
New story from Disability Events in California
Date: January 14, 2010 Place: World Bank Headquarters, 1818 H Street, NW, Washington, DCMore Information: Save the Date 14 January 2010; Innovation in Accessible Transport For All flyer
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Outstanding radio program covering the increasing unannounced home visits to people receiving In-Home Supportive Services, www.KPBS.org, 12/11/09
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Outstanding radio program covering the increasing unannounced home visits to people receiving In-Home Supportive Services, www.KPBS.org, 12/11/09
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Carol Reid Where do disabled people go if their county is violating IHSS laws &/or trying to get around them? Where is the toll free number the court ordered? How can we make the courts aware of violations of their orders?

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UN holiday newsletter lists progress reports on human rights and disability
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Following is a checklist of the court cases filed against the Schwarzenegger Administration in 2009 to stop the budget cuts most threatening to the lives of Californians with disabilities. We will update this list as we get new information. -- Challenging the cut...s of the Adult Day Health Care program from 5 to 3 or 4 days a week, leaving no alternatives for many older Californians with serious disabilities; (Brantley v. Maxwell Jolly), case filed by Disability Rights California in August; judge granted motion for injunction on September 10; link here to Brantley v. Maxwell case details. -- Challenging the state’s use of the Functional Index ratings to determine who should be cut from the In Home Supportive Service program (IHSS); (V.L. et al v. Wagner), case filed by Disability Rights California in October; judge rules October 19, awarding injunction stopping cuts; state has filed appeal; link here to details about the V.L. v. Wagner case. -- Challenging the administration’s authority to bar all new IHSS providers who have committed any type of felony, exceeding the requirements for other care providers who are barred if they have committed felonies involving abuse or fraud; (Ellis et al v. Wagner), case filed by Peter Sheehan in November; judge granted temporary restraining order on November 24, in effect until January 29 2010 hearing on the merits of the case; link here to San Francisco Chronicle story about Ellis v. Wagner. -- Challenging governor’s right to eliminate additional $318 million in disability program cuts after legislature’s budget was approved; (St. John’s Well Child & Family Center v. Schwarzenegger et al), case filed by Disability Rights Advocates in August; oral arguments heard December 15 in CA Court of Appeals, San Francisco; link to details of St. John's v. Schwarzenegger at www.dralegal.org.
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Roland Wong
On Thursday, 12/17/09, SFMTA Muni completed the installation of the automatic push-button door openers at Forest Hill Station. It makes life easier entering and exiting the station.
Thank you all SFMTA for your improving accessibility for all.

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Long-Term Care Stirs Health Care Debate, The New York Times, 12/14/09
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Poor Children Likelier to Get Antipsychotics, The New York Times, 12/12/09
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Read disability activist Marty Omoto's press release about the administration's corrected enrollment form for new applicants to provide In-Home Supportive Services, corrected as required by court order.
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Miller bill to limit restraint & seclusion of schoolchildren, Contra Costa Times, 12/9/09
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U.S. Representative George Miller introduced a bill on December 9 to establish minimum national safety standards for use of restraint and seclusion in schools, similar to those in use in hospitals and other facilities. The bill would allow the use of physical restraint ...or locked seclusion only by trained staff and only when there is imminent danger of injury. Practices to be prohibited include any procedure that restricts breathing, aversive behavioral interventions that compromise safety, use of medications to control behavior when not administered consistent with a physician's prescription, and mechanical restraints such as strapping children to chairs or duct-taping their bodies. The bill also calls upon states to establish minimum safety standards within 2 years of the bill's passage and to collect and report data on implementation. Disability Rights California is working with legislators on a state bill. Details on the federal bill.
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Viewpoints: Support services fraud is wrong target, Sacramento Bee, 12/4/09
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Implementation should not happen until counties are fully prepared to comply without harming children and adults with disabilities who need IHSS. This is now a major health and safety crisis. Read the complete article by Marty Omoto. Take action: call or write to the of...ficials listed here ...,and contact your own legislator here...,and reply to Marty Omoto's commentary.
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Mod Adminpage If you are interested in following disability access issues and events in San Francisco or giving the City of SF feedback on disability topics, please consider joining the Mayor's Office on Disability Facebook Fan Page http://bit.ly/7DQ6fH or following us on Twitter - www.twitter.com/SFMODsquad

