or think that you have a disability, call Ohio Legal Rights Service from the voting place, right away.

16. Did the poll worker bring you to a voting booth, and did you vote by a regular ballot, with no problem?

If you answered NO, because the poll workers did not allow you to vote for any reason, do not leave the voting place. For whatever reason they did not allow you to vote, whether right or wrong, you still have the right to vote by a provisional ballot, with help to mark the ballot if you want help. Your provisional ballot will be counted within three days after Election Day, if your County Board of Elections finds you eligible and qualified to vote. Contact your County Board of Elections to learn whether your provisional ballot was counted, if not why not, and how you may appeal the decision.

If you answered NO, because your ballot looks pre-punched, marked or tampered with in any way, do not cast your vote and call your County Board of Elections, the Secretary of State’s office, and Ohio Legal Rights Service from the voting place, right away.

If you answered YES to all 16 questions, congratulations. You have voted successfully. If you answered NO to any questions, return to the suggestions given or contact one of the organizations listed below for more assistance.

Election Information

Secretary of State’s Office

614-466-2655, 614-466-0562 tty

•

County Board of Elections,

call the Secretary of State’s office

•

Ohio Legal Rights Service

800-282-9181, 800-858-3542 tty

On Election Day, OLRS will have a Voter Hotline available

to assist people with disabilities with any questions

or problems about voting.

The Hotline will be answered from 6:30 am to 7:30 pm

on Election Day, November 7, 2006.

Call toll-free: 1-800-282-9181

People First of Fairfield County and Fairfield MRDD host regional forum on self-advocacy

—John Bosser

The tagline on the logo of People First of Fairfield County reads “people speak out.”

That’s exactly what they did at the first Fairfield County Regional Forum on Self-Advocacy on Sept-ember 25. Jointly hosted by the county’s newly-formed People First chapter and the Fairfield County Board of Mental Retardation and Developmental Disabilities, the meeting at the Fairfield MRDD Opportunity Center was attended by self-advocates from host Fairfield, Athens and Pickaway counties, as well as representatives from state, county and city government.

“We were very fortunate to have great attendance at the event,” said Christine Brown, owner of Brown-Cooley Associates in Self-Determination and the event’s organizer. “More importantly, we were able to communicate our wants and needs to the elected officials in attendance.”

Kenneth Ritchey, director of the Ohio Department of MRDD, gave the keynote address and told attendees that the face of services and supports has changed dramatically in the last several years, especially in the number of people enrolled on Medicaid waivers. He also recognized the advancement of the self-determination movement.

“I’m delighted that you have become organized, and that the changes have brought us all together,” he told the gathering.

Topics for discussion ranged from increased opportunities for transportation and employment to barriers to obtaining health insurance.

Resources available at OCALI for no charge

The Ohio Center for Autism and Low Incidence (OCALI) is a federally funded project serving as a statewide clearinghouse for information about autism spectrum disorders (ASD), traumatic brain injuries (TBI), multiple disabilities and assistive technology (AT). OCALI provides services to both parents and educators and is under the direction of the Ohio Department of Education’s Office for Exceptional Children. OCALI’s services include:

• A media library with books, videotapes and DVDs available for loan;

• A Web site that provides original Web casts on relevant topics, fact sheets, articles and links to other online resources;

• Family supports and resources, including training and informational guide;

• Professional development activities; including training and topical conferences;

• Technical assistance on comprehensive program development and implementation, functional behavior assessments, and child-centered planning;

• Activities related to the use of technology and AT to improve the performance of students.

For more information about OCALI and its resources, visit www.ocali.org; e-mail: ocali@ocali.org; (866) 866-2254; (614) 410-0321

Ohio State 4th Annual

MH/MR Conference

Mental Health Aspects:

Treatment & Support

November 6-7, 2006

Columbus Marriott North

Columbus OH

For more information and registration, visit: www.thenadd.org

Butler County MRDD Program and Butler County Quality Co-op present David and Faye Wetherow, Consultants & Trainers from CommunityWorks, Parkville, British Columbia .

