Our Vision Statement: Disability Rights California will create individual and family supports, chosen and directed by the person with a disability

2010

Hot topics archived December 2009

Temporary Restraining Order issued: Administration cannot disqualify all IHSS workers with felony convictions, just those convicted for abuse and fraud

Social justice advocate Peter Sheehan has achieved another victory in the fight to minimize the impact of In-Home Supportive Service cuts. When the administration said that IHSS care providers would now be disqualified if they were convicted of any felony, Attorney Sheehan brought suit on behalf of several IHSS recipients (Ellis v. Wagner et al) to show that it was sufficient to disqualify IHSS providers who had been convicted of abuse or fraud in the last 10 years.

The Temporary Restraining Order was issued November 24 and is in effect until January 29, 2010 when a hearing will be held on the merits of the case. Read the San Francisco Chronicle story about this case.

Federal Judge holds State in contempt for not complying with court order stopping IHSS cuts

Link here to read disability advocate Marty Omoto's summary of November 19 contempt hearing held in Oakland (archived 12/15/09)

California's caregiver wage cut 'cruel,' says ex-teacher with disability

Because state budget cuts reduced in-home care subsidies for those deemed able to pay, [Sylvia Zedlar] is among about 9,000 frail and mostly elderly Californians who must pay, on average, between $200 and $250 more each month to get the same level of care. Zedlar, for example, was told last month that she now must spend $840 of her $1,495 monthly Social Security check to get state-subsidized in-home care, leaving little more than $600 – what she spends on rent alone.

Marilyn Holle, senior attorney with Disability Rights California, called the way the cuts were carried out "morally wrong." ... "This is a very vulnerable group. Many are severely disabled," she said. ... Read more about how the new rules are affecting the most vulnerable people with disabilities ... (archived 12/15/09)

Red tape, red flags: despite increased 'support,' vets still have trouble getting care from the VA

Jason Vanderbie and his wife Natalie (Photo by Angela Carone)

Too often, [Michael] McPherson said, the vets in his group are more overwhelmed by the VA system than by what might have happened to them in combat. “There’s a lot of bitterness,” he said. “We have to continue to battle for these benefits that are supposed to be guaranteed for us.” Read more here from the San Diego City Beat ... (archived 12/15/09)

Legislative summary - a view from Disability Rights California about the outcomes of our sponsored and other bills - Following is a quick rundown of what happened with the recent disability-related bills, prepared by Brandon Tartaglia of the Legislation and Public Information Unit.

November 2, 2009 - This year’s legislative session ended with mixed results for people with disabilities. While most of our efforts were focused on defeating the horrific budget cuts, there were several important bills making their way through the capitol. Click on the links below for a quick review of the ones with the most impact on people with disabilities: Disability Rights California sponsored legislation; Signed by the Governor (archived 12/15/09)

Lead counsel Melinda Bird of Disability Rights California explains details of October 19 court victory to disability advocates, in Oakland, just outside the U.S. District Courthouse for the Northern District. The hearing was packed with consumers, advocates and plaintiffs, with at least 150 people waiting outside in the rain to hear the outcome. Photo: Michelle Garcia.

Lead counsel Melinda Bird of Disability Rights California explains details of October 19 court victory to disability advocates. Photo: Michelle Garcia.

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 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. 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.” Read more about this case on the V.L. v. Wagner home page, as well as pleadings, court orders, press releases, press coverage, and more. (archived 12/15/09)

Press release - Judge halts cuts to Adult Day Health Care (ADHC): Victory for 8000 elderly Californians with disabilities

Lillie Brantley and Chauncey McLorin

“I am so happy and grateful to Judge [Saundra Brown] Armstrong … this means the world to my aunt and me,” cried Chauncey McLorin, when she heard on Thursday afternoon that her aunt, Lillie Brantley, 84, can continue to attend her Adult Day Health Care program Mondays through Fridays. Learn more about this case on the Brantley v. Maxwell-Jolly home page ... (archived 12/15/09)

Budget crisis documents archived December 2009

Disability Rights California Position on May Revision Budget Conference Committee Recommendations to the Governor

The Governor’s May Revision proposal was harmful and harsh, especially to people with disabilities and the elderly. The Joint Budget Conference Committee met and accepted public comment on the Governor’s proposals. The committee decided to put forth a much less harmful proposal, which is a combination of cuts and revenue increases. However, their proposal still has many harmful cuts to services and supports for people with disabilities. Click here to see our position letter, Disability Rights California position on May Revision Budget Conference Committee Recommendations to the Governor, June 22, 2009 (archived 12/15/09)

May Budget Revision Reductions to Mental Health Managed Care Services, Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT) and Institutes for Mental Diseases Ancillary Services - OPPOSE, May 26, 2009 (archived 12/15/09)

Opposition to May Revision Proposals to Cut Medi-Cal, May 27, 2009 (archived 12/15/09)

California State Budget Overview, Disability Rights California, 3/13/09 (archived 12/15/09)

Disability Rights California’s proposals for values-based cost savings in the Developmental Disabilities System, Disability Rights California, 2/18/09 (archived 12/15/09)

Proposed state budget cuts to the SSP, CAPI and CFAP programs, Daniel Brzovic, Disability Rights California, 2/6/09 (archived 12/15/09)

Update of Governor’s 2009-2010 Budget: Proposals Impacting Persons with Disabilities, Disability Rights California, 2/5/09 (archived 12/15/09)

In-Home Supportive Services - Proposed Budget Cuts/Domestic and Related Services, Daniel Brzovic, Disability Rights California, 1/14/09 (archived 12/15/09)

Hot topics archived November 2009

Senate defeats bill (SB 69) to create transition period before applying new IHSS worker requirements; long wait predicted to hire new in-home care providers, endangering people with disabilities

The Senate defeated SB 69 along party lines late Tuesday night, destroying the chance for county offices to have time to set up and get translated all the new forms and procedures required as of November 1 for background checks and orientation of new IHSS providers. Most counties have reported inadequate instruction about the new requirements for In-Home Supportive Service workers, introduced by the administration to reduce fraud. The Legislature will hold a hearing November 5, 9:00 AM, State Capitol, Room 4202, about the program changes in IHSS. Deborah Doctor, legislative advocate for Disability Rights California, will testify about how people with disabilities are being affected by these precipitous changes. Link here to read a fuller report on SB69 by Marty Omoto of the California Disability Community Action Network.

Assembly adopts stakeholder process to address changes in IHSS worker requirements; text now goes to Senate and if passed, to Governor

Disability Rights California legislative advocate Deborah Doctor reported that the Assembly voted 60-0 late Monday night to create a stakeholder process to address the chaos and confusion caused at the county offices by new requirements for In-Home Supportive Services workers. The process is to conclude in February and after 60 days the new requirements would be implemented for all IHSS workers. Read details in the linked report by Marty Omoto of the Disability Community Action Network (CDCAN). Text of SB 69 as amended 11/2/09. (archived 11/4/09)

Urgent to support Assemblymember Noreen Evans' November 2 plan to give counties more time to implement IHSS program changes

On November 2, in the Assembly, Assemblywoman Noreen Evans will offer amendments to SB 69 which will offer temporary relief - for the counties, IHSS consumer and IHSS providers - from the IHSS program changes which are to go into effect November 1.

When those amendments are adopted she will ask for a floor vote. A 2/3 vote will be needed for this urgency bill; if the 2/3 approval happens, the bill will go to the Senate for concurrence. All of this can happen on the same day - November 2.

The language of the bill has two purposes:

Stop the implementation of the November 1 program changes
Require the administration to undertake a real stakeholder process concerning the implementation of the changes. The changes would go ahead 90 days after the stakeholder process finishes.

We expect these program changes will be named in the bill as the ones which should be delayed:

The new provider enrollment form
The new provider orientation requirement
The criminal background check requirement
Unannounced visits to consumers
Requirement that providers use a physical address rather than a PO Box
Addition of civil penalties to fraud convictions

Your help is needed right now:

Please call or fax your legislator and tell her/him what this bill is about (they will be seeing the new contents of the bill for the first time on November 2) and how important this bill is to you. Click here for a list of legislators - http://www.leginfo.ca.gov/yourleg.html.
Please call or fax the Governor and tell him he has the chance to do the right thing and delay these changes by signing SB 69. Find phone and fax numbers for the Governor's Capitol office and regional offices here - http://gov.ca.gov/interact#contact.
Send a floor alert to all legislators if you or your organization have the capacity to do that.

The tight timeframe was forced upon the Legislature by the inadequate, and last minute nature of implementation instructions. Assembly Budget and Senate Budget committees heard the issues in specific detail when they met last week, Wednesday, October 28.

Almost half of the counties in California have told the administration that they have not been given the information and tools they need to implement these program changes.

Stakeholders have had little or no opportunity for feedback on these extremely significant and troubling program changes, which were adopted in a rush in the last days of the budget negotiations in July.

