DD Quarterly is a newsletter published by the Ohio Legal Rights Service (OLRS) through a grant from the Ohio Developmental Disabilities Council to bring disability issues and accomplishments to the attention of Ohioans.
Copyright © 2007
Content may be reprinted upon request.
Some links on this page are to documents created in Adobe® Portable Document Format (PDF). To view and print PDF documents, you need to have Adobe® Reader®, a free software program, installed on your computer. Download Adobe® Reader®
DD Quarterly is produced by the Ohio Legal Rights Service (OLRS) through a grant from the Ohio Developmental Disabilities Council. Copies of this newsletter can be requested from OLRS in large print. If you would like to receive this publication, at no cost, please contact OLRS.
Ohio Legal Rights Service
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923
Voice phone: (614) 466-7264 or (800) 282-9181 (Toll free in Ohio)
TTY phone: (614) 728-2553 or (800) 858-3542 (Toll free in Ohio)
Fax: (614) 644-1888
Email: newsletter@olrs.state.oh.us
Website: www.olrs.ohio.gov
The Ohio Developmental Disabilities Council is a group of 35 people, appointed by the governor, who plan and advocate for Ohioans with disabilities. ODDC receives federal funds and distributes those funds by awarding grants for projects and activities that create visions, influence public policy, pilot new approaches, empower individuals and families, and advocate system change.
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.
Ohio Developmental Disabilities Council
8 East Long St., Suite 1200
Columbus, Ohio 43215
Voice phone: (614) 466-7264 or (800) 282-9181 (Toll free in Ohio)
TTY phone: (614) 728-2553 or (800) 858-3542 (Toll free in Ohio)
Fax: (614) 644-1888
Website: www.ddc.ohio.gov
In March 2007, the Ohio Developmental Disabilities Council (ODDC) and The Arc of Ohio hosted "The Time for Action is Now," a disability public policy legislative event. Nearly 300 people attended the event, which took place at the Renaissance Hotel in downtown Columbus. The event brought together advocates and policymakers to discuss the importance of legislative advocacy for disability issues.
Gary Tonks, Executive Director of The Arc of Ohio, led the opening session, entitled "A New Direction," and members of People First of Ohio highlighted the advocacy tone of the event through a creative presentation of balloons. Colette Adams introduced an advocacy tool from the Family Support Council, which she encouraged advocates to share with legislators and other policymakers. Joan Thompson from The Arc of Ohio concluded the introductory speeches, followed by a panel of agency representatives.
The panel included Greg Maloney (Ohio Department of Education), John Martin (Ohio Department of Mental Retardation and Developmental Disabilities), and Erika Robbins (Ohio Department of Job and Family Services). Each spoke on the future direction of disability issues as they pertain to each agency, from both policy and funding perspectives. All encouraged event participants to support the proposed budget and to work together to get the budget approved. They stressed that advocates do make a difference. A lively question and answer session followed with advocates asking questions to each of the panel participants.
Throughout the event, the issues that resonated most with attendees were those that promoted independence and inclusion — the promise of the Martin v. Strickland class action settlement (and the 1,500 new Individual Options waiver slots it guarantees), Money Follows the Person and Medicaid Buy-In. These and other issues were covered in the breakout sessions that rounded out the first day. These sessions were conducted by representatives from state agencies and organizations, including a two-part training session, "Advanced Training in Legislative Advocacy," presented by Bobby Silverstein. Mr. Silverstein, a nationally recognized advocate, is the Director of the Center for the Study and Advancement of Disability Policy in Washington D.C.
In the evening, a Legislative Reception was held. This networking event gave advocates an opportunity to meet and informally talk with legislators and policymakers.
Throughout the two day event, advocates stepped into action. Using the information and advocacy tools they received at the event, advocates visited legislators to educate and inform them on disability-related issues important to them and their families.
At noon on the second day, the advocates gathered on Ohio's Statehouse lawn to rally in support of state budget initiatives that would benefit thousands of Ohioans with disabilities.
David Zwyer, Executive Director of the ODDC, kicked off the rally by urging advocates to "reach out." Speakers that followed did too, urging the crowd to reach out to their legislators, to their community, and to each other.
Gary Tonks encouraged all to tell their story and advocate. "Everyone on this lawn has a personal story," said Tonks, emphasizing the influence of those stories on the advocacy effort. "We learned how to tell that story. This Governor now knows that the disability community speaks as one."
The rally was a favorite part of the event for many participants. "It hits you right here the most, in the heart," said Mike Riggle, a member of People First of Ohio.
After the event, Tonks expressed that he was "just extremely pleased that the majority of people participating were people with disabilities and their families, and that the audience was a cross section of Ohio. We believe we reached virtually every area of Ohio, and we're pleased with the success of the event, and our cooperation and partnership with the Ohio Developmental Disabilities Council and all the other advocacy organizations."
Zwyer was also pleased with the success of the event, saying, "Over the years we have tried many different approaches for legislative events. We believe that this year's approach and timing of the event, as developed and implemented by Gary Tonks and The Arc was our best effort to date. We will strive to make next year's event even better!"
By Michael Scholl, Chairman of ODDC
Spring has arrived and once again I am forced to face the stark reality that last year I did not fix the bare patches in my yard, or plant new bushes in front of the house, or prepare the raised flower bed my wife has been requesting for years. While my intentions have always been good, my success rate has left much to be desired. Nevertheless, with each new spring, hope and good intentions are renewed.