• Person-Centered Planning: Extending our Reach & Deepening Our Skill, Nov. 13, 9:30-3:30

• Working Together: An Introduction to “Microboards” and Other Cooperative Ways to Arrange Support for Vulnerable People, Nov. 14, 9:30-4:00

• At the End of Our Rope: Finding Ways through Conflict that Threatens Support for Vulnerable People, Nov. 15, 9:30-4:00

Free to those who live in Butler County or work for Butler County MRDD; $20 per day for others. For more information, contact: Trish Musnuff, (513) 867-5914, trishm@butlermrdd.org

To learn more about the presenters, visit: www.communityworks.info

Career Opportunities for Students with Disabilities (COSD)

New tool for college students with disabilities to attain the career of their choice

Students can register and upload resumes to be seen by COSD member employers, and browse job opportunities on the COSD Career Gateway.

A disability won’t get students a job interview—qualifications will. At COSD, graduates with disabilities get a foot in the door. By posting their resume on the national database, they’ll have peace of mind knowing employers are ready and willing to recruit and hire them.

Connect with COSD on line: cosdonline.org

The National Endowment for Financial Education (NEFE) is an independent, nonprofit foundation committed to educating Americans about personal finance and empowering them to make positive and sound decisions to reach financial goals. They have developed guides with specific focuses in partnership with many organizations. The guides are available from the collaborative partners for free or at a nominal charge.

A few of the guides are outlined below. For an entire listing visit: www.nefe.org collaborative programs, special situations.

Possibilities: A Financial Resource Book for Parents of Children with Disabilities

Opens with a letter to parents, listing primary challenges and emphasizing that three things are required to obtain needed assistance: the right information, a positive attitude, and patience. This is a support and reference document for parents taking the initial steps toward dealing with the financial realities of their children’s special needs. PACER Center : www.pacer.org

Finding Financial Independence : A Guide for Young Adults with Disabilities

Emphasizes each individual’s right to self-determination. Topics include: using a checking account, developing a spending plan, saving money, and finding a job. Special considerations related to a disability are discussed, including accessible housing, transportation, vocational rehabilitation, assistive technology, disability laws and community and government resources. United Cerebral Palsy Association: www.ucp.org

On the Move: A Financial Guide for People with Spinal Cord Injury

Covers basic financial issues in adjusting to an injury, establishing a modified lifestyle, and preparing for long-term goals. Concise text covers issues such as Paying for Medical Care and Equipment and Starting an Income Stream. Paralyzed Veterans of America and National Spinal Cord Injury Association: www.pva.org; www.spinalcord.org

Online tool provides IEP writing assistance...

Wrightslaw Game Plan: Smart IEPs

Tutorials and checklists to help parents and teachers write effective Individualized Education Programs (IEPs) with measurable goals and objectives.

Offering a walk-through of IEP writing, this tool provides help in areas such as identifying a child’s unique needs, and constructing specific, relevant, achievement-based goals.

All information is free. You can even download relevant chapters from Wrightslaw: From Emotions to Advocacy.

http://www.wrightslaw.com/info/iep.goals.plan.htm

More Than a Mom: Living a Full and Balanced Life When Your Child Has Special Needs

—2006, Amy Baskin and Heather Fawcett

This book is a lifeline of information and advice for mothers who have children with developmental or physical disabilities, mental health or learning issues, or chronic medical conditions. It addresses the universal concerns and questions of mothers who experience the added intensity of raising children with disabilities.

This guide looks at the challenges they face, with special attention paid to:

• Staying healthy both physically and emotionally

• Nurturing interests and goals

• Strengthening your marriage

• Maintaining friendships, keeping organized

• Seeking flexible work options

• Changing careers or starting a business

• Finding specialized daycare

• Advocating for your child

Also useful for husbands, family, friends, support organizations, and service providers.

487pp. $18.95 plus S&H. Woodbine House, 6510 Bells Mill Rd., Bethesda, MD 20817 (800) 843-7323; www.woodbinehouse.com

Children with Visual Impairments: A Parents’ Guide

—Edited by M. Cay Holbrook, Ph.D., Second Edition, 2006

This revised and expanded edition is filled with jargon-free, compassionate information and advice on children from birth through age seven.