Melody Hartwell
McDonald's employees throw trashcans at disabled Vet with a Service Dog:
http://www.cnn.com/video/#/video/us/2009 /11/30/nr.vet.sues.mcdonalds.cnn

Adult day-care centers worry about funding mentions recent Californian "lawsuits by community service advocates [which] thwarted a cut in the Medicaid reimbursement rate and a move to limit attendance to three days a week."

California Rolls Out New Anti-Fraud Measures for In-Home Care Program , California Healthline, 11/30/09

Albert I went to the "Transitioning From High School" presentation given by Carmen Varela on 11/14 at the Parent's Place. Thanks, Carmen.

Nancy My name is Nancy and I work for J.Lodge, a company devoted providing work at home jobs for those on SSDI who hold a Ticket to Work. We are actively recruiting and hiring individuals for our Technical Analyst, Non Technical Analyst and Customer Service Specialist positions. To apply, please visit http://www.jlodge.com ...the link below or the J.Lodge Facebook Page. Click on the EMPLOYMENT TAB at the top and then on the APPLY NOW link at the bottom of the page. For more information on the Ticket to Work Program visit http://yourtickettowork.com

Melody Hartwell
My service dog and I were denied admittance into the Hospitality House homeless shelter last year and I just found out these places are being sued for that. Can we do a lawsuit?
Sacramento has the same problem, as well!
http://latimesblogs.latimes.com/unleashe d/2009/07/lawsuit-alleges-discrimination -against-homeless-people-with-service-do gs.html

Rudy Razo Chavez I'm an advocate, and will join any group that supports the disabled in any way.....Count me in...

Monica Hello to all- My name is Monica and I just wanted to share with you regarding my son- who is having trouble reading, rhyming words, etc. I notice that when he was 3 years old; his speech was very minimum, finally I asked his pediatrician to see if he can be evaluated by that time he was4!! He informed me to call my sch...ool district to have him evaluated-so I did. He did have sessions for about 5 months (once a week for 28 minutes) in his kindergarten year. Now he is in 2nd grade and his new teacher(at a different school) noticed his reading level VERY LOW and is seeing signs of Dyslexia- all this is new to me and a bit overwhelm- I want the proper intervention for him- but I need to have him take a educational hearing TEST~ does anyone know where or who I need to call to have this done?? His teacher is also looking into it and I need also a speech pathologist for him who is trained in LiPS (what ever that means) please advice- Thanks

Disability Rights California
Judge Halts Home Care Cuts - Says approach would likely violate federal law and cause “incredible human suffering” to seniors and people with disabilities who need these services.
Oakland, October 19, 2009 -- U.S. District Court Judge Claudia Wilken rule...d today that the state cannot go forward on November 1 with its ...planned cuts of In-Home Supportive Services (IHSS) to an estimated 130,000 Californians because of the substantial harm, damage and injury which would result. The Judge said that the state’s Functional Index rankings were clearly not based on need, that essential services could be withdrawn arbitrarily, and “people could lose something irreplaceable – the ability to remain safely in their homes.”
Therefore, she enjoined all IHSS cuts as requested by people who use IHSS and local unions, in the class action lawsuit, V.L. v Wagner.
The judge ruled that the plaintiffs were likely to show at trial that the cuts to services, enacted in the recent state budget, violate federal law. Approximately 40,000 low-income seniors and people with disabilities would have lost all their IHSS services, including personal care; another 90,000 would have lost such services as meal preparation, food shopping and help with laundry and housecleaning.
“We are convinced a humanitarian disaster would have resulted from the precipitous and arbitrary withdrawal of essential services approved by the legislature and the administration in the budget, and are delighted that the Court agreed with us,” stated lead counsel Melinda Bird of Disability Rights California.
“This is a big day for people with disabilities, their families and seniors throughout the state – their right to stay safely in their homes - and not be forced into nursing homes or other institutions - has been reaffirmed by the Court,” said Paula Pearlman of the Disability Rights Legal Center.
Disability Rights California – News about us - Press releases - Press release, October 17, 2008, Inn
www.disabilityrightsca.org
Oakland, CA –U.S. District Court Judge Claudia Wilken ruled today that the state cannot go forward on November 1 with its planned cuts of In-Home Supportive Services (IHSS) to an estimated 130,000 Californians because of the substantial harm, damage and injury which would result. ...