The above could just as well describe past efforts to enact change within the disability system. Despite the best intentions on the part of our leaders and policymakers, the success rate for change has left much to be desired. Perhaps, however, spring is also upon us within our system. A new Governor, a new Director of the Ohio Department of Mental Retardation and Developmental Disabilities, and a new General Assembly all combine to create the potential for improvement. Already, the new General Assembly has re-introduced the Medicaid Buy-In bill and, coupled with the Martin settlement, this is clear evidence that change is afoot. Director Martin's positive message and outlook, plus his clear roadmap to simplify an overly complicated system, reinforces the hope that real change is near, as does Governor Strickland's focus on the needs of all Ohioans.
Now is the time for advocates to act. Real opportunities for change do not often present themselves as they are presented now. Our leaders and policymakers are looking to us for guidance and assistance. We must act now to achieve our goals for a better disability system for all Ohioans. We must work together, and we must speak with one voice. It is time to patch the bare spots and to create new flower beds. Do not let another season pass; seize the opportunity.
The Ohio Developmental Disabilities Council (ODDC), in an effort to take a more affirmative approach to achieve systems change for people with developmental disabilities, has developed and approved a public policy platform. The platform identifies ODDC's priorities, describes positions, and provides a clear blueprint for ODDC members and staff to follow when working on policy issues.
ODDC used its existing committee structure to provide input about specific policy concerns. Each committee was asked to identify important policy issues to help define the most pressing needs for change. The individual committees shaped their recommendations around the ultimate goal of enabling people with developmental disabilities to exercise self-determination, independence and productivity through integration and inclusion in all aspects of community life. The information and issues provided by the committees created the foundation for the priorities included in the platform.
ODDC plans to use this policy platform to guide their advocacy efforts and to educate and inform members of Ohio's General Assembly and other statewide policymakers about issues that are important to Ohioans with disabilities and their families.
Among the important issues that the committees identified were formal supports, transportation, housing, education, early intervention and family support. Below are some of the issues from the Public Policy Platform, as developed by each committee:
To see the entire ODDC Public Policy Platform document, go to: http://ddc.ohio.gov/Pub/Platform.pdf.
By Carrie Massie, CAO of Scioto County, Inc.
Dental care has often been cited as Ohio's foremost unmet health care need. For a person with a developmental disability, the problem of finding a dentist is even more difficult. Barriers include the unwillingness of dentists to accept Medicaid patients, the discomfort of dental staff working with people who have unfamiliar conditions or non-routine behavior, and the expectation of more time for individual office visits. The Community Action Organization (CAO) Center for Dental Wellness in Portsmouth, with funding from the Ohio Developmental Disabilities Council, is addressing these issues. Through the Regional Dental Replication Project, individuals with developmental disabilities, minorities, and the underserved are receiving oral health care. The target area for services includes: Adams, Jackson, Lawrence, Pike and Scioto counties.
The CAO Center for Dental Wellness began this initiative on December 12, 2001. Since that time, the center has treated over 700 patients with special needs. Comprehensive services include prevention, restoration, emergency treatment, oral surgery, periodontal treatment, and prosthodontics.
Surveys are given to patients and their family members following their first visit. The dental staff often receive positive feedback, for example: "The dentist is a very good person and is very nice to me." "My son hates going to the dentist, but was very relaxed due to the care the staff showed."
The dental center has waged an aggressive outreach and public relations campaign aimed at consumers and dentists. Staff has made presentations and distributed fliers and brochures in English and Spanish. A brochure promoting dental access was given to dentists throughout the state and included an endorsement from the Ohio Dental Association.
Community involvement is a hallmark of CAO's services. Each quarter, dental assisting students from the local vocational school, and dental hygiene students from Shawnee State University participate in clinical rotations at the dental center. As a result, these students receive training in delivering services to people with disabilities.
Dr. James Kadel, DDS, the director of Dental Hygiene at Shawnee State, audits patient charts. In a recent report he noted, "The CAO Center staff should be highly commended for encouraging patients with multiple disabilities to continue with their dental treatments." His remark describes the goal of the dental center to promote dental care for patients with unique needs.
Advocates for equal access to dental care, like those in Portsmouth, believe that regional models like this can be developed and replicated in order to resolve non-clinical barriers to access for people with disabilities, an underserved and often unserved population.
There has been much debate about the use of the term "mental retardation." As a result, some agencies and organizations have taken the term mental retardation out of their official name and their publication titles, and have begun using the term "intellectual disabilities" or "developmental disabilities."
However, some agencies and organizations maintain the term in their name because mental retardation is in federal and state entitlement laws, including Medicaid. Also, mental retardation is a recognized condition that, when diagnosed by a medical professional, provides individuals eligibility for specific rights and benefits.
Those individuals who promote or have already made the name change feel that the term mental retardation is stigmatizing and prone to abuse and misinterpretation; it has devolved into an insult, especially among people with disabilities and their families. They feel that just like the outdated terms used before mental retardation, such as idiot, imbecile, and feebleminded, mental retardation should be replaced with a more accurate and modern term. Diane Mairose, a member of People First of Ohio, recently expressed her feelings about the term: "I just want to say that the word, 'retardation' is a very bad stereotype. It's been used for way too long. It's a word that hurts people. It doesn't say who we really are."
Those not wanting to change the name feel that it is more important to change attitudes. They contend that if attitudes don't change, it doesn't matter what name you use. In an interview on National Public Radio, Nancy Ward, a prominent self-advocate, expressed her feelings about many of the prospective names that have been suggested over the years. For example, of the term "mentally challenged," she said "I think it's just another label. Because what does that mean? How does that define us? It doesn't define us."
As Ward's feelings show, the difficulty may lie in public perception. Dr. Richard Garnett, a former president of the American Association on Intellectual and Developmental Disabilities, objected to his organization changing their name from the American Association of Mental Retardation. According to him, simply changing the name is "selective paternalism" that, in the long run, misses the point: "Stigma and discrimination is what people object to, not words."