PLEASE ACT NOW

Thank you! (archived 11/4/09)

Hot topics archived October 2009

Quick and dirty summary of California's budget

On July 28, Governor Schwarzenegger signed a spending plan to close the state’s approximate $24 billion dollar budget gap. The final budget includes $16.1.billion in spending cuts; $3.5 billion in revenues and revenue accelerations; $2 billion in borrowing, including borrowing from local government; $1 billion in fund shifts; and $1.4 billion in other “solutions” The Governor made an approximate $395 million in line-item vetoes in the health and human services area. Other than making significant reductions to health and human services programs that will significantly affect persons with disabilities, the final budget package: Find more in depth information on the budget here ... (archived 10/22/09)

Judge stops State from sending out notices about IHSS cuts, so that Court first has time to consider legal issues at October 19 hearing

On October 14, U.S. District Court Judge Claudia Wilken issued a Temporary Restraining Order, prohibiting the State from sending out notices of action regarding the In Home Supportive Services (IHSS) cuts slated for November 1.

This order prevents any cuts until the judge considers arguments that the cuts are illegal at a 10:00 a.m. hearing on October 19, in the case V.L. by and through his guardian ad litem Nancy Lagahid et al v. John A. Wagner, Director of California Department of Social Services.

This order is not a ruling on the ultimate decision in the case. After the October 19 hearing, Judge Wilken will rule on our Motion for a Preliminary Injunction, which explains why we believe the cuts are illegal.

The case was filed on October 1 by Disability Rights California and other advocacy organizations on behalf of 130,000 seniors and people with disabilities who are in danger of losing their critical IHSS services.

Watch this space: we will report on the outcome of the October 19 hearing and any other news affecting the hundreds of thousands of IHSS recipients. (archived 10/20/09)

Governor signs our co-sponsored bill requiring State Council on Developmental Disabilities to establish Employment First focus and annual reporting on results

Click here to read the complete bill establishing Employment First ... (archived 10/5/09)

Impact of California budget cuts on people with disabilities

- 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 - (archived 10/5/09)

Hot topics archived September 2009

Oakland nursing home murder-suicide: mother leaves letter describing inhumane treatment of daughter with brain injury

The article linked below describes a tragic but unfortunately not unique situation of a parent who spent 15 years looking for a facility that would treat her significantly disabled, adult daughter with dignity instead of as an "animal or non-person." Diana Harden went to the nursing home, killed her daughter, Yvette, and then committed suicide. But, first she sent a detailed letter to KGO-ABC7 News, asking them to "lobby the state to find a way for brain-injured patients not to continue to fall through the cracks. Yvette Harden was injured in a vehicle crash in 1994. Read the Oakland Tribune news article here ... and ABC's report on Diana Hardin's letter ... and the letter. (archived 9/29/09)

VSA arts International Young Soloists Award - call for entries

This award is given annually to four outstanding musicians, two from the United States and two from the international arena. The award provides an opportunity for these emerging musicians to each earn a $5,000 award and a performance in Washington, D.C. Application deadline is November 16, 2009. Read the award's Frequently Asked Questions for more information. (archived 9/29/09)

Senator Ellen Corbett, author of SB 1608 that established the Commission, swears in Margaret Johnson.

Senator Ellen Corbett and Margaret Johnson.

Attorney Margaret Johnson named to California Commission on Disability Access

Margaret Johnson, advocacy director, Disability Rights California, and specialist in ADA litigation, has been named to the newly established California Commission on Disability Access. Commission appointments were announced by Darrell Steinberg, Chair of the Senate Rules Committee. Read more here about the California Commission on Disability Access ... (archived 9/29/09)

Please join us in a Ceremony of Remembrance September 21, 2009

At 1:55 pm there will be a statewide moment of silence to honor those who died unrecognized at State Hospitals and Developmental Centers. By giving respect to people with developmental and mental disabilities who died anonymously, we are honoring the humanity of all of us. All are welcome.

The 9 ceremonies will be different, but each will feature memories of deceased residents by friends or family members, poems or songs, news about the California Memorial Project and light refreshments. Read more here, and learn the ceremonies' locations ...

Sacramento Regional Office Training on Regional Center Cuts and How to File an Appeal

The Sacramento Regional Office of Disability Rights California will be providing training over the telephone to interested people about the recent regional center cuts and how to file an appeal and complaint. Some trainings will be in English and others will be in Spanish.

Anyone wishing to participate from the Sacramento, Fresno and surrounding area should call their local OCRA or Disability Rights California office, to schedule a time to attend one of the trainings. Since space at each training is limited, please call as soon as possible to reserve a spot. Additionally, although Disability Rights California will not charge any fee for this training, your company may charge you for participating. Please contact your phone company directly for phone charges for participating in the call.

Please remember you only have 10 days from receipt of your notice of action terminating or reducing your services to file a due process hearing to continue your services without them being stopped pending a fair hearing on the matter.

Also, below are forms for you to print out to use during the phone training. They include a regional center fair hearing request form and a 4731_Complaint_Form.

Additional trainings will be announced later. (archived 9/15/09)

California delays in-home care cuts

The California Department of Social Services announced Wednesday that it cannot meet a Sept. 1 deadline requiring that it drop or cut aid for more than 100,000 people enrolled in the state's In-Home Supportive Services program. Disability Rights California was among the advocates requesting that the state delay cutting IHSS services ... (archived 9/9/09)

Loss of services endangers fragile, elderly people with disabilities; Court to hear challenge to cuts

Medicaid cuts affecting 8000 Californians with disabilities go into effect September 7, 2009. Linda Gaspard-Berry, a full-time hospital worker, and her brother, balance between them the round-the-clock care needed by their mother, 79 year-old Allie Jo Woodard. Lillie Brantley, 84, and her grand-niece, Chauncey McLorin, a full-time MUNI driver, share McLorin’s home because Brantley cannot safely be left alone. Learn more about cuts in ADHC services endanger the lives of people with severe disabilities in our latest press release ... (archived 9/8/09)

Judge OKs tentative deal in Social Security suit

On Tuesday, U.S. District Court Judge Claudia Wilken tentatively approved a settlement requiring the government to pay more than $500 million to provide back benefits to as many as 80,000 people and restore payments to as many as 200,000.

The Social Security Administration also changed its policy so far fewer people will be barred from receiving checks. Read more here about the settlement and its effects ... (archived 9/8/09)

Hot topics archived August 2009

Safety net is in tatters after budget plan's cuts, say health care advocates

Andres Castillo Jr. gets a check up from Dr. Jonas Bernal through the Healthy Families program at Stanislaus County Health Services in Modesto, Calif., Wednesday, July 22, 2009. How will the state budget impact Healthy Families, the low-cost insurance program for the working poor? Health advocates say that hundreds of thousands of children could lose coverage. Photo: Adm Golub, Modesto Bee.

The budget deal includes Schwarzenegger's proposals for rooting out fraud in the IHSS program by requiring fingerprinting of recipients and home caregivers. ... Advocacy groups doubt those measures will uncover much fraud but say they will make it harder for people to find caregivers. "Very often, the wages paid to caregivers is close to minimum wage," said Dan Brzovic, associate managing attorney for Disability Rights California. "People at that wage scale won't want to deal with the additional requirements." Learn more here about the effect of budget cuts on people who have disabilities and don't have much money ... (archived 8/24/09)

Budget deal includes mandatory fingerprinting of people receiving IHSS and of IHSS workers

The budget deal agreed to by Governor Arnold Schwarzenegger ... includes additional new proposals by the Governor and Republican legislative leaders that were not part of the Democratic budget proposal in June, including, the Sacramento Bee reported, fingerprinting requirement of all persons receiving In-Home Supportive Services (IHSS) and of all persons who are IHSS workers (providers) and also background checks for those workers. Read more about fingerprinting in The Sacramento Bee's latest report on California's budget ...

Second suit strikes at governor's budget cuts

With the signed budget bill in front of him Gov. Arnold Schwarzenegger answers a reporters question concerning the $85 billion revised state budget that he signed during ceremonies at the Capitol in Sacramento, Calif., Tuesday, July 28, 2009. Photo: Rich Pedroncelli, Associated Press.

Health clinics, advocates of disabled people and battered-women's shelters have asked a state appeals court to restore hundreds of millions of dollars in funding cut by Gov. Arnold Schwarzenegger, saying his vetoes exceeded his authority and threatened the lives and well-being of the most vulnerable Californians. Read more here about a second lawsuit seeking to restore funding for people with disabilities and other vulnerable Californians ... (archived 8/24/09)

What can I do if I don’t agree with the budget cuts? (archived 8/24/09)

Disability Rights California staff to be featured on Fox40 show about accessibility in Sacramento

Legislative advocate Evelyn Abouhassan and disability advocate Todd Higgins were interviewed yesterday for a Fox40 issues show about how accessible Sacramento is for people with disabilities. Fox40's Lonnie Wong questioned them in depth about legal and practical aspects of accessibility for an InFocus show to be broadcast at 9:00 Sunday morning, August 23.

