The Arc Baton Rouge Flood Impact August 2016

The Arc BR flood 1
Barry A. Meyer, Executive Director

The catastrophic flooding that inundated the greater Baton Rouge and surrounding areas has had a devastating impact on the children, adults and families we serve, as well as our staff. We are still trying to locate some of them.

Fortunately, we located all of the individuals that we directly support who were forced to evacuate from their own homes or apartments.  All of them have been moved out of shelters and into shared housing with others who were not flooded. Many of those who live with their families were also forced to evacuate. Some are with other family members that were spared.  Some are in area hotels. Others were able to return home once the water subsided. Unfortunately, there are areas that are still flooded. Many staff members have also suffered tremendous losses.

We have yet to locate 2 individuals with I/DD and 11 Direct Support Professionals. Of those we have contacted, 60 were forced to evacuate and lost their homes to the flood.  Most also lost their vehicles.

Three of our program locations totaling almost 41,000 sq. ft. were flooded;

  • Children’s Services Center, the offices and team meeting place for Early Intervention Special Instructors, OTs, PTs and Speech Therapists.
  • Metro Enterprises – Prescott Road 1 of 2 locations where crews and enclaves meet before heading to their work site, for others to meet for community volunteer activities, and where our day habilitation services are provided.
  • The Respite Care Center for children and adults who are in need of short term residence in a home environment, to relieve family from continual care or in an emergency including instances of abuse or neglect.

The Arc BR flood 3The Arc BR flood 4These buildings are located in areas that were mapped as being “safe” from flooding. Like thousands of individuals and businesses in “safe” areas, we did not have flood insurance on these buildings. The maximum water damage coverage we do have is $25,000 per event for ALL property. Repairs and recovery of the Respite Center is a priority because it will provide temporary housing not only for those people we support who are guest in others homes, but for additional folks with I/DD who are still in shelters. We received one estimate for repairs for the Respite Center – the smallest of the three flooded facilities – of $167,000.

The Arc BR flood 2We also lost four mini-vans, a full-size automobile used for community inclusion outings, a box truck used to haul paper for shredding contracts and other recyclable goods, and a fork lift.

We are overwhelmed by the kind words and encouragement from our friends and extended family of The Arc. Cliff Doescher, the Executive Director of The Arc Greater New Orleans, contacted us almost immediately, offering staff volunteers to help with cleanup and repair efforts. A group of ten will be heading here this Friday and a second group of twelve will be in Baton Rouge next Tuesday.

In a traumatic event of this scale, it is important to reestablish “normal” routines as quickly as possible – for the sake of the children, the adults and their families.  As soon as the waters receded, EarlySteps staff resumed seeing children in their homes or other natural settings.  Metro staff worked quickly to re-arrange the space at Dallas Drive to make room and accommodate employees and day services clients from the Prescott Road facility. Teamwork and flexibility have minimized our down-time and expedited resumption of services when and wherever possible.

For those who have “lost everything” returning to normal is a long-term goal. A place to sleep is a more urgent priority.  I had a chance to visit with many of the staff and individuals we support. I asked, “What would be one thing we can do to help you right now?” Tina thought for only a few seconds and replied, “A mattress, so I could have some place to sleep.”

TIM lived with supports in the same home where he grew up. His sister had remodeled it for him recently, updated with bright new furnishings and total accessibility for his wheelchair. By Friday evening streets in Tim’s neighborhood were flooded, and he and Christy, his day worker, could not get out. With the help of the National Guard they were evacuated by boat to a nearby church shelter on Saturday. As the water continued to rise, they were moved to a high school shelter, where they didn’t stay dry for very long. Christy had to push the wheelchair through the water up to a t-building which was on higher ground. She stood in the water for several hours while holding Tim’s wheelchair on the ramp above the water. When the next boat came they were brought to safety at Central Middle School, where they would finally be dry for the night.