There are those who think that a change in terminology is a strong step in the right direction. Ohio is joining the growing list of states in the effort to change terminology at state and local levels. The Ohio Association of County Boards of Mental Retardation and Developmental Disabilities is urging Governor Strickland to drop the term "mental retardation" from the agency name of the Ohio Department of Mental Retardation and Developmental Disabilities. According to the Association, there are six local developmental disabilities boards in Ohio that have dropped the term mental retardation from their board name. In addition, there are two other boards changing their name soon and another ten discussing the possibility of a name change.
Names, terminologies, and attitudes change over time. Is now the time for another name change or is now the time to change attitudes?
The following individuals voiced their opinions on this issue during the ODDC and The Arc Legislative Event.
"Mental retardation ... when I hear it, I feel like a dummy and I am not a dummy. We just have a disability. When I hear the words, I get goosebumps all up my arms and want to go to a corner and cry because I feel like I got hurt. All my life people say you can call me names and I'd like for people to quit saying that." — Linda Kunick
"Essentially, I prefer the term developmental disabilities because that is what my son wants it called. He likes that better. I think mental retardation really is antiquated — almost everybody else has gone to DD." — DeAnna Horstmeier"
"I feel it should be changed because the word mental retardation hurts you in the mind and heart. — Mike Riggle"
"When I would take my son around and introduce him to people or say I have a son with a developmental disability, they would not know what was wrong with him. So I would say he had mental retardation, they got a clue. When I would say he had Down syndrome, then it really narrowed it down ... I would rather spend my time making people with "mental retardation" and the word be a good thing and mean a positive thing rather than trying to continually change the wording for what we use for people." — Joan Thompson"
"I do not like the word retarded ... I am not that ... the word should be disabilities." — Troy Moore"
The Ohio Developmental Disabilities Council (ODDC) is seeking nominations for two advocacy awards: the Elsie D. Helsel Professional Advocacy Award, and the Ray Jones Volunteer Advocacy Award. The recipients will be announced at ODDC's Annual Conference in September.
The advocacy awards will honor outstanding individuals who have worked in professional or volunteer settings to improve the lives of people with developmental disabilities and their families. People with disabilities, family members, advocates, service providers, and others are eligible for the awards. Nominations must be made in either the volunteer or professional category. The selection committee will give preference in the volunteer category to a person who has a disability.
Each honoree will be recognized at a luncheon and will receive a $250 contribution to the organization of his or her choice.
For information about the nomination process, visit the ODDC website at www.ddc.ohio.gov or contact Pam Carter at (614) 644-5538 or pam.carter@dmr.state.oh.us. Nominations must be postmarked or received at the ODDC office by Monday, July 16, 2007.
Elsie D. Helsel was appointed as the first chair of the ODDC and served as a member for more than 25 years. Throughout her lifetime of commitment, she conducted research, wrote grants, educated legislators, mentored professionals in the field, served on state and national boards and committees, and authored many publications.
Ray Jones, after retiring from the Ohio Rehabilitation Services Commission, volunteered on many committees and organizations, including the Statewide Independent Living Council, the Columbus Mayor's Advisory Committee, the Ohio Olmstead Task Force, and the Solidarity Conference.
The Strickland Administration unveiled the 2008-2009 Executive Budget with a pledge "to live within its means and to invest in what matters." The Governor's Turnaround Ohio plan focuses on a balanced budget, job creation, education and affordable health care. The Executive Budget limits spending to 4.4% over fiscal year (FY) 2007, and according to the Office of Budget and Management, the slowest growth in 42 years.
Highlights of the Executive Budget for education, healthcare and human services initiatives include:
The Executive Budget also makes cost saving recommendations totaling over $730 million in Medicaid spending. Many of these savings will come from improving the program's operating efficiency.
Most state agencies will see little in terms of state dollar increases. Of the 76 agencies receiving GRF appropriations, 16 will receive a cut in FY 2008 and 9 in FY 2009 (including a slight cut for Ohio Legal Rights Service). Twenty-two agencies in 2008 and 31 in 2009 will be flat funded. Fifteen agencies in 2008 and 11 in 2009 will receive an increase of between 0-3%. Twenty-three agencies in 2008 and 25 in 2009 will receive increases of more than 3%. For the biennium as a whole, 11 agencies will receive less money in 2009 than they did in 2007, with 20 agencies receiving flat funding from 2007 to 2009.
In late March, the Executive Budget was introduced in the House of Representatives as House Bill (H.B.) 119. Shortly thereafter, the bill was referred to the House Finance and Appropriations Committee.
From late March to late April, the full Finance Committee and its standing subcommittees will conduct hearings. Near the end of the hearings, the chairperson of the Finance Committee will instruct the Legislative Services Commission (LSC) to draft amendments or a substitute bill that will make extensive changes to the bill as introduced. The substitute bill will be considered and amended in full committee, reported, and sent to the House floor for third consideration.
After the House passes H.B. 119, it will be introduced in the Senate. From early May to as late as mid-June, the Senate Finance Committee will hold hearings on the bill. At some time during the Senate process, LSC staff is once again asked to prepare amendments or a substitute bill. The bill is then considered and amended in full committee and passed by the Senate.
Since it is very unusual for the House to concur with the Senate amendments to the budget bill, a Committee of Conference is necessary. Conference committee hearings usually take place over a period of at least two weeks and longer if necessary. The conference committee must work out differences to the two passed versions and prepare a committee report to submit to the House and Senate.
If both houses agree to the conference committee report, the act is quickly enrolled so that it can be reviewed by the appropriate executive agencies and signed by the Governor.
All of the above activity must be concluded by midnight, June 30, 2007, the end of the state fiscal year. If a two year budget is not completed by June 30th, the state would have to operate on an interim budget for a period of time specified.