Originally, the program was prompted by an access lawsuit filed against Squeeze Inn, a popular, tiny burger restaurant, but coincidentally, the suit was dropped yesterday and the interview took a broader look at access issues in the city. Abouhassan, who often uses a scooter for mobility, and Higgins, who uses a guide dog, were able to contribute both personal examples of access in Sacramento and professional insights on the tools of education, legislation and lawsuits to improve accessibility throughout the state. Link here to today's Sacramento Bee story on the Squeeze Inn lawsuit ... (archived 8/24/09)

Request for Proposal - to provide primary / secondary printing services. Our typical printing requests are for single and multiple page flyers, various format brochures, posters, and up to 500+ page bound and unbound manuals. Deadline to apply: 8/24/09 (archived 8/24/09)

Los Angeles Times op-ed challenges the governor to show us the fraud in IHSS

Deborah Doctor, a legislative advocate with Disability Rights California, suggests that "if the governor wants to find and eliminate fraud and protect seniors and people with disabilities, he should proceed based on evidence, not on unfounded estimates." Read more in Deborah Doctor's opinion piece in the July 14 Los Angeles Times ... (archived 8/13/09)

Access dilemma at tiny Sacramento burger joint

The Squeeze Inn's Shelly Cox slips past colleague Rollie Rillos as they work the tiny south Sacramento burger joint's counter. The eatery relocated from midtown decades ago.

Margaret Johnson, Disability Rights California's advocacy director, explains how lawsuits are unfortunately one of few tools available to improve accessibility in the business community. Read the July 10 Sacramento Bee story about the dilemma facing the owners due to a new lawsuit ... and a July 9 story about the Squeeze Inn's dilemma from News 10 .. (archived 8/7/09)

Community march to protest Psycho Donuts' practices

Join us for a community march and rally to protest Psycho Donuts' practices. When: Sunday, August 2, 2009, 11:00 a.m. Where: Meet at Orchard City Green, 70 North 1st Street, Campbell, CA 95008 at 11:00 a.m. sharp (Corner of Civic Center Dr. and N. Central Ave. in Campbell – between the Library & City Hall). Learn more here about the march and demonstration to protest Psycho Donuts' practices ... (archived 8/3/09)

Hot topics archived July 2009

Smoothing the Way for Students with Disabilities at North Monterey County High School

The North Monterey Unified School District has agreed with a recent graduate and Disability Rights California, a statewide legal advocacy organization, to improve the physical accessibility of the district’s North Monterey County High School. “We are reducing the bumps in the road facing students with disabilities,” said attorney Fred Nisen, “so they can concentrate more on graduating than getting to class.” Read more here about how the school district plans to improve access for students with disabilities ... (archived 7/27/09)

Who will and won't get IOUs?

Who will get IOUs? Welfare recipients, private businesses who contract with the state, local governments, taxpayers receiving income tax refunds and owners of unclaimed property.

Who won't get IOUs? The state constitution mandates that education and debt service have priority status. Laws also require that state payroll, CalPERS, CalSTRS, in-home supportive services and Medi-Cal providers continue to be paid. State retirees will also continue to get paid regularly. Read more here about the IOU vouchers and where you can get more information ... (archived 7/27/09)

Schwarzenegger's IHSS fraud allegation tough to pin down

The Sacramento Bee has published a fascinating account of pursuing the origins of the governor's claims of 25% fraud in California's In-Home Supportive Services program. Read more here about the difficulty of substantiating those claims ... (archived 7/17/09)

Governor's Sacramento office blocked by people with disabilities

Protesters block the entrance to Gov. Arnold Schwarzenegger's office. Photo: David Bienick, KCRA

Caregivers and people with disabilities are furious that Gov. Arnold Schwarzenegger is asking for more cuts to California's in-home support services. About 100 protesters said they successfully blocked the entrance to the governor's office Tuesday. The People's Day of Reckoning Coalition organized the protest. Read more here about the July 7 protest at the State Capitol ... and get more print, video and photo coverage of disability action in Sacramento, from the Sacramento Bee ... (archived 7/17/09)

Disability Rights California rejects Conference Committee budget cuts, offers alternatives

We recognize how much work has been done by the Committee to reduce the impact of the Governor's proposals on low income Californians with disabilities. But we believe the results still threaten the safety and survival of many who would experience multiple cutbacks of services and severance of lifelines. Link here to read about our reasoning and suggested alternatives. (archived 7/17/09)

Social Security settles lawsuit, agrees that effective April 1 it will no longer deny or stop benefits because of an outstanding warrant in most cases

Social Security law says that to deny or stop benefits because of an outstanding felony warrant, it must be determined that the person is "fleeing" to avoid prosecution or confinement. Disability Rights California joined other organizations in Martinez v. Astrue, a class action challenging SSA's policy of refusing benefits on the basis of a warrant, without checking if the person was also "fleeing." SSA has now agreed to provide back benefits to some who were denied or lost benefits due to the incorrect policy.
* Learn more about the settlement and what you can do to help those hurt by Social Security’s illegal policy ...
* Social Security policy instruction #EM-09024, 3/31/09 - Suspension of Representative Payee/Fugitive Felon Match Process ...
* Social Security policy instruction #EM-09025, 4/1/09- Fugitive Felon: Stop Suspension or Denial of Individuals with Felony Warrants Affected by the Martinez Settlement ...
* Keep checking this website for updates on the settlement. (archived 7/17/09)

Advocacy scholarships are available for Californians with disabilities to attend the Alternatives ’09 conference

Every year, there is a national consumer/ex-patient conference for current and/or former mental health clients. This year, the Alternatives '09 Conference will be held in Omaha, Nebraska from October 28 to November 1, 2009. Click here to learn more about the conference and the scholarships. Deadline to apply for a scholarship is August 31, 2009 ... (archived 7/16/09)

Disability Rights California is on Facebook

Check out Disability Rights California on Facebook: http://www.facebook.com/pages/Disability-Rights-California/56281311413. (archived 7/16/09)

People’s Day of Reckoning: “The State Budget is Killing Me!”

Tuesday, July 7, 11:45 a.m., under the Rotunda inside the State Capitol - join in demanding a budget that combines targeted cuts with new revenue. Then visit your elected officials. Learn more here about the demonstration; be part of the People's Day of Reckoning ... (7/14/09)

Supreme Court supports reimbursement for out of state services for special education students, if in-state services fail

This decision "eliminates the two tier special education system, one for students with means and the other for low income students, " said Paula Perlman, executive director of the Disability Rights Legal Center in Los Angeles. Read more here about the Supreme Court's decision on out-of-state services for special education students ... (archived 7/6/09)

Hot topics archived June 2009

Budget knife threatens popular state programs

Linda Soubirous and her daughter, Kena Hintergardt, are at risk of losing lifetime health benefits. Photo: Christina House / For The Times Linda Soubirous is worried that other survivors will endure the same trauma she did if Gov. Arnold Schwarzenegger succeeds with a little-noticed plan to indefinitely suspend a 1996 law because of the state's budget crisis, along with about 30 other laws put in place over decades to address the needs of Californians. The laws, known as state mandates, put requirements on local governments and obligate the state to pay for them.

One mandate requires coroners to investigate deaths at mental hospitals; another mandate guarantees lawyers during hearings to renew commitments to mental institutions. Sean Rashkis, an attorney for Disability Rights California, a nonprofit advocacy group, said that the new cuts could delay hearings and leave mental health patients institutionalized "months after the commitment time has run" out. Learn more in a Los Angeles Times article about how cuts to state-mandated programs will affect people with disabilities ...(archived 6/30/09)

Riverside woman fears state cuts will force son into nursing home

'His life is my life,' Shirley Andrade said of son Baltazar, 34, who was diagnosed with Duchene muscular dystrophy. 'I'm afraid of losing him.' Andrade may see her in-home support services check shrink from $10.85 an hour to $10.10 an hour.