The middle school was a nice facility. There were 2 gyms which allowed shelter volunteers to better accommodate elderly folks and those with disabilities in separate areas; however, all the shelter’s cots were already occupied by other evacuees. Tim got very little sleep sitting upright in his wheelchair. Sunday morning he was moved to a cot, and it goes without saying, he fell fast asleep.

In such a chaotic situation, tracking people down between shelters was no easy task; many people were without cell phone service, and land lines and other utilities were failing by the minute. On top of that… Sunday morning brought the workers’ 4th shift change that had NOT happened. Tim’s Friday daytime DSW was still by his side, caring for him, and unable to get back to be with her own family. They had been completely surrounded by floodwaters with no way in or out.

Amy, Supported Living Program Director, had not given up on finding the two and finally tracked them down at Central Middle School. By this time the water had receded and vehicles were able to drive closer to the school. Amy contacted Barry, Executive Director, to go with her to pick them up. They decided to take Barry’s Jeep because it was several inches higher from the ground than Amy’s van.

Words could not describe the excitement on their faces when Tim and Christy spotted Amy and Barry walking into the gym. But after spending time together and becoming new friends, the shelter volunteers hated to see them go. So what, right? They grabbed the garbage bag with Tim’s personal items, thanked the volunteers, said their good-byes and headed for the door.

Unfortunately The Arc’s Respite Care Center had been flooded, so THE go-to shelter in an emergency or crisis situation was not an option. Right away Amy thought of Lynette, who lives in her own place with full supports. Some might say Lynette is non-verbal, but there was no doubt of her welcoming reply when asked if she would be willing to share her home with Tim, indefinitely! She even volunteered her own bed, equipped with side rail and certain to be the most important amenity to Tim. Even in the comfort of his own home, he rarely slept all night. Sunday. . . Tim slept all night.

BETH AND DONNA each lived on their own in the same apartment complex. They were already friends and occasionally went on outings together. On Saturday when the waters rose from the streets and then into the parking areas of the complex, it seeped into Donna’s home first. No worries… her DSW checked in with Beth’s worker who agreed they should head there. It didn’t take long for the water to rise into Beth’s apartment. They called every single emergency number they could find, and learned that first responders and volunteers were already evacuating the complex, building by building. Beth’s apartment was close to the end of the property, and they waited outside, all night, for their turn to be rescued.

Sunday morning brought with it a rescue boat. Unfortunately one could not choose where they wished to be dropped off. Unloading areas were at random places of highest ground, along a street or other high pavement. Now safe on dry land, the ladies were stranded.

Arc BR Supervisor, Natalie, was relieved to get their call for help. In the past she had worked in a neighborhood near Beth and Donna’s apartment complex, and knew her way around the back roads. She found a route that was not under water, and was able to drive right up to where they stood at the side of the road. She drove them to Mary’s house – another friend in supported Living – who had not been flooded.

Fortunately Mary has a 3rd bedroom in her Habitat for Humanity home that she shares with a housemate. She welcomed Beth and Donna as temporary guests; they share a bedroom, and when possible, the 4 of them share workers.

DURING NORMAL TIMES there are more than enough hotel rooms in and around Baton Rouge to accommodate tourists, business travelers, sports enthusiasts and concert-goers. Several employees of The Arc’s Metro Enterprises Employment Program realized the magnitude of flooding and number of people displaced when they began their search for hotel rooms. Saturday night Byron’s mother finally found a vacant room for 2 nights in Eunice, LA; a small town almost 80 miles away. For 2 days they drove from there into Baton Rouge to begin the cleanup phase of their flood-damaged home, and then back again at night.

Their search for another vacant room took them 110 miles away from home to Alexandria, which is considered central Louisiana. Hopefully Byron and his family have found a place to stay that’s closer to home. And much like tens of thousands of other folks, they continue to work together – gutting and cleaning what’s left of their homes – and determined to rebuild and recover.