Disability Rights California Federal lawsuit filed to stop cuts in homecare to 130,000 Californians. Advocates for seniors and people with disabilities today filed suit in federal court in Oakland to prevent impending cuts in the “In-Home Supportive Services” program, known as IHS...S. The class action lawsuit is filed on behalf of four low-income... Californians who need IHSS to remain safely at home. The plaintiffs include two children with disabilities who need special care, an 81 year old senior who needs IHSS to remain in her apartment, and a young man with autism and bi-polar disorder whose IHSS provider assists him with basic tasks. Visit our homepage for links to related websites and documents.
Disability Rights California – News about us - Press releases - Press release, October 17, 2008, Inn
www.disabilityrightsca.org
Contacts: Melinda Bird, Disability Rights California, 213-427-8747Stacey Leyton, Altshuler Berzon LLP, 415-421-7151Paula Pearlman, Disability Rights Legal Center, 213-736-1031

Disability Rights California Federal judge orders Social Security Administration to repay millions to people wrongly labelled as "fleeing felons" and denied benefits. More than 200,000 people could qualify for repayment of benefits denied to them by SSA because they were wrongly classified as fugitives who had fled from felonies. The case, ...Martinez v. Astrue, was filed by the National Senior Citizens Law Center and joined by other groups, including Disability Rights California and the Urban Justice Center. Visit our homepage for more information, including related articles and links.
www.disabilityrightsca.org
- Budget analyses after budget passage on 7/28/09 - Our position letters on Governor's May Revise - Our budget analyses - Analyses by other organizations - News items -

Disability Rights California
Administration announces that cuts to In-Home Supportive
Services (IHSS) go into effect November 1, impacting 130,000
Californians with disabilities.
Sacramento – California Department of Social Services (CDSS)
Director John Wagner announced Friday that a number of changes to the
In-Home Supportive Services (IHSS) program ...adopted in the budget for
2009-10 will take effect on Nov. 1, 2009.
“Our top
priority is implementing the changes to the IHSS program as responsibly
as possible in accordance with state and federal law, and in a way that
gives recipients, providers and county officials as much advance notice
as possible,” Wagner said. Learn more in CDSS's September 18 press release (http://www.disabilityrightsca.org/news/C DSS-2009-09-18.htm) and in The Sacramento Bee (http://www.disabilityrightsca.org/news/S acramento_Bee-2009-09-19.htm)
www.disabilityrightsca.org

Disability Rights California Judge Halts Cuts to Adult Day Health Care (ADHC): Victory for 8000 elderly Californians with disabilities. Read the current press release, the judge's September 10 order granting an injunction, and other press coverage of the Brantley et al v. Maxwell-Jolly case.
Disability Rights California - Advocacy - Current Advocacy Work - Lawsuit challenges Adult Day Healt
www.disabilityrightsca.org
On August 18 several elderly individuals with disabilities filed a class action lawsuit (Brantley et al v. Maxwell-Jolly, Director of CA Department of Health Care Services) to stop devastating cuts in Adult Day Health Care services. ...