Shirley Andrade knows that a 75-cents-an-hour pay cut from the state doesn't sound drastic. But for this single Riverside mother, it could mean giving up her child. She fears that the decrease in income could mean the difference between caring for her disabled son herself and relinquishing him to a nursing home. Read more about the effects of wage cuts on in-home service providers ...(archived 6/30/09)

Hospital won't treat detainees

A California psychiatric hospital says it will stop providing non-emergency care for immigration detainees until federal rules on treatment are revised. ... After [The San Diego Union Tribune] ran a story in May on detainees' treatment, California said those practices violate state laws on conditions for the mentally ill. ... Ann Menasche, a lawyer for [Disability Rights California], said she believes the hospital has no obligation to follow ICE requirements. ... "It's their facility, and they can say -- and I think they should say -- to ICE, 'Sure, we can take the patient, but they are going to get the same rights all patients get under California law,'" she said. Read more here from United Press International ... (archived 6/25/09)

State high court upholds disability damages

The state Supreme Court took a broad view of California's disability law Thursday, saying businesses that don't accommodate customers with disabilities are subject to damages of at least $4,000 per violation even if they don't intend to discriminate. The unanimous ruling in the case of a San Bernardino man, who couldn't get his wheelchair into the restroom at a fast-food restaurant, resolved a dispute over the state law that prohibits discrimination against people with disabilities: whether victims can seek a full range of damages for barriers that deny them equal access, regardless of the company's intent. Continue reading the San Francisco Chronicle story on this important court decision... (archived 6/25/09)

Disability Action Coalition Budget Rally, June 23, San Francisco

A rally to protest the avalanche of budget cuts landing on Californians with disabilities is planned for noon, starting at Civic Center Plaza and ending at the Governor's office at 455 Golden Gate Ave. Details: fidel.valezuela@cril-online.org. (archived 6/25/09)

Disney World ban on Segways faces another challenge

U.S. Army Maj. Daniel Gade (far left) and other protesters ride their Segways in downtown Orlando. Wounded Warriors, a group of disable veterans, protested Disney's ban on Segways. Photo: Red Huber, Orlando Sentinel / June 3, 2009.

In an Orlando courtroom on June 3, disability-rights advocates sought to have a Disney-negotiated settlement blocked. Critics say the ban and the settlement preserving it unfairly discriminate against people with disabilities who prefer to move around on the upright Segways rather than seated on scooters or wheelchairs. Learn more about disability-rights advocates seeking to have a Disney-negotiated settlement blocked ... (archived 6/25/09)

Advocates object to "excessive ... punitive" treatment of immigration detainees in psychiatric hospitals

After visiting Alvarado Parkway Institute (API), a private psychiatric facility in Mesa, Ann Menasche, a lawyer with Disability Rights California, described the treatment of immigrants being held there in shackles as "excessive, unjustifiable and punitive, " and in violation of both federal and California laws. API is one of a network of private hospitals that the U.S. Immigration and Customs Enforcement (ICE) uses for immigration detainees experiencing mental health disabilities. Read the entire front page story from the May 18 San Diego Union-Tribune ... also the May 19 Union-Tribune editorial ..., and 'A Little Guantanamo', San Diego CityBeat, May 19 .... Update May 26, Alvarado Hospital done with ICE - Where detainees with mental illness will go now is unclear (archived 6/11/09)

Schwarzenegger proposes to slash $2.8 billion more from state programs

Urgent to call Assembly & Senate members before June 5 to protest devastating budget cuts to low-income Californians with disabilities. Here are the links to phone numbers for Senate members and phone numbers for Assembly members.

For the third time in as many weeks, Gov. Arnold Schwarzenegger on Friday proposed slashing state programs by billions of dollars to wipe out a deficit that seems to be growing by the day. The cuts would eliminate in-home nursing for all but the neediest patients, such as those who can't breathe or walk on their own ... grab $550 million from counties that is currently used to provide social services for the poor ... cut funding for schools and community colleges by an additional $680 million while eliminating state funding for school buses, bringing the total education cuts Schwarzenegger has suggested to more than $6 billion. The program that provides in-home care for the elderly would be all but shuttered under Schwarzenegger's latest plans. ... About 387,000 of the 420,000 people now served would no longer be eligible, according to Deborah Doctor, a disability advocate with extensive knowledge of the program. Read more here about the new budget cuts ...

Federal investigations of restraint and seclusion of children in schools confirm abuse levels that are prompting new California bill

Sacramento, CA - On May 19, Congressman George Miller (D-California), chair of the House Education and Labor Committee, held a hearing to examine abusive and deadly uses of seclusion and restraint of children in U.S. schools. His opening statement summarized reports on these dangerous practices: "Recent news reports document appalling stories of teachers tying children to chairs, taping their mouths shut, using handcuffs, denying them food, fracturing bones, locking them in small, dark places and sitting on them until they turn blue ... Every year in schools in the U.S., hundreds and hundreds of children are the victims of abuse and in some cases ... almost torture." Read about Disability Rights California's new bill to introduce restraint safeguards ...

Governor proposes additional drastic cuts to disability programs and services

Governor Schwarzenegger released his fiscal year 2009-10 Budget Revision (May Revise) on May 14, to close the budget gap that has widened since the 2009-2010 budget agreement was signed in February. California voters rejected the budget propositions, and the shortfall is now estimated at $21 billion. Click here to see Disability Rights California's quick summary of the most significant proposals that impact people with disabilities ... (archived 6/1/09)

Hot topics archived May 2009

All out advocacy agenda for Capitol Action Day in Sacramento, May 27: Please show up!

The disproportionate hardships of the budget cuts on Californians with disabilities and seniors is prompting a large turnout of advocates for Capitol Action Day. As is traditional, a rally and public education events will take place in the morning, followed by legislative visits in the afternoon. But, this year, coincidentally, the Legislature's Budget Conference Committee is holding its first public hearings May 27 on how the budget will impact health and human service programs. The full schedule is as follows, with thanks to Marty Omoto's advocacy press service:
Capitol Action Day - 10:00 march from corner of 6th St. and Capitol Ave. to the Capitol West Steps; 11:00-12:30 Educational rally, focusing on 10th anniversary of Olmstead decision by Supreme Court, featuring remarks by Lois Curtis of Georgia, surviving plaintiff from the Olmstead case.
Post-Capitol Action Day Rally against IHSS cuts.
Budget Conference Committee Hearings - State Capitol, Room 4203 - 9:00-10:30 Medi-Cal, Healthy Families Program; 10:00-11:30 Public Health; 1:30-3:00 In Home Supportive Services; 3:00-4:00 CalWORKS, SSI/SSP, CA Food Assistance Program, Cash Assistance Program for Immigrants; 4:00-5:00 Child Welfare Services, Foster Care. Get more details here about the march, educational rally, legislative visits and budgets ... (archived 5/28/09)

May 19 special election ballot measure positions

In unprecedented form, the governor and the legislature introduced, negotiated, and passed an 18-month budget deal to address an estimated $42 billion budget shortfall through June 2010. Part of their budget deal depends on the passage of five propositions placed on the May 19 ballot. Here are Disability Rights California’s position statements: No on Proposition 1-A, No on Proposition 1-B, Yes on Proposition 1-C, Yes on Proposition 1-D and No on Proposition 1-E (archived 5/19/09)

Disability Rights California hosting Election Day Voter Hotline for people with disabilities on May 19

Californians with disabilities who are voting in the special statewide election on May 19 have an ally in assuring full and equal access to the process. With funding from the Help America Vote Act, Disability Rights California is operating a toll-free hotline for voters with disabilities who have difficulty accessing polling places, casting ballots or have questions about voting. The toll-free number for voice calls is: 800-776-5746. The toll-free number for TTY calls is: 800-719-5798. For more information about the Voter Hotline, click here ... (archived 5/19/09)

State justices to examine disability damages

California Supreme Court Justices. Photo: EPM Photographics, E. Patrick Morris Small businesses are urging the California Supreme Court to reduce the amount of damages available for violations of the Americans with Disabilities Act, a move they say will cut the number of greedy plaintiffs using the law for personal gain. But advocates for people with disabilities say the threat of substantial penalties is crucial in getting businesses to improve access.

"What we have is massive violations of the ADA and we need every tool we can get," said Ann Menasche of Disability Rights California. Read more here about why we need substantial penalties to convince business to provide access for everyone ... (archived 5/19/09)

National Disability Rights Network applauds Rep. Miller and GAO for investigating disturbing seclusion and restraint practices in schools - House Committee to hold hearing Tuesday on recently completed GAO investigation

United States Representative George Miller The National Disability Rights Network (NDRN), which released a startling report in January detailing abuse and deadly use of seclusion and restraint in U.S. schools, applauds U.S. Rep. George Miller (D-CA) for holding a hearing tomorrow to review the findings of a recently completed U.S. Government Accountability Office investigation into the issue. The full House Committee on Education & Labor, chaired by Rep. Miller, will hold a hearing Tuesday, May 19, at 10 a.m. (2175 Rayburn H.O.B), to review the GAO findings and further examine the issue. Find more details on the investigation and about scheduled Congressional hearings in the PR Newswire ... (archived 5/19/09)

Abusive restraint and seclusion tactics widespread, says report

In more than 70 percent of cases where abusive interventions were used with children with disabilities at school, parents did not consent to seclusion and restraint tactics, according to a report released this week by the Council of Parent Attorneys and Advocates (COPAA). The report is based on a national survey by the group of parents, advocates and attorneys who advocate for appropriate educational services for those with disabilities. Learn more here about current seclusion and restraint practices in schools ... and read the complete COPAA report here ... (archived 5/18/09)

You are invited to join an informational picket of "Psycho Donuts" this weekend in Campbell to promote disability awareness

Advocates are organizing an informational picket of Psycho Donuts on the mornings of May 16 and 17, in order to raise public awareness about stigma and discrimination aimed at people with mental health disabilities. The shop sells donuts with names such as "massive head trauma" and "bi-polar," provides customers with opportunities for photographs in a strait jacket and padded cell, and management describes the experience as "a light hearted insane asylum." Check here for details about picketing Psycho Donuts to promote disability awareness ... (archived 5/18/09)

Disability Rights California needs to hear from you!