 

Stakeholders Endorse Lawsuit Challenging the GNETS Program and Hail It as the Brown VS. Board of Education for Students with Disabilities

On August 23, 2016, The U.S. Department of Justice filed a lawsuit against the state of Georgia alleging that its treatment and segregation of students with disabilities in the Georgia Network for Educational and Therapeutic Support Program violates the Americans with Disabilities Act. For years, the Georgia Coalition for Educational Equity has been working vigorously to protect the right of students with disabilities to receive an equal education alongside their non-disabled peers. As members of the Coalition, The Arc of Georgia and The Arc of the United States strongly support this lawsuit.  Read more in the Coalition’s press release here.

Atlanta, Georgia, August 23rd — The Georgia Coalition for Educational Equality (GCEE) strongly supports today’s filing by the United States Department of Justice (DOJ) of a federal lawsuit challenging the illegal segregation and unequal and inferior education provided to the thousands of students with disabilities in Georgia’s Network for Educational and Therapeutic Services (GNETS).  The GCEE is a broad coalition of disability, education, civil rights, juvenile justice, child welfare, self-advocate, and parent organizations advocating for a complete transformation of the GNETS program to provide supports to help all students succeed in their neighborhood schools.

In July 2015, DOJ found that Georgia is illegally segregating students with behavior-related disabilities in the GNETS program, where they are denied opportunities to learn with their peers who are non-disabled and provided inferior educational opportunities.  The GNETS is a statewide network created in 1970 that consists of two dozen centers serving about 5,000 children with at least $70 million in state and federal funds, plus additional locally- and federally-funded services. According to the letter, “[t]he State’s support and development of GNETS has effectively created one placement option for many students with behavior-related disabilities to the exclusion of all others.” The DOJ also found the network’s facilities to be “inferior,” often outdated, and lacking such basic infrastructure as central air conditioning, as well as educational resources such as science labs and libraries, and extracurricular facilities such as gyms and playgrounds. The Atlanta Journal Constitution’s May 2016 investigation found that Georgia’s public schools assign a vastly disproportionate number of black students to “psychoeducational” programs, segregating them not just by disability but also by race. The paper found that 54 percent of students in Georgia’s psychoeducational programs are African-American, compared with 37 percent in all public schools statewide.

“The GCEE has maintained that the Justice Department’s letter of findings created an opportunity for the State to transform their education system into one that supports students in their neighborhood schools. We are disappointed that the State has opted to defend the GNETS rather than work towards the full integration of students with disabilities. The Arc Georgia fully supports this lawsuit and will continue to be involved in the GCEE coalition to ensure the state of Georgia provides a full range of supports for students with behavior-related disabilities in our neighborhood schools,” said Stacey Ramirez, the State Director of The Arc Georgia.

“While we hoped for a voluntary resolution to transform the provision of behavioral-related educational support for students with disabilities and avoid litigation, we strongly support the decision by the Department of Justice to file their lawsuit. The continued segregation of students with disabilities is a shameful and illegal position for the State of Georgia to defend,” said Leslie Lipson, an attorney with the Georgia Advocacy Office, the independent Protection and Advocacy System for people with disabilities in Georgia, a leader in the GCEE.

“Segregating students with disabilities not only is illegal but also leads to poor results,” said Alison Barkoff, Director of Advocacy for the Center for Public Representation in Washington, D.C. and a leader of the GCEE.  “Georgia has a choice: engage in litigation likely to result in a court order to desegregate, or work with the Justice Department and stakeholders to develop a settlement that incorporates best practices and ends illegal and unnecessary segregation of students with disabilities.”

The GCEE hopes that this lawsuit – which seeks to vindicate the right of students with disabilities to an equal education alongside their non-disabled peers – will be the Brown v. Board of Education for Georgia’s students with disabilities.

 

A Conversation with Dr. Brian Armour About Oral Health of People with and Without Disabilities

Patient - teeth checkBrian Armour, PhD is an economist with the Centers for Disease Control and Prevention (CDC). He has spent over 15 years in health services research, including work on helping design the CDC Disability and Health Data (http://dhds.cdc.gov/). We asked Brian to discuss findings from the study he led, entitled “A Profile of State-level Differences in the Oral Health of People with and Without Disabilities, in the U.S., in 2004” (Armour BS, Swanson M, Waldman HB, Perlman SP. Public Health Rep. 2008 Jan-Feb;123(1):67-75).