It introduces the new educational concept of “expanded core curriculum,” comprised of nine key areas of learning that will prepare children with visual impairments to become independent and productive adults:

• What is visual impairment

• Medical issues, treatments and professionals

• Adjusting to your child’s visual impairment

• Your child’s development

• Daily and family life

• Early intervention and education

• Orientation and mobility

• Children with multiple and visual disabilities

• The years ahead

Chapters include statements from parents who share lessons they have learned along the way.

380 pp. $18.95 plus S&H. Woodbine House, 6510 Bells Mill Rd., Bethesda, MD 20817; www.woodbinehouse.com; (800) 843-7323

Special Education: A Parent’s Guide for Children’s Success

—2006, Michael T. Bailey

The first rule of good advocacy is to stop believing that your child is “special.” That makes people feel like they are guests in the real world. Guests with an invitation that is revocable at will. Our kids are not guests. They belong here. They have the right to expect an education and a life that will make them happy, independent, proud and valued.

The complex web of laws, regulations, personalities and stresses, combined with anxiety over raising a child with a disability, have made special education advocacy an impenetrable maze to many parents.

This book presents the complexities of the process in a simple-to-understand way and offers practical tips, checklists and strategies on how to make the system work to insure the educational success of all children.

It is a good starting point for parents who need to know about IEPs, extended school year, assistive technology, inclusion, problem solving and conflict resolution. The glossary includes a list of acronyms and common jargon.

Bailey uses anecdotes from his own life with his daughter who has Down syndrome to show advocacy in action—the good, the bad and the ugly. These illustrations make the information easier to understand and remember.

253pp. $21.95. Publish America , PO Box 151 , Frederick , MD 21705 ; www.publishamerica.com

2nd Annual

Pathways to Employment

A statewide conference to promote community employment, services, programs and opportunities for Ohioans with disabilities

December 3-5, 2006

Hyatt Regency Hotel

Columbus , OH

Registration: $150 per person

includes all meals. Scholarships

available for people with dis-

abilities and family members.

HOLD THE DATE...December 7, 2006

Including People with Disabilities in Emergency Planning

This forum will address how people with disabilities can be included in emergency planning, and promote conversation among emergency managers, organizations operating shelters, and the disability community.

Who should attend: Those providing planning prior to an incident, first responders, shelter staff, and people with disabilities.

Guest Presenter: Hilary Styron, Director for the National Organization on Disability’s Emergency Preparedness Initiative. In mid-September 2005, she led the Special Needs Assessment 4 Katrina Evacuees (SNAKE) Teams to the Gulf Region in response to Hurricane Katrina. Results from this report are being used to increase emergency preparedness for people with disabilities across the country and in new legislation currently before the U.S. Congress.

Location: Columbus State Community College

Center for Workforce Development

Fourth Floor Conference Center

315 Cleveland Ave.

Columbus , Ohio 43215

Fee: No charge but pre-registration is required.

Please call 614-287-5997.

Request accommodations needed to participate in the conference.

Sponsored by: Columbus State Community College ’s Center for Workforce Development

Cosponsored by Ohio ’s DD Network Partners: Ohio Legal Rights Service; Ohio Developmental Disabilities Council; Ohio State University Nisonger Center UCEDD; and University of Cincinnati UCEDD

For more information visit: www.olrs.ohio.gov/ASP/CSCCEM.asp

The Emergency Management Community Forums are funded by a grant from the Columbus State Community College, Development Foundation, Inc.

DD Quarterly can be viewed at www.ddc.ohio.gov or can be requested from AXIS in large print or on audiocassette.

Please pass this copy to others who might benefit from it. If you or someone you know, would like to receive this publication, at no charge, please contact AXIS.

Toll free in Ohio , v/tty:

(800) 231-2947

In central Ohio , v/tty:

(614) 262-8124

Fax:

(614) 267-4550

E-mail:

axiscenter@aol.com

AXIS STAFF

Sue Willis, project director

Vince McGuire, photographer

Kelley Femia, designer

Beth Kramer, writer/editor

Shari Veleba, writer

Kim Ryan, audio recording

Joyce Talkowski, assistant

Donna Kinney, assistant