It may have been a busy day on Capitol Hill, but that didn't stop Ohio's federal representatives and senators from meeting personally with members of the Ohio Developmental Disabilities Council (ODDC) and others during their visit to Washington, D.C. in March.
Disability advocates met with several members of Congress to provide valuable information and input on issues such as reauthorization of the Developmental Disabilities Bill of Rights Act, the State Children's Health Insurance Program (SCHIP), wages for direct support professionals, and other changes to federal laws that would impact people with disabilities and their families.
Both U.S. Senators and their legislative staff met with advocates to discuss a variety of federal legislative issues. Senator George Voinovich personally met with ODDC member Cynthia Walker to discuss the importance of the SCHIP program and the need for a meaningful wage for direct support staff.
Advocates who visited Senator Sherrod Brown's office were happy to learn of his support for improvements to the Social Security Administration. One advocate in the meeting was able to describe her experience in getting disability determination issues resolved, which has taken more than a year.
On the U.S. House side, advocates were able to meet with Representatives Mike Turner, Steven LaTourette, Zack Space, Steve Chabot, Dave Hobson and staff members for Pat Tiberi and Ralph Regula. Informational packets were delivered to each of the remaining offices of the House.
ODDC members were in Washington D.C. to participate in the annual National Disability Policy Seminar, co-hosted by The Arc of the United States, United Cerebral Palsy and the National Association of Councils on Developmental Disabilities and other national disability organizations. The seminar was held on March 4-6 at the Hyatt Regency on Capitol Hill with more than 600 advocates and leaders from the disability community in attendance.
During the three day public policy conference, attendees were trained on leading public policy trends in housing, education, employment, transportation, family support, the federal budget, Social Security, Medicaid and Medicare, civil rights, voting, long-term care insurance and many other issues.
U.S. Senator Kent Conrad was present to receive a lifetime achievement award from The Arc of the United States.
By John Romer, Cincinnati
Ray Jones was truly "an advocate's advocate," very well known for his drive and passion on behalf of all people with disabilities in the Columbus area, throughout Ohio and across the country. He retired from working for the state of Ohio and since that time he had "chosen to devote my life to making my community accessible."
Ray Jones was a longtime member of the Ohio Developmental Disabilities Council and widely recognized for his frequent visits to the Ohio State House and the Ohio Department of Mental Retardation and Developmental Disabilities. He also served on the Columbus Advisory Committee on Disability Issues and many other committees and organizations to which he dedicated his time, talent, and energy.
Ray was instrumental in the development and continuation of the very successful bi-annual conference called "Solidarity," which will be held May 30 - June 1, 2007 in Columbus.
Ray Jones was a driven man of many words, always eager to have his viewpoint expressed. His booming voice could often be heard coming from the back of a committee meeting room to accentuate or highlight a point being made. Recently, a local advocate credited Ray with encouraging her agency to move their administrative offices to a fully accessible building to welcome ALL people served by the agency as well as ALL visitors!
Ray Jones leaves behind his son Jerry and many friends, colleagues and admirers. He will surely be missed and his legacy of courageous, active advocacy will be left behind for those of us challenged to carry on his good work.
The Ray Jones Memorial Fund has been established for individuals in need of environmental modifications with no other funding source available to them. Anyone can donate to the fund at any Park National Bank branch, or send to:
Delaware Creative Housing
c/o Ray Jones Memorial Fund
437 Dunlap St.
Delaware, Ohio 43015
This is a tax deductible contribution and these funds are restricted for this sole purpose.
Date of conference: May 30 - June 1, 2007
Hosted by: Disability Network of Ohio - Solidarity, Inc. and the Ohio Developmental Disabilities Council
Where: Hyatt Regency Hotel, Columbus
For more information, call (866) 765-2007 or visit www.dnos.org.
By Roz Parrish, Associate Director, University of Cincinnati UCEDD
The University of Cincinnati, University Center of Excellence in Developmental Disabilities (UCEDD) partially supports an innovative Therapeutic Interagency Preschool (TIP) Program. The preschool model is designed to serve low-income young victims of abuse with developmental and behavioral problems from severe high-risk families, and who have home/school placement issues. The program operates as a year-round, interagency, home- and center-based therapeutic preschool program integrating child welfare and protection, Head Start, and mental health resources. The mission of TIP is to: 1) ensure and monitor the continued safety of the child's environment, 2) provide intensive preschool mental health services, 3) enhance cognitive development and 4) provide family support.
Currently, TIP exists in six sites across four counties in Ohio serving approximately 110 preschoolers and their families who have open cases in Children's Services Departments. TIP programs have operated in Hamilton and Butler Counties for 17 years, with one program located within the Division of Developmental and Behavioral Pediatrics at Cincinnati Children's Hospital Medical Center (CCHMC). TIP programs, with partial funding for training and technical assistance from the UCEDD at the CCHMC, have also been replicated in Clermont and Lake Counties.
Referrals to TIP are initiated by Children's Services Departments where the child's caseworker completes an initial screening. Specific services provided through the TIP model include: child assessment, diagnosis and treatment, home-based parent and sibling services, center-based classroom services, transportation, and interagency treatment coordination and case management. For all children in TIP, there is daily monitoring of the home situation; weekly phone calls or visits with a parent and face-to-face contact with mental health staff; and at a minimum, a monthly home visit and case review and planning.