Disability Rights California, California’s Protection and Advocacy system, is developing its Advocacy Plan. This Plan shows the priorities and activities that we will work on during the next year. We would like you to tell us what is important to you. Please take a few minutes and complete our survey. Click HERE to begin.

Action Alert - Federal agencies seek public comments on the new mental health parity law

The U.S. Departments of Labor, Health and Human Services (HHS) and the Treasury have published an official request for public comments on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Public Law 110-343) prior to further rulemaking and publication of regulations for implementation of the law. The Federal Register announcement can be found at http://edocket.access.gpo.gov/2009/pdf/E9-9629.pdf.

Lois Curtis will join in the May 27th Disability Capitol Action Day at the State Capitol in Sacramento

Lois Curtis, surviving plaintiff in the Olmstead decision Lois Curtis, an artist and one of the two women with disabilities who filed the lawsuit that resulted in the 1999 US Supreme Court “Olmstead Decision,” will join in the May 27th Disability Capitol Action Day at the State Capitol in Sacramento. Read more here about Lois Curtis ..., and see a brochure of Ms. Curtis's art work. (archived 5/13/09)

Abilities Expo: The nation's leading event for the disabilities market is coming to Anaheim, Caifornia, May 29-31, 2009

Abilities Expo logo Excitement is building for the upcoming Abilities Expo Southern California that will bring the disability marketplace together to see new products, learn about advances in technology and provide education courses. The event will be held May 29-31 at the Anaheim Convention Center. Read more about the 2009 Abilities Expo here ... (archived 5/12/09)

Update on In-Home Supportive Services (IHSS) bills

Here is a California Disability Community Action Network (CDCAN) corrected update on bills in the California Legislature that have some direct impact to In-Home Supportive Services (IHSS), as of Monday morning (May 4) ... (archived 5/12/09)

Major class action case settled: 7000 Californians with develop- mental disabilities could live in community instead of institutions

Lady Justice On April 24, Judge Robert Freedman granted final approval of the settlement agreement in Capitol People First et al v. Department of Developmental Service et al. The case was litigated by Disability Rights California in order to expand support and opportunities for community living for many people living in California’s segregated institutions. Read more in our press release, settlement summary, settlement agreement and fact sheet on community living. (archived 5/12/09)

Special Master appointed in Katie A. v. Bonta, to streamline mental health services for California children in foster system

three girls arm in arm, photo: Jeffrey High Rick Saletta began April 15 in a one year position to help all parties in this class action case determine how to provide wrap-around community-based services for foster children and youth with mental disabilities, and to avoid out-of-home placements. Disability Rights California served as co-counsel in the suit and background information appears in the current issue of Youth Law News ... (archived 5/7/09)

Applications invited for new California Commission on Disability Access

One of the results of the passage of SB 1608 last year is the creation of a California Commission on Disability Access which will report to the Legislature on the status of access compliance throughout the state. The Commission will consist of 11 public members and 6 ex-officio (nonvoting) members. In addition to members appointed by the Senate and Assembly, the Governor will appoint 7 public members: 4 from the disability community and 3 from the business community. To apply or obtain information about these appointments, contact: Senate Rules Committee 916.651.4151 or Assembly Speaker's Office 916.319.3736 (archived 5/7/09)

Hot topics archived April 2009

African proverb: “When you pray - move your feet!"

No more cuts - March and sidewalk demonstration for rights of people with disabilities, mental health needs and seniors, low-income workers and families. Join in demonstrations for the rights of people with disabilities, people with mental health needs, seniors, low-income workers and families. May 7: sidewalk demonstration for the rights of people with disabilities, mental health needs, seniors; L Street at 11th Street, facing the State Capitol. Learn more here about how you can make a difference ... (archived 4/31/09)

Key health measures pass Assembly Health Committee

The Assembly Health Committee on Tuesday approved measures that would expand guarantees of coverage to Californians who are underinsured, uninsured, or inadequately served by their health care providers. AB 214 (Chesbro), sponsored by Disability Rights California, was among the bills that passed. AB 214 would require health plans to cover physician-ordered durable medical equipment such as wheelchairs, canes, support lifts, oxygen tanks and more, at the same level the private providers would cover medical services. The bills will go next to the Assembly Appropriations Committee. (archived 4/31/09)

Print, large print and audio versions of the Official Ballot Information Guide are available for the May 19 election

Complete information about the six ballot propositions (1A-1F) on the May 19 special election ballot is available on the Secretary of State's website. Information includes analyses and recommendations pro and con. You can print the information in large or regular print. Or you can listen to or download the audiofiles. Find out more about voting in California - in alternative formats and in languages other than English. (archived 4/31/09)

SSI benefits are being cut

On May 1, 2009, and again on July 1, 2009, Supplemental Security Income/State Supplementary Payment (SSI/SSP) rates will be cut. Benefits are being cut because of state budget cuts. The California Legislature passed a state budget containing these cuts and the Governor signed it. These cuts have been enacted into law. The Social Security Administration (SSA) is now sending out notices notifying recipients of the May 1 cuts. SSA will send additional notices, probably in June, notifying recipients of the July 1 cuts. Read more about cuts in SSI and SSP benefits ... (archived 4/31/09)

Social Security settles lawsuit; in most cases, will no longer deny benefits solely because of outstanding warrants

Social Security law and regulations say that to deny or stop benefits because of an outstanding felony warrant, there has to be a determination that the person is “fleeing” with the specific intent to avoid prosecution or confinement. Disability Rights California joined the National Senior Citizens Law Center, Munger, Tolles & Olson and other organizations in Martinez v. Astrue, a nationwide class action that challenged Social Security’s policy of denying or stopping benefits based solely on the existence of a warrant without considering whether or not the person was also “fleeing.” In addition to changing its policy going forward, Social Security agreed to provide back benefits to some and reinstatement to others who are not currently on benefits. The settlement agreement is waiting for the Court’s approval. Learn more here about the settlement and what you can do to help those hurt by Social Security’s illegal policy. (archived 4/31/09)

Capitol People First class action lawsuit approved for settlement

Lady of Justice On January 30, 2009, Alameda County Superior Court Judge Robert Freedman granted preliminary approval of the class action settlement agreement in Capitol People First et al. v. Department of Developmental Services et al. Disability Rights California filed this case in 2002 on behalf of 7000 Californians with developmental disabilities living in large institutions. Click here to see the notice of settlement and learn more about the final hearing on April 24, 2009 ..., and click here to read the proposed final settlement agreement, including Exhibits A and B ... (archived 4/27/09)

Approximately 123,000 people on any given night are chronically homeless throughout America

The Soloist, starring Jamie Foxx and Robert Downey, Jr., directed by Joe Wright, will be released by Paramount Pictures to theaters nationwide on April 24th. On April 15th, there will be a Capitol Hill briefing called "Honoring The Soloist - A Congressional Briefing on Homelessness and Mental Illness." The program will focus on the issues of mental health and homelessness, and the fight to end chronic homelessness. Learn more here about the Capitol Hill briefing ... and find out why "The Soloist: A Lost Dream, an Unlikely Friendship and the Redemptive Power of Music," a film based on the award winning book by Steve Lopez, a Los Angeles Times journalist, is being honored ... (archived 4/22/09)

April 22 Sacramento Sidewalk rally about cuts to regional centers

From 11 a.m. to 1 p.m., advocates and allies will hold a march and demonstration in front of Sacramento's Convention Center to protest the cuts to California's regional centers serving people with developmental disabilities. Then at 1, the Assembly's budget subcomittee on health and human services will take public testimony about the impact of these cuts. Read more on this topic at the CDCAN website... (archived 4/22/09)

American Association of People with Disabilities reminds advocates to make sure Stimulus Bill results in accessible services and products

AAPD Attends White House Briefing on Stimulus Funds AAPD was among several national disability organizations invited to attend the April 9 White House briefing on the status of the American Recovery and Reinvestment Act. Read more on the JFActivist blog... (archived 4/22/09)

As eyes and ears for police, man with cerebral palsy pays society back, disabilityscoop, 4/10/09 (archived 4/18/09)

College Hospital to pay $1.6 million in homeless dumping settlement, Los Angeles Times, 4/9/09 (archived 4/18/09)

School improves access for students with disabiliities, San Francisco Chronicle, 4/7/09 (archived 4/18/09)

Letter to the Editor sent to the San Jose Mercury News about Psycho Donut Shop by Silicon Valley Independent Living Center, IndyBay - South Bay, 4/2/09; CBS news includes mental health advocate's views, CBS 5, 4/8/09 (archived 4/18/09)

Top ten mistakes parents make in IEP meetings, Matt Foley, M.Ed and DeAnn Hyatt Foley, M.Ed., Parents, Lubbock, Texas, 3/23/09 (archived 4/18/09)

After 120 years, Agnews Developmental Center closes

Mercury News archives. This is an historical photograph of Agnews Hospital, taken before the 1906 earthquake that damaged the structure and killed over 100 patients. After sitting outside with her son so he could feel the wind in his hair, Gail Bowen finished packing his toys and clothes, then leaned over to tell him the news.