Why did you want to study state-level differences in oral health of people with disabilities?
While there have been disability-specific studies about oral health, no state-level analysis of the oral health of people with disabilities was available. We wanted to assess the oral health of people with disabilities in each state.

Oral health is as important as other types of health care; and good oral health improves general health, self-esteem, communication, nutrition, and quality of life.

What did you discover?
In the year we observed, people with disabilities were less likely than people without disabilities to visit a dentist or dental clinic. They were more likely to have experienced tooth loss.

Our study showed very different results among states. People with disabilities from Mississippi were much less likely than people with disabilities in Connecticut to have visited the dentist or dental clinic in the last year. Only four percent of people with disabilities in the District of Columbia reported having tooth loss as opposed to almost 19 percent of people with disabilities in Kentucky.

What does this mean for people with disabilities and their families?
It is important for everyone, especially for people with disabilities, to practice good oral health habits, like brushing their teeth regularly and flossing. People who need help finding good oral health habits can visit the “Oral Health” section of the CDC website.

Sometimes, people with disabilities – particularly intellectual or developmental disabilities – need assistance from their families and caregivers to help them practice good oral health. If caregivers need tips on how to promote good oral heath, they can check out “Dental Care Every Day: A Caregiver’s Guide” from the National Institute on Health.

A Conversation with Brian Armour About Disability Prevalence Among Healthy Weight, Overweight, and Obese Adults

Patient-assessors-weist-measure

Brian Armour, PhD is an economist with the Centers for Disease Control and Prevention (CDC).  He has spent over 15 years in health services research, including work on helping design the CDC Disability and Health Data System (http://dhds.cdc.gov/). We asked Brian to discuss findings from the study he led, entitled Estimating Disability Prevalence Among Adults by Body Mass Index: 2003–2009 National Health Interview Survey” (Armour BS, Courtney-Long E, Campbell VA, Wethington HR. Prev Chronic Dis. 2012; 9: E178. Published online 2012 December 27).

In your article, you assess the number of people who are obese, overweight, or healthy weight and who report having a disability. Why do you think it is important to look at whether people who have weight issues also have disabilities?
This information can help public health programs better recognize the need to design obesity prevention and treatment programs that are inclusive of people with disabilities.

What did you find out?
We found that 41 percent of US adults who are obese also reported having a disability. We also found out that mobility limitation was one of the most frequently reported types of disability among people who are obese.

What does this mean for public health programs?
Public health programs should be considering the needs of those with disabilities when designing their obesity prevention and treatment programs. There are many resources public health organizations can use to help make sure that they are thinking of the needs of people with disabilities. Two good resources include the “Disability Inclusion” section on the CDC’s website as well as the Inclusive Community Health Implementation Package (iChip) program run by the National Center on Health and Physical Activity for People with Disabilities (NCHPAD).

Do you have any recommendations for people with disabilities on how to maintain their weight and avoid becoming obese?
Everyone is different, but it is important that we all are physically active, eat better, and talk to a doctor when not feeling well! People who need help keeping a healthy weight can check out the “Healthy Weight” section of the CDC website for tools to use to help maintain a healthy weight.

Is there anything else you want to say?
Identifying health issues that people with disabilities experience is important, but we also need to help improve the health of people with disabilities by promoting inclusion. This means making sure that people with disabilities are included in all aspects of community life—in our gyms, healthy eating programs, walking paths, transportation and more.

What is Disability? The Department of Justice Releases Revised Regulations to Implement the Requirements of the ADA Amendments Act of 2008

On August 10, 2016, the Department of Justice (DOJ) released the much anticipated final rule revising the Department’s Americans with Disabilities Act (ADA) Title II (public services) and Title III (public accommodation) regulations to implement the requirements of the ADA Amendments Act of 20009 (ADAAA). The final rule will take effect on October 11, 2016.