To measure the outcomes of interventions provided through the TIP model, baseline data are obtained when children enter the program. The data are collected again at one year from the start of interventions. The following improvements were observed in children who received one year of TIP services. These outcomes are based on the results of 168 children in fiscal year 2006:
Through minor agency policy changes, the model is cost neutral with each of the three major contributing agencies (Children's Services Department, Head Start, and Mental Health) spending essentially the same amount per family or child as they would typically spend on traditional single-agency delivered services. The funding structure for each county is individualized, and each financially committed agency contributes to the TIP pool of money. The pool of money is used for the unique, interagency TIP staff salaries and expenses. In addition, the CCHMC Childhood Trust, Department of Psychiatry, and Division of Developmental and Behavioral Pediatrics provide administrative leadership, model dissemination and oversight for adherence to TIP Quality Assurance Service Guidelines.
For additional information regarding the TIP model, contact Jane Sites, LSW, EdD at jane.sites@cchmc.org.
By Paula Rabidoux, Ph.D., Nisonger Center, UCEDD
The Nisonger Center at The Ohio State University serves as a resource to people with developmental disabilities, government agencies, and non-profit organizations in the areas of education, research, and service. Nisonger creates programs designed to meet the needs of Ohioans who have intellectual and developmental disabilities. Many of these programs fill gaps in community services and have strong training, technical assistance, or research components. Nisonger is one of 67 University Centers of Excellence in Developmental Disability (UCEDD) located in every state and U.S. territory. Dr. Steven Reiss is the director of the Nisonger Center.
Four goals guide the Nisonger Center's mission:
Some of the programs that the Nisonger Center supports are:
For information about Nisonger's programs, contact Kim Oyer at (614) 292-8365.
Giving back to the community is something many people desire to do. Todd Gatewood, a member of Ohio Developmental Disabilities Council who uses assistive technology, gives back to his community by volunteering his time as a coach — currently, he is an assistant coach for the Hopewell Special Olympics Basketball "A" Team in Coshocton, Ohio.
Gatewood enjoys the experience, remarking, "Being a coach is a way of participating in a sport that I love." To help players improve their game, Gatewood searches the Internet for coaching strategies, and also studies game film, which helps him identify the team's strengths and weaknesses. Gatewood also supports the team by helping out a lot with fundraising, notes Head Coach Mike Baker.
Gatewood said there is nothing he doesn't like about coaching: "At times it gets stressful, especially getting ready for tournaments and state, but what gets me through those times is seeing how bad the players really want to do their best to win and advance to the next level."
"The coaches and players listen to what I have to say about plays and any ideas I come up with," Gatewood reports. His suggestions must be effective: the A Team has won the regional title for the last three years, and earned a silver medal this year, placing second in the state championship.
Gatewood looks forward to next year and states that, "Next year will be our year for the gold!"
by Sadie Hunter, Executive Director, People First of Ohio
People First of Ohio held its annual conference on March 3, 2007. Over 300 advocates attended, representing all areas throughout Ohio. Linda Kunick (President), Nicole Heimbrock (Vice President), Lindsay Brillhart (Secretary), Tia Braun (Treasurer), and Jane Trajanovski (Sergeant at Arms) welcomed all with hugs and handshakes as each advocate entered the Roberts Convention Centre in Wilmington, Ohio.
The meeting began with Linda telling about her life. She said that she felt that she was once a caterpillar and now she has become a butterfly with all the experiences she has had through People First. Linda's presentation was the inspiration for the theme of the conference, "Butterflies are Free, Why Aren't We?"
Joellen Hunter (Advocacy Director) led training about Adult Day Services. Included in the training were two delightful skits to help the audience understand the importance of choice in Adult Day Services. One skit, performed by Nicole and other board officers, was about an advocate's journey in her search for her choice of a Day Service Provider. Sadie Hunter (Executive Director), along with Lindsay, performed another skit about a person who five years ago chose to receive services from an ICF/MR (intermediate care facility for the mentally retarded) and now wanted the choice of Day Services. However, she was told that she did not have a right to this choice.
The main business discussion focused on how advocates wanted to be board members with voting rights on their county program of Mental Retardation and Development Disabilities (MRDD). Mike Rich, Chairperson and Vice President of the Cuyahoga People First Chapter, shared his experiences with his letter writing campaign to his local board. He told about the explanations he received on why a person with a disability can not be on a county board. The advocates at the meeting made a motion to meet with the newly appointed Director of the Ohio Department of MRDD, John Martin, to see how this could be changed. The Ohio Provider Resource Association and The Arc of Ohio will support People First on this issue.
Advocates of People First were very excited to report about an upcoming project. The project will make the wishes of four advocates' come true by helping them move into the community from a Developmental Center, ICF/MR, nursing home, or other place they do not want to live. The advocates moving out will be helped with making informed choices and with all aspects of the move. People First hopes to move more self-advocates, but to make this a reality, the organization needs money and partnership from other organizations.
Other important topics discussed at the conference included that advocates of People First:
The Ohio Developmental Disabilities Council (ODDC) announces the availability of funds to help emerging artists with disabilities move to a higher level of artistic career development. Funding may be used to develop skills and buy materials necessary to begin marketing art for profit.
Awards will be from $2,000 to $12,000. Applications must be received by May 25 at 5:00 p.m. For-profit and non-profit organizations and individuals in Ohio who are committed to promoting artists with disabilities are encouraged to apply.
Artistic disciplines may include, but are not limited to: dance, writing, design, painting, choreography, photography, architecture, videography, playwriting, sculpture, poetry, jewelry, music and web design.
Applications are available on the ODDC website: www.ddc.ohio.gov. For more information, contact: Bettie Meadows at bettie.meadows@dmr.state.oh.us, or at (800) 766-7426. Applicants will be notified by June 29, 2007 of the grant review panel results.
Artists with disabilities ages 16 - 25 can submit their artwork for an art competition, called "Driven," sponsored by VSA arts and Volkswagen of America, Inc.
Art must be an original work that has been completed in the last three years. Eligible types of artwork include: paintings, drawings, fine art prints, photography, computer-generated prints, and mixed media and must be presented in two dimensions.
