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Most Recent Meeting || February 1, 2000
Next Most Recent Meeting || December 21, 1999
Minutes for the two most recent meetings will be posted. If you are interested in earlier meetings, please contact Ernest Winsor.
The first meeting of the century of the Coalition for the Legal Rights of People with Disabilities (CLRD) was convened by co-chairs Poly Cobb and Tim Sindelar at 10:00 a.m. on February 1, 2000 in Conference Room 3 on the 21st floor at One Ashburton Place, Boston.
Following Introductions, there were a number of --
A. Brief Announcements:
1. Proposed DMH regulations. A brief discussion took place on recently announced proposed Dept. of Mental Health regulations. One subject of the new regulations is membership on DMH Advisory Boards. Tony Winsor pointed out that these regulations implement legislation that was passed in 1998 in response to the exclusion of numerous individuals who worked for organizations getting DMH funding from serving on the Human Rights Advisory Committee, because of an interpretation of the state conflict of interest laws. Judi Chamberlin pointed out that she had been unable to serve on the HRAC due to her then-employment with the Ruby Rodgers Center, a DMH contractor.
Jennifer Honig pointed out that the discharge regulation had been changed to prevent private hospitals from dumping patients into homeless shelters. Bob Fleischner indicated that this is an important change. DMH has had a policy of not discharging patients from DMH facilities to shelters. Since admissions have shifted from DMH institutions to private hospitals, this policy has applied to fewer individuals. The Mass. Coalition for the Homeless has worked on this issue and at one point threatened litigation on the issue. Although another perspective is that individuals should be discharged as soon as they are capable of leaving a hospital without regard to the where the person will be going, DMH has attempted to take a middle-of-the-road position with these regulations. The regulations contain a presumption that discharge should not be to a shelter but allow a discharge to a shelter is it is the only place available and the person consents. Judi Chamberlin suggested that we invite a representative from the Homeless Coalition to one of our meetings to discuss the policy. Howard Trachtman indicated that he strongly supports personal choice on this issue.
2. Employment Opportunity at Bureau of Special Education. Tony Winsor reported for Bill Crane that the Bureau of Special Education Appeals has a vacancy for a hearing officer, and the official posting will soon be out, giving applicants 30 days to apply.
3. Budget Issues. Bob Fleischner reported that the Governor's Budget, House 1A, http://www.state.ma.us/bb/fy2001h1, severely underfunded DMH. DMH has thousands of individuals on waiting lists for services. The Governor's Budget continues the trend of the past few years in failing to allocate appropriate funds, particularly for services for the homeless. While other agencies have received increases in the last few years, DMH has not done well by comparison.
Judy Meredith reported that the Governor's Budget proposes to shift $10 million out of the tobacco settlement fund for children and adolescent services. Given the House's position on spending the tobacco settlement money, the funding for these services may have trouble in getting approval. Judy pointed out that the budget will be on a fast track in this short legislative session, and the House plans to take up the budget by the end of March.
Judy also pointed out that the Governor had proposed reorganizations of several agencies, including the Office for Child Care Services and the Department of Youth Services.
Ed Abrahamson noted that in regard to the DMR budget, it appears that rather than finding new funds for placements resulting from the Rolland settlement, DMR is withdrawing funds from the waiting list account.
4. NCD Report. Judi Chamberlin told of the recent release by the National Council on Disability of a major report: From Privilege to Rights: People Labeled with Psychiatric Disabilities Speak for Themselves. Judi recommended that every CLRD member review the report which eloquently reports on discrimination against individuals labeled with psychiatric disabilities and suggests radical reform, including an end to involuntary commitment. The full report can be obtained from NCD, http://www.ncd.gov/publications/privileges.html. Stan Eichner indicated that individuals can contact DLC for the executive summary of the report.
5. Meetings of Work Groups and Related Organizations. Jennifer Honig, reporting for Gina Yarborough, announced that the Individual Rights and Responsibilities Section of the Massachusetts Bar Association would be meeting on February 8, 2000. Any CLRD member with concerns to be presented to the IRR section should speak to Gina, who serves as CLRD's liaison to the section.