The new DOJ regulations provide significant clarification for who is covered under the ADA. The final rule clarifies that those with disabilities from cancer, attention deficit hyperactivity disorder, learning disabilities, and other conditions should be protected under the ADA.

In addition to clarifying the term disability, the final rule provides a non-exhaustive list in defining major life activities, and adds rules of construction to be applied when determining whether an impairment substantially limits a major life activity.  DOJ states that the goal is to ensure the ADA is construed broadly in favor of expansive coverage, thereby meeting the original Congressional intent.

Although the ADAA is already in effect and applies to all entities covered under Title II and Title III (employment) of the ADA, DOJ’s changes to the regulations will assist in the interpretation and application of the ADAAA. The ADAAA’s provisions regarding the definition of disability will also apply to Title I of the ADA.

The final rule includes clear language that individuals with intellectual disabilities are covered under the ADA and the ADAAA. The analysis in the rule makes it clear the intent of Congress was to protect individuals with I/DD even where a mitigating measure, medication, etc., might lessen the impact of an individual’s disability.

The Arc Commends Department of Justice’s Report on Investigation of the Baltimore City Police Department

Washington, DC – Last week, the Department of Justice’s (DOJ) Civil Rights Division released a report following an investigation into the past conduct of the Baltimore City Police Department (BPD). DOJ concluded that there is “reasonable cause to believe that BPD engaged in a pattern or practice of conduct that violates the Constitution or federal law” by engaging in unconstitutional stops, searches, and arrests; using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches, and arrests of African-Americans; using excessive force; and retaliating against people engaging in constitutionally-protected expression. Among these troubling findings, The Arc noted that the treatment of individuals with disabilities by law enforcement was included in the report, which featured a full section on the use of unreasonable force against individuals with disabilities highlighting that “BPD officers repeatedly fail to make reasonable modifications necessary to avoid discrimination in violation of Title II of the Americans with Disabilities Act of 1990 (ADA).”

Among other things, the investigation recommended that BPD offer crisis intervention training, previously offered to only new recruits, to veteran officers as well. DOJ noted that such training helps officers “identify whether an individual is in crisis or engaging in behavior related to a disability, to interact effectively with people with disabilities, to de-escalate a crisis, and to connect the individual with local resources to provide treatment or support.”

“Far too often, people with intellectual and developmental disabilities are in situations with law enforcement that unnecessarily escalate because officers aren’t trained in crisis prevention or how to recognize and accommodate various disabilities. This is not only happening in Maryland, it is a serious problem nationwide. We have got to flip the script when it comes to law enforcement training so that police departments understand that recognizing and appropriately accommodating disability in the line of duty is not optional, but is a fundamental aspect of their compliance with civil rights laws, such as the ADA. The recommendations in this report should be adopted across the country, so that we can break the cycle of discrimination that many minorities, including people with disabilities, face, and make our communities safer and more just for all,” said Leigh Ann Davis, Director, Criminal Justice Initiatives, The Arc.

The report found that BPD officers “have escalated interactions that did not initially involve criminal behavior, resulting in the arrest of, or use of force against, individuals in crisis, or with mental health disabilities or I/DD, or unnecessary hospitalization of the person with mental health disabilities or I/DD.” These unnecessary hospitalizations often violate the “integration mandate” of the ADA and the landmark Olmstead decision, which require public entities to administer services, programs, and activities for people with disabilities in the most integrated setting appropriate and prohibits unjustified institutionalization of people with disabilities.

“The findings in the report are disturbing. It is particularly painful reading this report on the heels of the 26th Anniversary of the ADA. The Arc Maryland stands ready to assist with necessary training to police officers to appropriately respond to people with I/DD. We urge BPD to implement specialized training and de-escalation techniques as tactics to reform the system and better serve people with disabilities, African Americans, and any other member of the community that interacts with the criminal justice system,” said Poetri Deal, Director of Public Policy & Advocacy, The Arc Maryland.