"Michael, this is the last time you'll be here, son," she said last week in the hallway of Agnews Developmental Center, where 32-year-old Michael Kauss, who is severely mentally retarded, has lived for the past 22 years. "You're going to a new home."

Congressman seeks probe into school 'Quiet Rooms'

Representative George Miller A year-long CBS 5 investigation into the practice of locking school children up in closet-like "quiet rooms" is going national. Over the past year, CBS5 Investigates uncovered numerous incidents in which children in classrooms all over the state were being forcibly pinned down to the ground and locked up in closets, just for misbehaving. Now, East Bay Congressman George Miller has asked the U.S. Government Accountability Office to conduct a nationwide investigation. Read more about the investigation here ... and watch a CBS 5 video on the "Quiet Room" investigations here ... (archived 4/15/09)

It's that time of year again

It's that time of year again - tax time Here is some tax information that may be of interest to people with disabilities. For California residents, the information includes renter and homeowner income tax credits, the property tax postponement program, and the Disabled Access income tax credit for small businesses. Federal listings include a website that groups information about tax benefits for people with disabilities all in one place, and a list of principal federal tax programs. (archived 4/14/09)

Art & Disability Show open until April 11

Worth Ryder Gallery, 116 Kroeber Hall, University of California at Berkeley, California. The gallery and show is open Tuesday-Friday, from 12:00-4:00. The show will culminate in a conference, "Diversifying Hip-Hop: Krip-Hop and Homo-Hop" on Saturday, April 11, same place, from 2:00-9:00. Click here for the Krip-Hop event flyer. (archived 4/13/09)

Budget crisis documents archived April 2009

Positions on FY 2009-2010 State budget proposals affecting people with developmental disabilities, Ellen Goldblatt, Disability Rights California, 1/30/09 (archived 4/9/09)

Governor’s 2009-2010 Budget: Proposals Impacting Persons with Disabilities, Disability Rights California, 1/5/09 (archived 4/9/09)

Disability Rights California's update on proposed mental health cuts, plans to raise levies to close budget gap, 12/16/08 (archived 4/9/09)

Quick and dirty analysis of Governor’s special budget session, Disability Rights California, 11/6/08 (archived 4/9/09)

Call to action, Disability Rights California, 11/12/08 (archived 4/9/09)

Mental Health Services Act (Proposition 63) in the State Budget, Senator Darrell Steinberg, 2/24/09 (archived 4/9/09)

Daniel Weintraub: Proposed cuts show depth of state crisis, The Sacramento Bee, 1/28/09 (archived 4/9/09)

December 31 summary of Governor's 2009-2010 budget, CDCAN, 12/31/08 (archived 4/9/09)

Budget Proposals for In-Home Supportive Services (IHSS), Quality Home Care Coalition, 12/10/08 (archived 4/9/09)

The Conversation: Proposed cuts would hit disabled people too hard, Daniel Weintraub, Sacramento Bee, 11/23/08 (archived 4/9/09)

Medicaid reductions and people with disabilities, Steve Gold Information Bulletin #266, 11/8/08 (archived 4/9/09)

California's budget: How it will affect Californians with developmental disabilities, State Council on Developmental Disabilities, 11/6/08 (archived 4/9/09)

Analysis of Governor's budget proposals and their effects, County Welfare Directors Association of California, 11/6/08 (archived 4/9/09)

Budget Related (Trailer Bill) Language Impacting Regional Centers, CDCAN, 2/16/09 (archived 4/9/09)

San Diegans march: Where's my bailout?, San Diego 6, 2/13/09 (archived 4/9/09)

State Controller's office clarifies SSI/SSP February payment questions, CDCAN, 1/23/09 (archived 4/9/09)

Hundreds protest against Governor’s spending cut proposals, CDCAN, 1/17/09 (archived 4/9/09)

Contesting cuts: Protest staged at Capitol, The Sacramento Bee, 1/15/09 (archived 4/9/09)

Schwarzenegger: Deficit is 'rock upon our chest', San Francisco Chronicle, 1/15/09 (archived 4/9/09)

"State of the State" address set January 15th at 10:00 a.m. - Advocates plan sidewalk protest, CDCAN, 1/9/09 (archived 4/9/09)

The Governor released the specifics of his budget proposals for 2009-2010 on January 9, 2009. This document gives a quick summary of the major proposals that affect people with disabilities, as well as some practical suggestions for the legislature to make programs more effective and efficient, 2/5/09 (archived 4/9/09)

Governor will meet with legislative leaders Thursday, January 8, CDCAN, 1/7/09 (archived 4/9/09)

Budget crisis deepens, talks collapse, CDCAN, 1/6/09 (archived 4/9/09)

December 31 summary of Governor's 2009-2010 budget, CDCAN, 12/31/08 (archived 4/9/09)

With the State budget crisis growing worse each day, Governor Arnold Schwarzenegger, Senate President Pro Tem Darrell Steinberg and Assembly Speaker Karen Bass met December 23 and will meet next on December 26 in hopes of working out a compromise solution, CDCAN, 12/23/08 (archived 4/9/09)

Governor hopeful that budget crisis deal with Democratic leaders close, CDCAN, 12/22/08 (archived 4/9/09)

Budget crisis worsens with stalemate – Major impact to people with disabilities, mental health needs, seniors and low income families, CDCAN, 12/19/08 (archived 4/9/09)

Governor Arnold Schwarzenegger addresses talks to legislators about his threatened budget veto on December 18 Governor threatens veto of Democrat's deficit reduction plan; Assembly Speaker Bass and Treasurer Lockyer respond, CDCAN, 12/18/08 (archived 4/9/09)

Steinberg, Bass take another crack at rooting out wasted state dollars, The Sacramento Bee, 12/14/08 (archived 4/9/09)

Governor declares "fiscal emergency", CDCAN, 12/1/08 (archived 4/9/09)

Momentum grows to save renters rebate, BeyondChron, 11/20/08 (archived 4/9/09)

California veterans celebrate national holiday by joining seniors and disabled in protesting Schwarzenegger budget cuts, California Progress Report, 11/11/08 (archived 4/9/09)

Hearings and meetings update for March 10, 11, 13, 16, 17 and 18, CDCAN, 3/8/09 (archived 4/9/09)

March 17 budget meeting - $10 billion in Federal money key to avoiding several cuts to IHSS, SSI/SSP grant, Medi-Cal optional benefits, CalWORKS grant, CDCAN, 3/5/09 (archived 4/9/09)

California's Medicaid Program: Important Medi-Cal "Stakeholder Meetings" - February 17, Multipurpose Senior Services Program Waiver - February 19, Intermediate Care Facilities, DD-CN Pilot Waiver, CDCAN, 2/10/09 (archived 4/9/09)

On February 19, 2009 DDS will host the first of at least two public forums to receive input from consumers, family members, service providers and other stakeholders on possible cost containment strategies, including but not limited to those identified in Controlling Regional Center Costs Report which is available on the department’s web site at www.dds.ca.gov, Department of Developmental Services, 2/11/09 (archived 4/9/09)

California budget crisis: Senate Budget Committee hearing schedule, CDCAN, 12/1/09 (archived 4/9/09)

Job openings

The California Foundation for Independent Living Centers seeks to hire a Statewide Community Organizer. This is a full-time position based in Sacramento. Candidates must also be able to organize advocacy campaigns in-person and over the internet, educate, motivate, build and expand community engagement. The successful candidate must have experience in working with diverse disability communities and organizing large, accessible, statewide events. Get the details on this job opening and nine more jobs here ...

Area 4 Board forum on budget impact April 2, 6:00 p.m.

A large crowd is expected tonight at a forum on the impact of the State budget on services for people with developmental disabilities. Organized by the Area 4 Developmental Disabilities Board, the forum will be from 6:00 to 8:30 p.m., at the Solano County Office of Education meeting rooms, 5100 Business Center Drive, Fairfield. Catherine Blakemore, executive director of Disability Rights California, will be one of the eight panelists. Learn more here about the forum, topics, featured speakers and more ...

You are invited to 11 a.m. April 1 rally in Sacramento to demand restoration of IHSS funds

The benefits Michelle Sanchez receives from SSI and IHSS greatly improve her quality of life ...

A coalition of advocacy groups is organizing a rally on Wednesday on the west steps of the state capitol to convince legislators to restore funding for the In-Home Supportive Services program for seniors and people with disabilities. Major cuts are slated to go into effect shortly because the threshhold was not reached to trigger federal funding to cover the costs.