Fifteen finalists will be awarded a total of $60,000 during an awards ceremony on Capitol Hill, Washington D.C. in September 2007. The artwork will be displayed in a nationwide touring exhibition that debuts at the Smithsonian. The deadline to submit artwork is July 6.
For additional information and to download an application, visit the Driven website at www.vsarts.org/PreBuilt/showcase/gallery/exhibits/vw/2007/, call (800) 933-8721 extension 3885, or send an e-mail to jenniferw@vsarts.org.
In March, the Columbus Chill Youth Hockey Association (CCYHA) announced the expansion of its hockey program to include the formation of a new team for athletes with developmental disabilities. CCYHA is partnering with the American Special Hockey Association and USA Hockey to provide children and young adults who have developmental disabilities with the opportunity to play ice hockey in an environment adapted to each athlete's level of physical and mental ability. Team play will begin in late April and the program will offer spring, summer, and fall sessions at the Chiller Ice Facilities in Columbus. Players can register on-line at www.ccyha.org. For more information, send an email to DCAPPS@specialhockey.org or visit the American Special Hockey Association website at www.americanspecialhockey.org.
The Ohio Developmental Disabilities Council needs your help in determining the need, if any, for changes in public policies that govern the delivery of dental health services. If you are a person with a disability or a family member of a person with a disability, please take the time to complete this survey. Download the survey from page 16 of the PDF version of this newsletter.
The Ohio Department of Job and Family Services Director, Helen Jones-Kelley, announced that Ohio received a $100 million "Money Follows the Person" federal grant. Money Follows the Person is a system of flexible financing that enables Medicaid funds that pay for a person's services in a nursing home or other institution to be used instead to pay for services in the community. Medicaid funds move with the individual from the institution to the community — thus the name, Money Follows the Person.
While the first year of this grant has been designated for planning purposes, several working committees have already been formed to begin those planning efforts. It is anticipated that over the next five years, about 2,200 seniors and persons with disabilities will move from nursing homes, intermediate care facilities for people with mental retardation, and hospitals, to homes and receive services in their communities.
Future issues of the DD Quarterly will report on the progress of this important grant.
The Ohio Visitability workgroup, a group of statewide advocacy partners, is working together to promote the need for Visitability legislation in Ohio. Although discussions and planning for this potential legislation are still in the early stages, the goal of the workgroup, over the next six months, is to gain legislative sponsorship for a Visitability bill.
By mandating specific construction standards, Visitability legislation will ensure that all single family homes built with public funds will be accessible. Costs associated with making new homes visitable have proven to be minimal if implemented during initial construction.
Visitability is not a new concept. Legislation was passed in Atlanta in 1992 and in Toledo in 2005. To make Visitability a reality in all Ohio communities, the workgroup needs help. The workgroup is asking advocates and agencies to write letters of support for Visitability legislation. These letters will be collected and presented to key senators, representatives and Governor Strickland. Please send your letters, as soon as possible, to Sue Hetrick at shetrick@abilitycenter.org or c/o Ohio SILC, 670 Morrison Rd, Suite 200, Gahanna, Ohio 43230.
Sue Hetrick, a long time advocate who is spearheading the Ohio Visitability workgroup, believes that Visitability construction helps people of all ages and all abilities to live in their homes more comfortably, more safely, and longer. "Visitability is another common sense, low financial impact approach to public policy that could improve the lives of many Ohioans," Hetrick voiced.
Editors' Note: Several Ohio communities have undertaken emergency preparedness for individuals with disabilities and their families. In this issue, Lucas County's experiences are featured. Future issues will focus on what southwest Ohio and Delaware County are doing to prepare for emergencies.
The journey into emergency preparedness for people with disabilities in Lucas County began after Hurricane Katrina. Several staff of the Lucas County Board of Mental Retardation and Developmental Disabilities (LCBMRDD) participated in the massive efforts to train and mobilize local Red Cross volunteers. Following their experiences with the Gulf Coast disaster, John Hoffman, Family and Community Supports Coordinator, and Carole Simms, RN, Service and Support Specialist, put their emergency management training and skills to use at the LCBMRDD.
Hoffman and Simms, along with other staff who had assisted in the disaster, began to focus on emergency preparedness for individuals served by the county board and its employees. An agency-wide Emergency Response Committee was created.
Using a Red Cross survey tool, the Committee surveyed all board facilities for potential use as a special needs shelter. The Committee determined the best shelter site, and gathered staff volunteers who will support the Board's clients at this shelter during an emergency. Volunteers have been encouraged to participate in Federal Emergency Management Agency (FEMA), Red Cross, and other related trainings. Disaster preparation is now considered when staff develop Individual Service Plans with clients.
LCBMRDD Committee members have also expanded preparedness efforts beyond the county board. Hoffman contacted the Mental Health Board which resulted in both boards joining efforts to prepare clients and employees for emergencies. Karen Durniat-Suehrstedt, the All Hazard Coordinator for Behavioral Health for 18 northwest counties notes, "the Board of MRDD deserves credit for leading the pack on disaster preparedness. Other areas can learn from the Board's understanding of the issues, commitment, planning and experiences."
LCBMRDD Committee members participate on the County Emergency Management Agency's Special Needs Committee, and the All Hazard Regional Plan Committee. Since 2005 the LCBMRDD has been a grant supporter for the Emergency Response & Crisis Management for school safety.
The LCBMRDD's Emergency Response Committee has established practical goals:
The LCBMRDD Committee plans to invite people with disabilities to participate as members. As Hoffman emphasizes, "they are the ones we are planning for. They need to be at the table."
SAVE THE DATE!
September 18, 2007
10 - 4 p.m.