Steve Morgan, Executive Director, The Arc Baltimore, said: “The BPD is already working with us to extend the crisis intervention training, previously offered to select officers only, to the entire force. We are working together to address the recommendations, expand their knowledge, and improve community relations.”

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or I/DD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with I/DD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. Pathways to Justice utilizes a multi-disciplinary response that provides a foundation for a collaborative approach among community partners.

Read more about The Arc’s take on criminal justice reform and people with I/DD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country, including 11 in Maryland, promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

The Arc’s Statement on Overturning of Brendan Dassey’s Murder Conviction 

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (I/DD) and their families, released the following statement on the news that a judge has overturned the murder conviction of Brendan Dassey:

“This must be a bittersweet ruling for Brendan Dassey and his family. Brendan’s experience has been unique, thanks to Making a Murderer. The documentary revealed to the masses just how easy it is to force a confession from people with intellectual and developmental disabilities.

“My hope is that those following this case will come to realize that our jails and prisons are full of Brendan Dasseys, that false confessions are much more common among those with intellectual and developmental disabilities, and that there is something we can do about it to prevent future injustice.

“Police officers, investigators, attorneys, correctional officers, and others are not adequately trained to identify people who may have an intellectual disability or how to accommodate their needs, and this is especially critical during interrogations. We still have a long way to go to bend the arc of justice when it comes to fair and just treatment of people with disabilities in the criminal justice system. The Arc is committed to revealing the many forms injustice takes in their lives, and working with those in the system to fix it,” said Leigh Ann Davis, Director, Criminal Justice Initiatives.

While people with intellectual and developmental disabilities comprise 2% to 3% of the general population, they represent 4% to 10% of the prison population. Those accused of crimes they did not commit often face the greatest injustice of all, some losing their lives when coerced into giving false confessions. Long before Brendan Dassey’s case hit mainstream media, Robert Perske, respected author, advocate and long-time supporter of The Arc, compiled a list of people with intellectual disability who gave false confessions to begin documenting these otherwise hidden-away cases.

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or I/DD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with I/DD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. NCCJD is building the capacity of the criminal justice system to respond to gaps in existing services for people with disabilities, focusing on people with I/DD who remain a hidden population within the criminal justice system with little or no access to advocacy supports or services.

Read more about The Arc’s take on criminal justice reform and people with I/DD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

Charles Kinsey, a direct support professional for people with intellectual and developmental disabilities, was shot in a situation involving one of the individuals he served, Arnaldo Rios. Following this incident in North Miami, Florida, our network was shocked by how this situation needlessly escalated. Then the news broke that the officer involved in this shooting had the intention of shooting Mr. Rios.

In the aftermath, Mr. Rios has been institutionalized in a psychiatric unit. Below is The Arc’s letter to the Department of Justice supporting an investigation of this case. You can also read our statement here.

 

Rebecca Bond

Chief

Disability Rights Section – 1425 NYAV

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, D.C. 20530

 

Re: The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

Dear Disability Rights Section Chief Bond:
I am writing to offer the support of The Arc of the United States (The Arc) for a letter from Matthew Dietz, the attorney for Arnaldo Rios, calling for the U.S. Department of Justice (DOJ) to investigate the North Miami Police Department and the State of Florida.

 
Mr. Rios is an individual with autism who was recently institutionalized in a psychiatric unit following the police’s shooting of his behavioral therapist, Charles Kinsey. Following the shooting, the representative for the officer involved stated to the media that the intention was not to shoot Mr. Kinsey, but to shoot Mr. Rios. Mr. Dietz’s letter, attached here for your reference, calls for the Department of Justice to open an investigation of the North Miami Police Department for its actions and statements involving Mr. Rios and Mr. Kinsey as well as the State of Florida for its failure to provide appropriate community placement to Mr. Rios following the incident. The Arc strongly agrees that such an investigation is necessary and warranted.