IHSS funding for help with meals, bathing and keeping medical appointments is often the only support for low-income seniors and people with disabilities who want to remain in their homes instead of moving to more expensive nursing homes. In economic downturns, IHSS funds are often threatened, but time after time bipartisan support has been found for these services which are both cost-effective and humane. Disability Rights California is a member of the IHSS coalition, the main organizer of the event.

Advocates rally as lawmakers reintroduce Community Choice Act

Disability rights advocates from across the country gathered in the nation's capital Tuesday as U.S. Senator Tom Harkin of Iowa, and Congressman Danny Davis of Illinois introduced the latest version of the Community Choice Act into the Senate and the House of Representatives. Read more here in the Inclusion Daily Express ...

Meeting the transportation challenge

paratransit van service in California From now until March 31 you can tell the Federal Transit Administration how to improve public transportation for people with disabilities. Click here to take the online survey ... and click here to learn more about the survey and how to respond by telephone, or get a paper copy of the survey ...

Disability Rights California joins advocacy groups objecting to proposed settlement banning Segways from Walt Disney park

We have joined other disability rights groups in objecting to a proposed settlement between Disney and several individuals that would ban the use of Segways, a new mobility device, in all Walt Disney parks and require those who need the devices to rent a similar device provided by Disney. Some groups will attend the March 31 hearing about the settlement to be held by the Federal Court in Orlando, Florida. According to Attorney Fred Nisen of the Oakland office, our objections are that the replacement device would have to be rented, and that the settlement would cover California parks even though the original complaints concerned the Disney park in Orlando. Read more here in a press release by DRAFT, a technology access group ...

Hot topics archived March 2009

Who will care? We do. You will too.

Help us stop the caregiver crisis. The Alliance for Full Participation (AFP) has announced a national effort to increase employment for people with developmental disabilities, who want and need real jobs like everyone else. Learn more in AFP's press release ... and find more information at Who will care? ... (archived 3/25/09)

Alert: Community Choices Act to be introduced by Senator Harkin, March 24 on Capitol Hill - join in live teleconferences from California independent living sites

This major development supported by the disability community nationwide is summarized by the California Foundation for Independent Living Centers. Learn more about how to join these live teleconferences ... (archived 3/25/09)

Disability Rights California’s proposals for values-based cost savings in the Developmental Disabilities System

Budget decisions must reflect the values of inclusion, independence, and self-reliance for people with disabilities. Cuts that result in institutionalization and segregation result in higher costs to the State and move California in the wrong direction. And such cuts do not advance compliance with the integration mandates of the Lanterman Act, the Americans with Disabilities Act, and the Olmstead decision. Read more here about how our cost savings proposals can avoid additional cuts ... (archived 3/25/09)

Nominations are open for the 2009 Sandra Jensen Award

We need your help finding a self-advocate who has made an important contribution to the self-advocacy movement or to the developmental disability community - a specific achievement, life-long work or another reason you think they deserve this award. The award will be presented at the statewide self-advocacy conference in Sacramento on June 13. Click here to learn more about the Sandra Jensen award, and to download or fill out a nomination form ... (archived 3/25/09)

Protest march - Tuesday, March 17, 2009, 9:30 a.m.

Join a sidewalk demonstration outside the State Treasurer's Office, 915 Capitol Mall, Sacramento - for rights of people with disabilities, mental health needs, seniors and against budget cuts that could happen if not enough federal money ($10 billion) comes to California during the 2009-2010 State Budget year that begins July 1, 2009. Learn more about the protest for people’s rights to live in the community and against specific budget cuts ... (archived 3/25/09)

Mental Disability Rights International (MDRI) to receive the American Psychiatric Association’s 2009 Human Rights Award

The award is given to “individuals and organizations whose efforts exemplify the capacity of human beings to act courageously and effectively to prevent human rights violations, to protect others from human rights violations and their psychiatric consequences, or help victims recover from human rights abuses.” Read more here about this prestigious award ... (archived 3/9/09)

Governor signs budget full of compromises

The agonizing finale to California's budget drama last week was not a pretty sight. Side deals were cut in the wee hours of the night to secure a single vote. Politicians' hair sported a greasy sheen after days without showers. Legislators decried the last-minute horse-trading as a sham even as they signed off on it. Read more about the new state budget here ... (archived 3/5/09)

Costa Rica awaits 12 Americans with disabilities, ages 18-24

Participants in Costa Rica immersion program for youth with disabilities enjoy a game of basketball Live with a host family. Learn Spanish through immersion. Learn about disability rights and leadership. Go abroad with Mobility International USA June 26-July 12, 2009. Generous scholarships are available. Applications are due March 20, 2009. Find out more here about how you can participate ...(archived 3/5/09)

EEOC seeks public comment on proposed regulations implementing Genetic Information Non-discrimination Act (GINA)

At the EEOC's February 25 meeting, a panel of experts hailed GINA for allowing people to advance their health care without risking their jobs. At the same meeting, the EEOC opened a 60-day public comment period on the proposed rule-making. Learn more here about GINA, which was signed into law in May 2008 ... and about the February 25 meeting and comments period ... (archived 3/3/09)

If you want to ride your Segway to meet Mickey & Goofy, this is your last chance

Meredy Jenkins, a graphic designer, uses her Segway HT to get around her neighborhood in Orlando, Fla. Jenkins, who has multiple sclerosis, is one of several people with walking problems who are upset that Walt Disney World won't let the Segways into its parks. A proposed settlement in a class-action against Disney World brought by people with disabilities who rely on Segways would forever ban anyone with a disability from using their Segway at Disney World and Disneyland, and force them to instead rent an upright mobility device at $35 per day (plus deposit) developed for the parks. Unless the court receives enough objections by March 1, the settlement will be final. Here is an objection form you can fill in on line and submit directly to the court ... (archived 3/3/09)

Final public forum to hear public input on cuts to regional center budgets

* Monday, March 2, 1:00-4:00 p.m., Ronald Reagan State Office Bldg., 300 S. Spring St., Los Angeles, toll free call-in #1-800-230-1047
* More information here about the public forums hosted by the Department of Developmental Services ... (archived 3/2/09)

Hot topics archived February 2009

Final two public forums to hear public input on cuts to regional center budgets

* February 27 (Friday), 3:30-6:30 p.m., Elihu M. Harris State Office Building, 1515 Clay Street, Oakland, toll free call-in #1-800-230-1085
* March 2 (Monday), 1:00-4:00 p.m., Ronald Reagan State Office Building, 300 South Spring Street, Los Angeles, toll free call-in #1-800-230-1047
* More information here about these public forums hosted by the Department of Developmental Services ... (archived 2/27/09)

Deadline extended to February 27, 2009

February 27 is now the last day to apply to attend the Youth Leadership Forum for Students with Disabilities (YLF) July 26-30, 2009 (archived 2/27/09)

San Diegans march: Where's my bailout?

Chants of "save our services, save our state" permeated the streets of Downtown San Diego, near Horton Plaza. More than a dozen unions joined together to protest the potential budget deal being negotiated in Sacramento. Among those protesting was Ruben Ceballos, who has cerebral palsy. "Everyday I need assistance getting out of bed, getting ready for work, and getting to work" he said. Learn more here about why San Diegans are looking for a bailout ... (archived 2/26/09)

State Legislature passes emergency budget plan

After five days of Capitol arm-twisting, Gov. Arnold Schwarzenegger and Senate Democrats secured a breakthrough GOP vote this morning that gave the necessary two-thirds majority to their plan to save the state from what they warned was impending financial ruin. Learn how the vote went through at at 6:55 a.m. on February 19 ... (archived 2/26/09)

Protests against cuts to Medi-Cal, other services

Demonstrate for the rights of children and adults with disabilities, mental health needs, seniors, low income children, their families, community organizations, and workers who provide supports, services and advocacy.
February 19, Sacramento, from 11:30 a.m. to 1:00 p.m., on the sidewalk in front of the Department of Health Care Services building, 1501 Capitol Avenue (near the Capitol). Learn more here about the 2/19 demonstration ... (archived 2/20/09)

Budget decisions must reflect the values of inclusion, independence, and self-reliance for people with disabilities

Cuts that result in people going into institutions move California backward in complying with the integration mandates of the Lanterman Act and Americans with Disabilities Act Olmstead decision, and will result in higher costs to the State. More about the 2009-2010 State budget proposals affecting people with developmental disabilities ... (archived 2/18/09)

Protest against Medi-Cal and other cuts February 18th in San Francisco

In response to the growing budget crisis and fears of the impact of major spending reductions, as previously announced in a CDCAN Action Alert, advocates (including Gray Panthers, CDCAN and others) have organized for February 18 from 9:00 to 11:00 AM a sidewalk protest for the rights of children and adults with disabilities, mental health needs, seniors, low income children – their families – community organizations and workers who provide supports, services and advocacy outside on the sidewalk in front of the San Francisco's federal 9th Circuit Court of Appeals Courthouse. Read more here about the 2/18 protest in San Francisco ... (archived 2/17/09)

It's time for the people's bailout

On Thursday, February 12, 2009, starting at 5:00 p.m., at 4th & Broadway in front of Horton Plaza in downtown San Diego, a coalition of community groups and organizations representing our county’s most vulnerable populations will gather to send a strong message to our legislators in Sacramento and Washington. Read more about the demonstration in a media advisory on the event ... and still more in the attached news release ... (archived 2/13/09)

People with disabilities get the last laugh on MTV's "News"

... "How's Your News?" isn't really "about" disabilities; it's just a chance to look through someone else's eyes and see the world in ways you've never seen it before. ... It's also a wickedly entertaining half-hour, one you'll never regret having surrendered to your television set. For more about MTV's "How's Your News?" read Tom Shales' review in the The Washington Post ... Episode 1 will air on Sunday, February 8 at 10:30 p.m., and on the following 6 Sundays. Mark your calendars. Tell your friends. And check out the "How's your news?" Web site ... (archived 2/10/09)

Summer internships for college students with disabilities

Numerous organizations, such as Mitzubishi, Microsoft and the Federal Government, need Summer interns. Check out the lists of internship possibilities today, as some deadlines are drawing near ... (archived 2/10/09)

How's your news?