Jennifer also noted the CLRD Workgroup on Housing Needs for People with Mental Illness would meet that day (2/1) at 12:30 at MHLAC.
Bob Fleischner reminded us that the CLRD Work Group on Involuntary Commitment would meet immediately following the CLRD meeting.
6. Recent Case Developments - Attacks on the Americans with Disabilities Act. Bob Fleischner reported on serious attack on the Americans with Disabilities Act in two cases in which the United States Supreme Court recently accepted certiorari - Dickson v. Florida Department of Corrections and Alsbrook v. Arkansas. In these cases, the Court of Appeal for the 5th and 8th Circuits held that the ADA could not be enforced against state governments. The courts determined that the attempt by Congress to abrogate 11th amendment immunity under Section 5 of the 14th Amendment was improper, since the remedy was not "congruent or proportional" to the preventive or remedial objectives. The Supreme Court's actions in these cases could result in striking down the provisions of the ADA as they pertain to the states. This could set back many of the major achievements in ADA litigation over the last few years, including the community integration mandate upheld in Olmstead.
We discussed working as a community to encourage the Attorney General to decline to sign onto an amicus curiae brief supporting the lower courts' decisions. Chris Griffin indicated that anyone wanting materials concerning this effort can contact DLC. Bill Henning at CORD is also actively involved in this effort. [Notes: As of the publication of these minutes, Dickson has been settled and the cert petition dismissed. It also appears that Alsbrook may be settled before briefs are due. Further, the Supreme Court on 3/1 denied cert in Garrett, thereby rmoving from the Court's current docket all ADA challenges. See Disability Law Highlights, pgs 27-28.]
7. Recent News Articles on Rights of People with Disabilities. Poly Cobb reported that the Community Newspapers chain had recently run an extensive series of articles on the Judge Rotenberg Center. Copies of the articles were distributed at the meeting.
Sharon Heim noted that the New York Times Magazine had recently published an article on Eric Rosenthal's work on an international level for rights of people labeled with a psychiatric disability. Copies of this article were also distributed
Roy Bercaw noted that the New York Times had recently reported on individuals with disabilities being subjected to non-consensual radiation research.
B. Diversity and Legal Services -- Myra Hindus
Myra Hindus, coordinator for the Diversity Coalition, a project of the Massachusetts Legal Assistance Corp., presented information about the Coalition and work on disability issues with legal services programs. Myra explained that the Coalition has been providing technical assistance and training to legal services programs since the 1980's. This work has taken many forms and has included provision of information and assistance on racial, ethnic, religious, gender, disability and other cultural groups.
The Coalition has focused on issues of cultural competence among legal services staff. The Coalition has provided training on different cultures, bringing in resource people from those cultures. Some of this work has been based upon work in the healthcare system in introducing the concept of cultural competence as a skill based paradigm.
Cultural competence can affect the quality of legal services. Myra offered the example of refugees/ immigrants with a history of prosecution coming into a legal services program with that perspective. This background may make some options less viable - such as calling the police to respond to domestic violence. An awareness of these cultural differences can enhance the services provided by the legal services program.
Myra has been going to all subject matter coalitions in legal services to explain the work of the Diversity Coalition and to explore new ways to interact with the legal services community. Myra indicated that she wanted to work with CLRD to insure that the work of the Diversity Coalition included individuals with disabilities.
Tony Winsor pointed out that DLC and CPR had recently sponsored a day long training presented by M-Power on working with clients with mental illness and that many legal services attorneys attended that training. Bob Fleischner noted that fifty legal services staff attended that training and that CPR and DLC would be willing to work together to offer the training, in conjunction with M-Power, in other venues. Myra reported that the Diversity Coalition had recently presented a three day training on "working with the whole client." As part of that training, a workshop was presented on working with clients with mental illness. Participants in that workshop asked that a whole day training be scheduled sometime soon. Howard Trachtman indicated that M-Power has had a cultural competency team for more than a year and that it is willing to work with other groups on this issue.