 
With nearly 700 state and local chapters nationwide, The Arc is the largest national community-based organization advocating for and serving people with intellectual and developmental disabilities (I/DD) and their families. The Arc promotes and protects the civil and human rights of people with I/DD and actively supports their full inclusion and participation in the community throughout their lifetimes. Through our National Center on Criminal Justice and Disability, we seek to build the capacity of the criminal justice system to respond to gaps in existing services for people with I/DD, ensure appropriate accommodations are provided via the Americans with Disabilities Act, and provide necessary trainings for law enforcement, attorneys, and judges on how to recognize various intellectual and developmental disabilities and how to appropriately interact with individuals with such disabilities.

 
When individuals with I/DD become involved in the criminal justice system as victims, witnesses, suspects, defendants, or incarcerated individuals, they face fear, prejudice, and lack of understanding. As was apparent in this case, law enforcement personnel often lack accurate and appropriate knowledge to apply standards of due process in a manner that provides justice for individuals with I/DD. In addition to improving the quality and prevalence of police training, The Arc supports a community-based crisis management system model, which includes time-based protocols for in-home responses and options for acute placement and is proven to reduce critical incidents, failed placements, and re-admission to psychiatric facilities for community-based clients.
Further, The Arc’s position, strongly supported by Olmstead v. L.C., 527 U.S. 581 (1999), is that individuals with I/DD deserve the opportunity for a full life in their community where they can live, learn, work, and socialize. To achieve this goal, they need a comprehensive, person-centered and directed, national system of appropriate high quality long-term supports and services, with a reliable and immediately accessible funding source, including Medicaid, and a well-trained, fairly compensated workforce of providers and direct support professionals. The prevalence of people waiting for services and supports is an unacceptable national crisis. It is not only a choice but also a basic civil right that individuals have adequate and appropriate supports and services needed for them to live in the community. Services must be delivered promptly in the most integrated setting and with sufficient quality and quantity to meet individual needs.

 
Neither Mr. Rios nor Mr. Kinsey did anything to warrant the police shooting that occurred. Thankfully, Mr. Kinsey survived the shooting and has been released from the hospital. Unfortunately, due to untreated trauma and a severe lack of appropriate community placements, Mr. Rios remains institutionalized in a psychiatric unit, isolated from the community.

 
The Arc is deeply troubled by the actions of the North Miami Police Department against Mr. Rios and Mr. Kinsey, the State of Florida’s failure to find community placements for individuals with I/DD who require intensive behavioral therapy, and its policy of reimbursing institutional placements at significantly higher rates than community placements. In light of the above, we urge the Department of Justice to investigate the actions of both the North Miami Police Department and the State of Florida in this matter. It is vital that Mr. Rios secures an appropriate community placement as soon as possible.

 

Sincerely,

 

Shira Wakschlag

Staff Attorney & Special Assistant to the CEO

The Arc of the United States

202-534-3708

Wakschlag@TheArc.org

 

Celebrating Friendship

Sisters Holding Hands[1]By Jennifer Sladen, Program Manager, National Initiatives

In the hope that fostering friendships between people with different backgrounds, countries, and cultures would lead to peace by inspiring communities to connect with and better understand each other, the United Nations General Assembly proclaimed July 30th International Day of Friendship. On this sixth International Day of Friendship, let’s take a moment to reflect on how we can support people with intellectual and developmental disabilities (I/DD) to be a part of this drive to make connections and create friendships.

A few years ago, I attended a conference for direct support professionals. Al Condeluci, the CEO of Community Living and Support Services (CLASS) in Pennsylvania and a partner in the Interdependence Network, addressed the room, asking a simple question – “Who is the best friend of the person with I/DD you serve?”

The room was silent. Not because no one knew the answer, but because no one wanted to say the answer.

Dr. Condeluci pressed the group, “Who is their best friend?”

A voice near him spoke quietly, “Me.” Around the room, professionals started nodding their heads in agreement.

Silently, Dr. Condeluci walked back to the center of the room. After a pause, he said, “Being friends with the people we serve is great, but we are not always going to be there. Success is not going to an amusement park and hanging out with people with I/DD but hanging out a seat or two behind the person with I/DD and their friend on the roller coaster.”