"How's Your News?" is a documentary film featuring friends from a Photo of the "How's Your News" tour bus summer camp on Martha's Vineyard who traveled cross-country and interviewed many people along the way. Hosted by and featuring people with developmental disabilities, a new MTV show, "How’s Your News?" Episode 1, will air on Sunday, February 8 at10:30 p.m.,and on the following 6 Sundays. Mark your calendars. Tell your friends. The "How's your news?" Web site also features videos, news, background, biographies, photos, music, and more ... (archived 2/10/09)

National report released on restraint & seclusion of children with disabilities

A disturbing new report issued by the congressionally mandated National Disability Rights Network documents incidents from across the country of a problem that fewer than half of states address: the restraint and seclusion of disabled school children. Read more here about the investigation and report ... You can also download the NRDN report, "School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools", and the CBS 5 report, "'Quiet room' use in schools".

Daniel Weintraub: Proposed cuts show depth of state crisis

For all the grief Gov. Arnold Schwarzenegger is taking from the right for proposing to raise taxes, you would think he was a fiscal softy who is willing to let state spending grow out of control. ... In the social services budget alone, Schwarzenegger is proposing a 15 percent cut in spending on aid to the poor and the disabled from this year to next, and an even deeper reduction from what the state would spend next year if all the programs were allowed to grow as required by current law. Continue reading Daniel Weintraub's column about the state's fiscal crisis ... (archived 2/5/09)

Hot topics archived January 2009

State may delay tax refunds, disability checks

State Controller John Chiang warned Friday that he will delay nearly $3.7 billion in state payments in February - including income tax refunds and help for low-income and disabled residents - unless Gov. Arnold Schwarzenegger and lawmakers strike a budget deal for the cash-strapped state by end of this month. Learn more about the budget crisis in a San Francisco Chronicle article and a CBS 5 video ... (archived 1/29/09)

California Youth Leadership Forum for Students with Disabilities

An invitation for California high school juniors and seniors who have disabilities to apply to come to Sacramento and attend the California Youth Leadership Forum July 26-30, 2009. Students will have the opportunity to live on a college campus and join more than 900 alumni from across the state that have been a part of this unique five-day program created specifically for young leaders with disabilities. There is no cost to attend! Learn more here about how you can attend the Youth Leadership Forum .. (archived 1/22/09)

Disabilities become big challenge for inauguration

Bob Coward's test run from the Capitol to the Lincoln Memorial last weekend provided him an early glimpse of the challenges he and other people with disabilities could face next Tuesday, when President-elect Barack Obama is sworn in. And he saw a few things that caused concern: There were missing curb cuts on some sidewalks. A cable line cover caused him to pitch dangerously forward in his chair as he crossed. And as workers mounted viewing stands on Pennsylvania Avenue, he wondered where the elevated platforms would be for people like him. Learn more about accessibility preparations for the January 20 inauguration ... (archived 1/21/09)

Action Alert - Get Up - Stand Up - For Our Rights

Protest for the rights of children and adults with disabilities, mental health needs, seniors, low income children, their families, community organizations and workers who provide supports, services and advocacy. Thursday, January 15, 9:30-11:00 a.m., on the sidewalk on L Street facing the California State Capitol. The protest coincides with the Governor's "State of the State" message scheduled for 10:00 a.m. in the Assembly Chambers. Find out more about the protest march ... (archived 1/16/09)

Accessibility at the 2009 Presidential Inauguration

For information about accessibility options for the 2009 Presidential Inauguration, including sign language interpreter locations and open captioning options, click here; or contact Mazen Basrawi, Disability Liaison for the Presidential Inauguration, at mbasrawi@pic2009.org. (archived 1/14/09)

National Disability Rights Network to release shocking report on seclusion and restraint in U.S. schools

At a media briefing on January 13 on Capitol Hill, the National Disability Rights Network (NDRN) will unveil a disturbing national report on seclusion and restraint in U.S. schools and call on the Obama Administration and the 111th Congress to introduce a national ban on seclusion and prone restraint practices in schools nationwide. Read more about the report and media briefing in NDRN's press release ... (archived 1/13/09)

Woodrow Falls, Jr., named plaintiff in Chambers lawsuit, moves out of Laguna Honda Hospital into community

On December 10, 2008, Mr. Falls, a San Francisco native and a Vietnam veteran, moved into a one bedroom, fully accessible apartment in a senior housing complex. The building is brand new, and provides on site services including social workers and medical staff. In addition to these services, the building boasts a variety of common areas, including a rooftop where residents can garden or enjoy the views of San Francisco, or both. It is a far cry from Mr. Falls' open ward at Laguna Honda. Read more here about Mr. Falls' new apartment and his visitor, the Honorable William Alsup ... (archived 1/13/09)

Call for exhibition proposals about disability & culture - February 20, 2009

VSA arts encourages curators, researchers, and artists from the university and museum communities, including those with disabilities, to incorporate the work of artists with disabilities into their exhibitions. Learn more here about the call for exhibitions proposals ... (archived 1/13/09)

Governor will meet with legislative leaders Thursday, January 8

SACRAMENTO (CDCAN) - Governor Arnold Schwarzenegger said today (January 7th) in a press conference at the State Capitol that he will meet with both Democratic and Republican Legislative leaders on Thursday to re-start the stalled talks to resolve the State’s worsening budget crisis, though the Governor, and the Legislative Democratic and Republican leaders remain far apart on the issues of raising taxes and making deeper spending cuts. Read more on the budget crisis, with a transcript of the Governor's January 8 speech ...

Governor’s 2009-2010 budget: Proposals impacting persons with disabilities

While people with disabilities scrambled to adjust their already stretched budgets and cope with the loss of vital services, the economy worsened. In response to the worsening economy and more budget shortfalls, the Governor proposed additional mid-year cuts were not adopted. If a budget is not passed quickly, the state predicts a budget shortfall of over $41 billion by June 2010. Read more here about the Governor's budget ...

Budget crisis deepens, talks collapse

Talks between Governor Arnold Schwarzenegger and the two Democratic legislative leaders, Senate President Pro Tem Darrell Steinberg (D-Sac) and Assembly Speaker Karen Bass (D-LA), collapsed this afternoon with no agreement while the State's budget crisis grows worse. California faces a budget shortfall now projected at nearly $42 billion by the end of the 2009-2010 State Budget year (June 30, 2010). Learn more in CDCAN's June 6 report on how the crisis will impact people with disabilities ... (archived 1/8/09)

December 31 summary of Governor's 2009-2010 budget

Sacramento (CDCAN) - Department of Finance director Mike Genest released late this morning an 84 page summary of major parts of the Governor's proposed 2009-2010 State Budget that the Governor will officially release next week. The summary outlines over $40 billion in proposed solutions, including $17 billion in spending cuts and about $14 billion in revenues, with significant reductions proposed for health and human services. The budget deficit is now estimated to be over $41 billion by the end of the 2009-2010 State Budget year (June 30, 2010). Find out here where the budget cuts fall hardest ... (archived 1/7/09)

January 8 is the deadline to apply for settlement of claims about the inaccessible Target website

Target logo If you are legally blind, live in the United States, and have tried to visit the Target.com website since February 7, 2003, you may have a claim. To learn more about possible claims, read the notice of settlement here .. (archived 1/7/09)

December 31 is deadline for 2009 Accessible America Competition - $25,000 prize

With just two weeks until the deadline, The National Organization on Disability (NOD) is putting out the final call for its Accessible America Contest. The eighth annual competition, open to all U.S. cities and towns, is sponsored by AARP. The winner will be announced in February 2009. Participants will showcase how citizens with disabilities are participating in and contributing to local community life. Learn more here about the Accessible America Contest ... (archived 1/5/09)

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