Hyatt Regency, Columbus
Parents, other family members, educators and service providers are invited to ODDC's Annual Conference "Mapping the Future: Broadening Visions of Options for People with Disabilities." Registration costs $30 and includes all materials and lunch. Scholarships will be available.
After May 1, 2007 look for additional information on ODDC's website: www.ddc.ohio.gov or contact: AXIS Center at (614) 262-8124 or at axiscenter@aol.com
OLRS is implementing a program designed to secure gainful employment, achieve financial stability, and secure affordable health care for people with disabilities in 31 of Ohio's counties. The federal Social Security Administration (SSA) has designated OLRS as a Work Incentives Planning and Assistance (WIPA) program serving beneficiaries of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
OLRS' Executive Director Michael Kirkman noted, "Equal opportunity and access to employment continue to be denied to many individuals. Adults who wish to work and students transitioning to employment can face discrimination or lowered expectations which result in unemployment or underemployment. Daily and changing obstacles can make the leap to gainful employment challenging."
Among adults with disabilities of working age, ages 18 - 64, nearly three out of ten (32%) work full or part-time, compared to over eight out of ten (81%) of those without disabilities. The more severe the disability, the less likely a person is to be employed. (National Organization on Disability/Harris Poll, 2000)
OLRS intends to provide both planning and assistance services in the targeted counties:
Art Schlesinger, an advocacy supervisor at OLRS, has been designated as the team leader for the new WIPA program at OLRS. Schlesinger stated that "SSA beneficiaries will have equal opportunities to become gainfully employed at a sustainable wage with affordable health care. The addition of the WIPA program strengthens OLRS rights protection on behalf of individuals with disabilities who want to work."
The WIPA services are provided in 31 western and northern counties. OLRS joins two other Ohio WIPA programs, the Center for Vocational Alternatives and the Legal Aid Society of Greater Cincinnati, to cover the entire state. WIPA programs replace the former SSA-funded Benefits Planning, Assistance and Outreach (BPAO) projects.
For information, contact OLRS at (800) 282-9181 or (614) 466-7264 (voice), or (614) 728-2553 or (800) 858-3542 (TTY) or visit the website at http://olrs.ohio.gov/asp/wipa.asp.
On March 5, 2007, a hearing was held before Judge Sargus of the United States District Court for the Southern District of Ohio in the Martin v. Strickland class action law suit. The purpose of the hearing was to decide if the Consent Order agreed to between the class representatives and the defendants, was fair to the class members. Later that day the judge issued an opinion and order approving the settlement and signed the Consent Order.
Prior to the hearing, OLRS filed a motion on behalf of the Plaintiffs demonstrating that the Consent Order was fair, reasonable, and adequate. In its motion, OLRS assured the Court that the due process rights of class members had been protected in the best manner practicable and that Plaintiffs had published notice of the settlement terms in various ways, thereby giving class members ample opportunity to object.
While only a handful of people objected to the terms, most of those were not covered by the terms of the agreement (they were not in "need of services in the community"). Two letters were from individuals who appeared to want waiver services.
As part of the hearing, Judge Sargus read one of these letters. With compelling sincerity and simplicity, the individual wrote what he wanted: "A ... release from the nursing home! My own apartment....My own food....My own [S]ocial [S]ecurity check."
The Consent Order that Judge Sargus approved states that the Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD) and the Ohio Department of Job and Family Services must request 1,500 state funded Individual Options (IO) waiver slots to be included in the executive budget for fiscal years 2008 - 2009. These slots will be for class members who choose to receive MRDD residential services in the community. No less than 200 of those slots will be available to class members in Intermediate Care Facilities for the Mentally Retarded; 80 will be available for class members in nursing facilities; the remainder will be allocated under a formula to be developed by the Director of ODMRDD. That formula must take into consideration the class members' status on the waiting list maintained by the county. A nonbinding survey of all class members residing in facilities will allow the state to plan better for future waiver development.
In the "as introduced" version of the budget bill, the Strickland administration included almost $35 million for the Martin settlement. During testimony given on March 27, 2007, OLRS urged the General Assembly to allocate funds for the 1,500 waiver slots. Testifying before the House Finance Human Services Subcommittee, OLRS emphasized that the Martin settlement was "a reasonable compromise for both sides of the case."
If the Ohio General Assembly appropriates the funding contained in Ohio's operating budget bill, 600 slots will be available in 2008 for class members who choose to receive MRDD residential services in the community and 900 slots in 2009. OLRS will receive $150,000 as reimbursement for the direct costs of the litigation.
The proposed agreement will provide much needed services in the community to those individuals with mental retardation and developmental disabilities who have waited years to receive them. Plaintiff and class member, Nancy Martin, who passed away late last year, made the following observation, "I want control over my life. I've had depression when I had no control. I'm excited about the lawsuit for other people, too. I pray we won't lose the lawsuit. I pray all the time that we won't lose the lawsuit. I'm proud of the lawsuit and want people to know about it."
If the Executive Budget as proposed is approved, 1,500 more individuals with disabilities will have control over their lives and the ability to choose where they live in the community.
By Julianne Johnson, OLRS Disability Rights Advocate
Recently I was thinking about my annual visit to the optometrist. I'm one of those people who has needed glasses for most of my life. The optometrist has a basic idea of what my visual impairment is, does some initial tests, then puts this big machine in front of me. The challenge is to find the best correction for my sight. My optometrist asks me, "which is clearer: A or B, B or C, C or D?" Eventually we arrive at the best correction for my sight, and I get glasses.
It struck me that a similar process is called for when we serve individuals with disabilities. The "lens" we must use is the integration mandate: services must be provided in the most integrated setting appropriate to a person's needs. Public entities (and all of us for that matter) should test each recommendation with "which is most integrated: A or B, B or C, C or D?" until we arrive at the most integrated option for that individual. We can't stop at A or B - if my optometrist did that, my vision would always be blurry and I would stop using her services.
