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| This program of Parent to Parent advocates for system change and provides health care information to families. |
click: Olmstead Advisory Commission Established
Family
Voices, a national grassroots network of families and friends, advocates
for health care services that are family-centered, community-based, comprehensive,
coordinated and culturally competent for all children and youth with special
health care needs; promotes the inclusion of all families as decision makers
at all levels of health care; and supports essential partnerships between
families and professionals.
Family
Voices, as a family support program of Parent to Parent of Vermont, advocates
for system change and provides health care information to families.
March
14 Early Childhood Day:
Early
Childhood Day at the Legislature March 14, 2003. 9:00am - 3:00pm, Capitol
Plaza Hotel and State House.
Parents
and the general public are invited to connect with early childhood professional
and Legislators to support early care and education programs in Vermont.
Key Note Speaker: Jack Shonkoff, Brandeis University, author of From Neurons
to Neighborhoods
©
Disability
Awareness Day
It's
the 29th Annual Disability Awareness Day sponsored by the Vermont Coalition
for Disability Rights.
Thursday,
Feb 27, 2003, 8am-12pm at the State House.
The
theme of the day is "Nothing About Us, Without Us."
The
day begins with a breakfast with legislators in the State House Cafeteria.
Contact VCDR at 233-6140 or vcdr@sover.net for information.
©
Vermont
Family Voices Heard: Olmstead Advisory Commission Established
The
Americans with Disabilities Act (ADA) was signed into law on July 26, 1990
to provide civil rights protections to individuals with disabilities. The
ADA guarantees equal opportunity for individuals with disabilities in employment,
public accommodations, transportation, state and local government services
and telecommunications.
Following
the passage of the ADA, the Department of Justice issued regulations requiring
state and local governments to administer their programs in the most integrated
setting appropriate to the needs of people with disabilities. Yet
despite ADA requirements, many Americans with disabilities have continued
to experience great difficulty accessing services in their own homes and
communities, even when it is medically appropriate and less expensive than
institutional care.
The
Olmstead Decision
In 1995,
a lawsuit was filed by two Georgia women with mental retardation and mental
illness residing in a psychiatric ward of a state-operated hospital. Although
Lois Curtis and Elaine Wilson both wanted to leave the facility, and state
treatment professionals had deemed them appropriate for community-based
placements, they remained institutionalized until a lower court ruled in
their favor. The women alleged that continued institutionalization was
a violation of their right under the ADA to live in the most integrated
setting appropriate.
In July
1999, the United States Supreme Court affirmed in the landmark Olmstead
Decision that the unwarranted institutionalization of these women, and
of all people of any age with any disability protected by Title II of the
ADA, is a form of discrimination. The Court's ruling includes individuals
who have not been institutionalized, but are at risk of institutionalization
due to a lack of community service.
The
Court explained that segregation perpetuates unjustified assumptions that
people with disabilities are incapable or unworthy of participating in
community life, and also found that institutional confinement severely
diminishes individuals' everyday life activities, including family relations,
social contacts, work, educational advancement and cultural enrichment.
Requirements
for States under Olmstead
The
Court's decision required states to provide community-based services for
persons with disabilities who would otherwise be entitled to institutional
services when: (a) the state's treatment professionals reasonably determine
that such placement is appropriate; (b) the affected persons do not oppose
such treatment; and (c) the placement can be reasonably accommodated, taking
into account the resources available to the state and the needs of others
who are receiving state-supported disability services. The decision encouraged
states to reevaluate how they deliver publicly funded long-term care services
to people with disabilities.
Under
Olmstead, a state is considered to be meeting it's obligations if it has
a comprehensive, effectively working plan for evaluating and placing people
with disabilities in less restrictive settings, and a waiting list that
moves at a reasonable pace and that is not slowed by a state trying to
keeps it's institutions full.
Vermont
and Olmstead Requirements
Prior
to Olmstead, Vermont had already accomplished many important steps in the
direction of community based care, including closing Brandon Training School,
downsizing Vermont State Hospital, lowering nursing home occupancy, and
increased home and community-based services through mechanisms such as
the Home and Community-Based Medicaid Waiver. However, much work
still remains to be done.
Vermont
families often report that their children are receiving far fewer hours
of nursing and/or personal care than allotted, or that children remain
on waiting lists for services. Other families must leave children
in the hospital because care cannot be arranged at home. The Department
of Social and Rehabilitative Services sometimes advises families to place
their children in state custody in order to receive needed services. These
situations do not meet the requirements of law under the Olmstead Decision.
Vermont
Family Voices Make a Difference
Disability
advocates, including Parent to Parent/Family Voices of Vermont, were dismayed
in December 2001 when Vermont was listed as one of only ten states in the
nation not working on an Olmstead Plan to ensure that individuals with
disabilities are receiving services in the most integrated setting appropriate.
Parent to Parent, the Vermont Coalition for Disability Rights (VCDR), the
Vermont Center for Independent Living (VCIL), and many others worked to
pass legislation to require the State of Vermont to create an Olmstead
Advisory Commission.
Parent
to Parent family member Steve Maynard testified before the Vermont State
House Health and Welfare Committee about the four months his daughter Sarah
remained at Fletcher Allen Hospital waiting for home care services to become
available, and the continuing difficulties his family has experienced ever
since in receiving hours allotted.
The
testimony of Vermonters with disabilities and their families was instrumental
in the bill's passage and signing into law June 2002. The Vermont
Olmstead Advisory Commission has been created and is charged with gathering
testimony on barriers that prevent people with disabilities in living in
the most integrated settings, examining existing and needed resources,
and developing a comprehensive effective plan for allowing qualified people
with disabilities to live in integrated settings with minimal waiting lists
for community based services. A status report must be issued annually
to the Governor and Legislature.
We will
keep Parent to Parent families appraised of opportunities for your input
into the work of the Vermont Olmstead Advisory Commission. Your voice
does make a difference.
©
Family Voices
Email Alert Network!
Parent
to Parent and Family Voices of Vermont have been highly successful working
with families to seek change in local, state, and national policies that
provide barriers to family centered, adequate health care for children
with special health needs.
Your
family stories are the key.
Policy
makers respond first and foremost to real people and real situations to
understand what is or is not working for Vermont families.
Family
Voices at Parent to Parent of Vermont is starting an email alert network
to better inform and connect families on what is happening which may affect
our children. If you would like to stay informed, please email us
at p2pvt@partoparvt.org and put "email alert network" in the subject line
and you will be added to the list. You may be as active or quietly supportive
as you like. ©
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