Roy Bercaw noted that diversity work needed to focus on law enforcement and the media. Other members of the group offered additional contacts and resources for this work. Judi Chamberlin said that the National Empowerment Center also provided trainings in this area.
Myra reported that a recent survey of legal services workers had been conducted and that the results will soon be available. This survey will help inform the Diversity Coalition on its work. Jennifer Honig pointed out that the Coalition should look at the issue of access to legal services for people with disabilities. Myra responded that this will be one issue explored as the Coalition builds links to communities and groups in need of legal services.
Myra indicated her desire to continue to work with CLRD members. Myra can be reached [after 3/1] at 46 Temple Place, Boston 02111 (338-2299) and MHindus@mlac.org.
C. Life After the Scheibel Report -- Ralph Calderaro
Ralph Calderaro, General Counsel at the Disabled Person Protection Commission, presented information on the current status of abuse and neglect investigations.
Almost two years ago a special commission, sponsord by the Dept. of Mental Retardation and led by District Attorney Elizabeth Scheibel, made several recommendations on the investigation process. Thereafter, William O'Leary, Secretary of the Executive Office of Human Services (EOHHS), decided to implement these recommendations across all EOHHS agencies, not just DMR.
One of the critical recommendations of the Scheibel Commission was to improve the handling of reports of abuse / neglect that might result in criminal charges. At about the same time as the report came out, DPPC was implementing an outside budget section that had created a State Police Unit at DPPC. This unit has become very effective and has worked out agreements with each of the eleven prosecuting attorneys in the Commonwealth. All cases coming to the DPPC hotline (and 99.9% of all reports of abuse/neglect are reported to the hotline) are immediately screened for possible criminal remedies. Those screened in go to the State Police Unit. The screener at the State Police Unit makes referrals to the District Attorneys (if a felony is implicated). The District Attorney then decides which law enforcement agency should conduct the investigation. This process is working to break down barriers to prosecution of these offenses. If the law enforcement agency determines that it is not going to seek a criminal warrant as a result of their investigation, the investigation is then returned to the civil system.
The State Police Unit has also developed trainings and programs for conducting investigations where a person with a disability is the victim of a crime, and these trainings have been presented as part of general law enforcement training, including training at the Criminal Justice Academy and in each of the eleven districts. The DPPC Commissioners have determined that training is a priority. DPPC staff have presented trainings at hospitals and are working on training for the judiciary.
Cases screened out of the criminal process are assigned to DPPC or one of the state agencies (DMR, Dept. of Mental Health or Mass. Rehabilitation Commission) according to the capacities of the respective agencies. DPPC has increased its oversight work and is presently conducting oversight of every case referred to the other state agencies. The oversight officer at DPPC is actively involved in developing the protective services plan in each case, including the steps that are necessary for implementation of the protective services plan.
At this time, all reports of abuse or neglect in the DMR system are being referred to DPPC for screening and assignment. Both DMR and DMH have sent out notices in paychecks to all employees that remind everyone that reports of abuse or neglect need to be made to DPPC.
Ralph noted that one of the Scheibel recommendations, that DPPC cease to do internal investigations (cases where a client is receiving services from one of the state agencies) and do all outside investigations (where client is not receiving services from any state agency) has gone by the board. DPPC continues to perform internal investigations and is likely to do so in the future.
D. Election of Successor Co-Chair
As the final item of business, an election took place to replace Tim Sindelar as a co-chair of CLRD. Poly Cobb gave the report of the Nominating Committee, proposing Christine Griffin, Esq., Executive Director of the Disability Law Center. On a motion by Tony Winsor (seconded by Judi Chamberlin), the members present voted unanimously to adopt the report and elect Chris.
The meeting then adjourned at approximately 11:30 a.m.
The last meeting of the century of the Coalition for the Legal Rights of People with Disabilities (CLRD) was convened by co-chairs Poly Cobb and Tim Sindelar at 10:00 a.m. on December 21, 1999 in Conference Room 3 on the 21st floor at One Ashburton Place, Boston.
