DISABILITY RIGHTS OREGON The Protection and Advocacy office for Oregon Opportunity, Access, Choice

LAWYERS FOR PEOPLE WITH DISABILITIES DRO is a Non-Profit Law Firm designated as Oregon’s Protection & Advocacy office. (P&A). Each state and territory has a P&A funded by the Federal Government. P&As have broad statutory powers to safeguard the human and civil rights of people with disabilities. Large group and limited time, please hold questions Introduce Alena We’ll both be available this afternoon for any questions . . . Table

Limitations of language “disability,” “mental illness” Acronyms and titles derived from federal statutes . . . We recognize the limitations of labels We recognize the uniqueness of all people Our approach to our clients is not about categorizing or labeling people based on their possible disability, rather we’re focused on what are this person’s rights and how can their needs be met? All of our clients have extraordinary abilities

DRO VISION Disability Rights Oregon has a vision of a society in which persons with disabilities have equality of opportunity, full participation and the ability to exercise meaningful choice. Opportunity, access, choice

DRO STRUCTURE 12 attorneys, 2 intake specialists, 3 advocates, lobbyist, 4 benefits planners and support staff. No cost, statewide for more than 600,000 Oregonians with disabilities. Governed by a volunteer board of directors. Advised by PAIMI Advisory Council

SPECIAL P&A POWERS Access to records Clients with their consent Those incapable of providing consent (if we suspect abuse or neglect) Access to facilities and residents To investigate complaints of abuse/neglect With probable cause to believe that abuse or neglect has occurred Monitoring Media report = probable cause

DRO Goals: Stopping Abuse and Neglect Providing Full Access to Community Participation Getting and Maintaining Quality Community Support Services Free and Appropriate Education for Children

STOPPING ABUSE & NEGLECT IN INSTITUTIONS Advocating for adequate treatment, care and services Avoiding forced medication, forced hospitalization and court procedures to restrict individual liberties. Investigating deaths of people in treatment care or correctional facilities Discovering & stopping improper seclusion & restraint Investigating complaints of abuse and neglect. “Institutions” = state hospital, but also residential treatment facilities, group homes, adult foster care, nursing homes, private hospitals, jails and prisons Last week I: Represented a patient at OSH and won him the right to refuse psych medications Represented an individual who had been institutionalized in hospitals or prisons for 30 years in a parole hearing

COMMUNITY INTEGRATION Monitoring compliance with US DOJ agreements with Portland Police and OSH Advocating for services in the least restrictive and most integrated setting Olmstead (1999) – held that people with disabilities are entitled to receive treatment in the least restrictive and most integrated setting possible Lois Curtis – one of the plaintiffs in the Olmstead case, who is now living in a home of her own and has a successful career as an artist.  Miranda B v. Kulongowski: settled in 2004, class action asserting that Oregon failed to develop an array of community-based mental health services, which resulted in unnecessary institutionalization of the plaintiffs.

ACCESS TO THE COMMUNITY Removing barriers in public places with an emphasis on education, transportation & the courts. Achieving reasonable accommodations for tenants to prevent homelessness and isolation. Increasing the supply of accessible and integrated housing through policy work. Protecting individuals against guardianships that cause significant restrictions on rights & freedoms. Working to achieve full participation in the electoral process. Individual level: Obtaining a RA that allows a client to maintain housing and prevent homelessness Protecting an individual against a proposed guardianship that would significantly restrict her freedom Systemic: Participating on committees at the state level to promote investment in community mental health, and specifically, delivery models that include peer support and scattered site supported housing that’s integrated into the community. Voter education and registration drives

ACCESS TO QUALITY HEALTHCARE AND COMMUNITY SUPPORT SERVICES Securing community services to remain safe and independent. Advocating for necessary services, including assistive technology. Expanding available health care through policy work. Examples: Advocating for an individual who has been “fired” from the available mental health services providers in her area, or Appealing a denial of a necessary medical or support service Systemic: Tracking implementation of the new Coordinated Care Organizations

SUPPORT OF INDEPENDENCE THROUGH EMPLOYMENT Assisting people receiving SSDI & SSI to obtain services and supports needed in their efforts to find and keep a job. Advocacy for people having problems with vocational rehabilitation Services. Getting reasonable accommodations in the work place. Getting jobs with real wages and advancement opportunities. Lane v. Ktizhaber: Class action challenging Oregon’s failure to offer options in addition to sheltered workshops to individual with DD Right to choose: Supported employment minimum wage, Integrated environment Choice of workplace and type of work

ACCESS TO A FREE AND APPROPRIATE EDUCATION FOR CHILDREN Preventing schools from keeping children out of school because of their disabilities. Stopping schools from using inappropriate restraints, seclusion, aversion techniques or police to deal with difficult behavior issues. Securing appropriate special education services, including transition services, in the most integrated environment. DOR filed 3 complaints with the fed Dept of Ed’s Office of Civil Rts regarding Oregon’s failure to provide a full-day education for children with behavioral challenges related to MI or autism

Olmstead v. L.C. (1999) The U.S. Supreme Court, held: Undue institutionalization is discriminatory The ADA requires community- based treatment when medically appropriate, not opposed and reasonably accommodated.

DRO Olmstead Advocacy for: Community-based services instead of institutionalization; Services in the most integrated setting to enable people with disabilities to interact with non-disabled peers to the fullest extent possible; Community-based services to prevent institutionalization for people at risk; Replacing sheltered workshops with supported employment opportunities; Eliminating disability-based discrimination within the Medicaid program. (HCBS waivers)

CASES DRO TAKES Cases are accepted from about 3200 requests per year based upon: Legal issues that fall within annually set goals and priorities Cases where a person is at risk of long-term harm Cases that will make positive changes for the community Services to minority, rural and other underserved communities Consider availability of other resources Barriers to self rep Balance systemic vs. individual work Resources and staff capacity Intro Donita, any other PAIMI Council members Materials on table

OPPORTUNITY, ACCESS, CHOICE Bob Joondeph, Executive Director Disability Rights Oregon bob@droregon.org 503-243-2081  www.droregon.org