If at all possible, we should arrive at what people without disabilities have. I will always need glasses, and my vision can't be fully corrected to 20/20. But I expect my optometrist to get as close as possible. We owe people with disabilities nothing less.
The Martin v. Strickland case came down to the issue of giving people with disabilities the choice and opportunity to receive services in normal, integrated settings. I've worked on that case at OLRS since its beginning.
I remember meeting Nancy Martin, Claude Martin, Kathy R., and later Warren B. and others, and hearing their stories and their struggles to move to places where they could choose where they live, who they live with, who provides their services, and what they do with their lives. Some have achieved these dreams; many others have not.
My dream is that one day, as a field, all of us will use the integration lens in our recommendations for, and provision of services to all individuals with disabilities. I hope that the Martin case has moved that day forward. I believe that it has.
OLRS has been conducting discovery in the case against the Ohio Department of Job and Family Services (ODJFS), including depositions of county Healthchek coordinators, ODJFS employees and the review of numerous documents. OLRS has filed a motion with the court to ensure access to all information needed to represent the class. OLRS has also been working with ODJFS on a possible settlement of the case.
This case began on October 26, 2005, when OLRS filed a lawsuit in federal court against ODJFS on behalf of children in Ohio who are eligible for Medicaid and are not able to access necessary services through Healthchek, Ohio's Early and Periodic, Screening, Diagnostic and Treatment (EPSDT) program.
EPSDT is Medicaid's comprehensive and preventative child health program for individuals under the age of 21. It is designed to address physical, mental, and developmental health needs through screening services to detect physical and mental conditions, and to provide diagnostic and treatment services. Any Medicaid service must be provided if medically necessary, even services that the state has chosen not to provide to adult Medicaid recipients.
On December 21, 2005, OLRS filed a motion with the court asking for the case to be certified as a class action. A class action is a lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common interest. Any judgment in a class action benefits all of the members of the class. The motion has not been decided.
Through this lawsuit, OLRS is working to ensure that the Healthchek program in Ohio complies with federal Medicaid requirements and that all children in Ohio who are eligible for Medicaid have access to the services they need.
OLRS recently published the latest edition of its Closer Look series. This booklet, Trauma Informed Treatment in Behavioral Health Settings, examines the impact of violence and trauma on children and their behavioral health treatment.
The publication reports that, from a national perspective, there has been an increased attention focused on the devastating, long term effects of violence and trauma on children and adults. The booklet references children in Ohio who have been removed from their homes and families because they have been raped, molested, beaten, neglected or witnessed domestic violence. These children enter the behavioral health system battered, traumatized, angry, depressed and exhibiting behavioral problems.
This publication advocates for trauma informed treatment services for Ohio's traumatized children. A trauma informed treatment service system is described, in the booklet, as one that acknowledges the impact of violence and trauma on children's lives and the importance of addressing trauma during treatment.
Blended throughout this easy to read and understand booklet is Juna's Journey. Juna, while fictional, represents the thousands of Ohio children who are victims of violence and trauma. Juna's stressful journey typifies the struggles children encounter as they weave in and out of the social services system.
This publication is available at http://olrs.ohio.gov/asp/trauma.asp or you can receive a free copy by calling (800) 282-9181. A list of more publications, including the Closer Look series is available at http://olrs.ohio.gov/asp/PubsByTopic.asp.
In Ohio, four entities comprise the Developmental Disabilities Network Partners. These Partners are funded by the Administration on Developmental Disabilities (ADD), which is the U.S. government organization responsible for the implementation of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. ADD encourages collaboration among the DD Partners. Ohio's DD Partners are: the Ohio Developmental Disabilities Council, Ohio Legal Rights Service, and two University Centers for Excellence in Developmental Disabilities: Nisonger Center and the University of Cincinnati, University Center of Excellence in Developmental Disabilities. This DD Quarterly Newsletter reflects ongoing collaboration among Ohio's DD Partners.
The OLRS 2006 Annual Report is now available on the OLRS website at http://olrs.ohio.gov/ASP/AnnualReport.asp. The Annual Report highlights specific priorities within the agency's diverse programs. In addition, the report presents information about client demographics and provides an overview of the more than 200 case problem areas (barriers to services and rights violations) that confront people with disabilities as they assert their human, civil and legal rights.
The last section of the Annual Report describes some of the individual legal and systemic cases that the agency was involved in over the past fiscal year. OLRS is pleased with the opportunity to share this report with the agency's clients, their families and other stakeholders throughout Ohio.
OLRS was awarded the contract from the Ohio Developmental Disabilities Council to publish this newsletter, the DD Quarterly. In our first issue, OLRS tried to create a balance between articles that covered policy, legislation and budget themes with those articles that focused on ODDC activities, reports from other agencies and organizations, and human interest stories. There are also articles detailing resources for people with disabilities and their families and upcoming event announcements.
We highly value your opinion and are interested in your feedback. Please take some time to let us know your thoughts about our inaugural issue. Some questions to consider are:
Please send your comments via email to: newsletter@olrs.state.oh.us.
The editor of the DD Quarterly welcomes articles, suggestions or other pertinent information from our readers, although we cannot promise to publish everything submitted. Information should be timely and relative to Ohio's developmental disability systems. The editor reserves the right to reject articles and save articles for a future date. The editor also reserves the right to edit the information for grammar, spelling, style and length without changing the intent of the author. Articles can be submitted to Tom Hemmert by mail at OLRS, 50 W. Broad St., Suite 1400, Columbus, Ohio 43215; by email at newsletter@olrs.state.oh.us; or by fax at (614) 644-1888.