Following Introductions, a number of Brief Announcements were made:
1. Costs of the CLRD Newsletter Due to Rise. Tony Winsor announced that MLRI would be adjusting the cost of the CLRD Newsletter to more accurately reflect production costs. As a result, the cost will be increasing in the near future. Tony advised those whose most recent Nsltr had a red X in the address block (or who had not received a newsletter) to re-subscribe before the end of the year (1999) at the current low rate of $33 per year in order to save before the cost is raised.
2. RMV Medical Qualification Regs. Tony Winsor announced a setback in protecting the rights of drivers and potential drivers with disabilities. Several years ago a CLRD workgroup began negotiations with the Registry of Motor Vehicles on licensing regulations for people with disabilities, producing a draft which was nearly adopted when the Dukakis administration went out of office. The matter was dormant for some years. Recently, without the RMV staff's notifying the CLRD group (as had been agreed to), the Registry put out for public hearing proposed Medical Qualifications Regulations which did not contain the simple due process provisions for according reasonable accommodations to people with disabilities, which CLRD had long sought. At the hearing Tony presented testimony on the issues, and CLRD members Jane Alper of DLC and Lorraine Greiff of MOD submitted written comments. Unfortunately, the Registry adopted essentially what it had proposed, without the CLRD amendments, as its final regulations. Tony indicated that the regulations do contain some provisions for accommodation, in the section on seizure disorders, providing for an override of the general rule that a person must be seizure free for six months in order to qualify for a license: if the applicant submits information from his or her doctor that the six month standard is not appropriate to be applied in the individual's case.
3. Progress by the Deaf/Court Interpreter Task Force. Winsor also reported that a CLRD workgroup on ASL Interpreters in the Courts has seen some progress in obtaining recognition from the court system of the failure of the current system to make interpreters available without delay. This group has combined forces with a Babel II work group, whose focus has been on the need for spoken language interpreters in the court system. The merged group has had productive meetings with a revived Trial Court body, the Committee for the Administration of Interpreters, and the new Chief Justice for Administration and Management, Justice Barbara Dortch-Okara.
In response to a question, Tony also reported on progress on the Medical Care Interpreters Bill. This bill would require the provision of spoken language interpreters in acute care hospital medical and psychiatric settings. In addition, state government payers, such as Medicaid, would be required to pay for the reasonable cost of mandated interpreter services. The Attorney General and any aggrieved individual would have rights to take action in court against any hospital which violated the mandates, seeking injunctive relief, damages and attorney's fees. The bill (now H. 4917) was engrossed in the House on December 2, 1999 and has gone on to the Senate where it is hopeful that action will be taken soon.
4. CLRD Subgroup on Housing Issues for People with Mental Illness. Jennifer Honig reported that this work group would be meeting at 12:30 p.m. following the next CLRD meeting, on February 1, at the MHLAC offices, 294 Washington St. 320. Jen also indicated that, at least for the present, this work group would continue to focus on funding for housing for individuals with mental illness.
5. Anti-Aversives Legislation. Poly Cobb reported that she and Lorraine Greiff met with Michael Cahill, Co-chair of the Human Services and Elder Affairs Committee, concerning the three bills that would prohibit the use of painful aversives and deprivation of food and water in behavior modification programs. Representative Cahill indicated a willingness to move forward with this legislation if it can be demonstrated that such "treatment" is not effective. Anyone having information tending to demonstrate ineffectiveness should contact Poly.
On a similar topic, Ed Abrahamson indicated that a family seeking a DMR funded program recently had felt so pressured to accept the Judge Rotenberg Center (JRC) (a program making extensive use of painful aversives) as a prospective placement that the family felt compelled to hire an attorney to resist this placement. Tim and others reported that JRC is increasing its enrollment and has undertaken an expansion of its school facilities. Apparently recent controversial recruitment efforts by JRC have been fruitful.