All around the room, lightbulbs went off in people’s heads. Hands raised, asking for help and advice on how to make this happen for the people they serve.

Dr. Condeluci’s answer was not complex:

  • Give people the opportunity to form friendships with new people of all abilities, not just the professionals they interact with.
  • Encourage the people you serve to engage actively in the world and with the people around them.
  • Educate people who are uncomfortable around or ignorant about people with disabilities to encourage them to make these friendships.

Thanks to shows like A&E’s reality show, “Born This Way”, as well as the increasing number of characters with disabilities in movies and TV shows, the dialogue around our country about how people with I/DD make friends, date, and live independently is growing. But, all of us can do more to make sure that people with I/DD in our lives have opportunities to connect with people of all abilities.

People with I/DD, here are a few ideas on connecting socially:

  • Pursue activities and opportunities based on your own interests. After you have decided what you would enjoy, think about what support you will need to participate and who you would like to provide that support. If it turns out that there aren’t other people with I/DD who participate, go ahead. You can be a trailblazer!
  • Seek out friendships with whomever you want to be friends with.
  • Be yourself and open to new activities and new friendships.
  • If you have trouble making new friends or if you have disagreements with friends, talk to the people you trust about how to address these issues.
  • Advocate to include other people with I/DD in events and activities you attend.

 

Families and Professionals, you can:

  • Encourage people you know to include people with I/DD in events and activities and promote understanding by talking about the value that the people with I/DD bring to your life.
  • Make space and time for people with I/DD to make friends, pursue activities, and participate in the community.
  • Encourage new experiences, especially if the person is scared or unsure.

We encourage you to explore The Arc’s Center for Future Planning for ideas about how to build relationships and pursue new experiences. And, if you are a fan of “Born This Way”, register today to attend The Arc’s 2016 National Convention and International Forum to meet the cast!

The Arc’s Statement on the Shooting of Unarmed Caregiver in Florida

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (I/DD) and their families, released the following statement on the news that Charles Kinsey, a caregiver (commonly known as direct support professional) for people with disabilities, was shot while supporting a young man with autism:

“Earlier this week Charles Kinsey, a direct support professional for individuals with developmental disabilities, was shot in a situation that needlessly escalated. Individuals like Charles play an invaluable role in the lives of those they support. It isn’t uncommon for their clients to see them as extended family and often direct support professionals put the wellbeing of those they are supporting ahead of their own, as was the case in this situation.

“While all the details of this incident have not been released, this case highlights a growing issue in our nation – the lack of training for law enforcement on how to safely and effectively interact with people with intellectual and developmental disabilities. From Ethan Saylor to Neli Latson and now Charles Kinsey, we continue to see how lack of training on supporting individuals with disabilities can pose a threat to the safety of our extended community. The fact of the matter is this incident was preventable. Collaboration between law enforcement and the disability community is the key to preventing future cases like this. We welcome the opportunity to work with law enforcement to help improve our criminal justice system and prevent future tragedy and injustice,” said Peter Berns, CEO of The Arc.

“While staff are sometimes injured performing their job duties, we do not see them injured by law enforcement who so often answer our calls for assistance in our work. While we do not yet know all of the facts, it appears that Mr. Kinsey, like so many staff working with persons with disabilities would do, tried to protect the person he was charged with caring for. We hope for a full and speedy recovery for Mr. Kinsey,” said Deborah Linton, CEO, The Arc of Florida

The Arc’s National Center for Criminal Justice and Disability® was established in 2013 to address situations like this, and the critical need for effective, evidence-based training for law enforcement and others in the criminal justice system. Funded by the Bureau of Justice Assistance, The Center created Pathways to Justice,™ a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. This innovative training emphasizes a shift in thinking away from “crisis intervention” alone, to “crisis prevention” which promotes a problem-solving attitude among officers and helps them to define what is truly a crisis, and what is not. Piloted in five states to date, the training is being rolled out in six additional states in 2017.