6. Recent Legislative Proposals. Kevin Hall reported on one bill recently filed and on another drafted and looking for a sponsor. The former would require that any practitioner who prescribes a drug for a child must provide the Physicians Desk Reference notifications to the parents and keep on file an attestation as to that fact. The second bill would prohibit a school for requiring a student to be on psychiatric medication in order to remain in school.
7. Real Clout. Judy Meredith announced the publication off her new book - Real Clout - and provided copies to the co-chairs. Copies of the book may be obtained from the Access Project at the Robert Wood Johnson Foundation.
More Problems at the Registry of Motor Vehicles
Barbara Lybarger, general cousel of the Mass. Office on Disability, led a discussion on recent developments at the Registry which have presented problems for individuals with disabilities. The Registry has begun replacement of the current handicap placards with new placards that hang from the rear view mirror of vehicles. These placards, with the individuals photo and name on the reverse side, present privacy and safety concerns. MOD has received a number of calls from drivers receiving these new placards. MOD contacted the Registry and suggested alternatives to meet the Registry's concern about fraudulent use of the placards. MOD has not received a positive response from the Registry, and additional action may be necessary. After some discussion, a consensus emerged that a group of interested parties would seek a meeting with the new Registrar, Daniel A. Grabauskas, to express these concerns.
Barbara then presented a second issue concerning two forms of identification available from the Registry for non-operators. The Registry issues a "Massachusetts ID" for $15 and a separate "Liquor ID" for $25. The first ID is not accepted by liquor vendors as sufficient proof of age to purchase alcohol. Until recently, the information that the Registry provides has not clearly indicated the distinctions between the two IDs. This has created some confusion, and recently MOD received a complaint from an individual who had obtained only a Massachusetts ID and then had been unable to purchase a drink. The new Drivers handbook now clearly sets forth the differences between the two IDs. Barbara passed out copies of the operators application form which is also used for these IDs.
Tony Winsor pointed out that the application itself has other provisions that may present problems for operators with disabilities. For example, in the boxed questions on the right of the form, No.5 asks "Are you currently taking any medication that may affect your ability to safely operate a motor vehicle?" Answering this question may present a real dilemma for many people.
During a discussion on how to approach these issues, a number of alternatives were put forth. A consensus was reached that information would be posted on the CLRD website, asking for individuals with Registry-related problems to provide information to CLRD. Chris Griffin agreed to lead a workgroup that would then present concerns to the new Register.
CLRD Priorities
Tim Sindelar led a discussion on setting priorities for CLRD for the next calendar year. The group agreed that certain priority activities of CLRD should remain active - the current legislative priorities, CLRD's clearinghouse function through the Newsletter and Web site and participation in litigation as an amicus.
A discussion took place as to the formation of a new Mental Health Caucus by members of the House of Representatives. There was an agreement that work with the caucus should be a priority of CLRD, and that the caucus should be contacted immediately by CLRD representatives. CLRD will arrange for a general briefing on mental health issues for the caucus. Bob Fleischner of CPR agreed to lead this activity.
Several topics were put forth for consideration over the next year. These included looking at legislative / administrative advocacy to assure the availability of long term care insurance for persons with disabilities, access to home health care, general issues on access to the courts and reasonable accommodations for participants in the civil and criminal justice systems, investigations of abuse and neglect of PWDs and criminal justice issues. It was agreed that these topics will be presented in information sessions at CLRD meetings over the next year.
Those present also agreed that the success of last years Conference on Restraint should be built upon and that a follow-up conference should be scheduled. This conference will emphasize alternatives to restraint. It was also suggested that CLRD work to update several of the publications available on disability issues, such as the "yellow book" on employment discrimination.
Sindelar Resigns
At the conclusion of the meeting, Tim Sindelar announced his intention to resign as co-chair of CLRD. A nomination committee will be formed and will engage in the search for a replacement. The group voted its thanks to Tim for his co-stewardship of the last few years.
The Meeting was adjourned at 12:00 p.m.
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