tony@thearcca.org    

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June 29, 2015  
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Editor's Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

Tony Anderson, Executive Director, The Arc California

Monday June 29, 2015

As of now there are no scheduled events for the Special Session to address the funding increases for developmental services, and the IHSS 7% reduction and Medi-Cal provider rates. However, Special Session legislators anticipate caucus meetings this week with the first hearing shortly after.  

 

Tuesday June 30, 2015

The Disability and Aging Collaborative will be hosting a webinar, "Changing Nature of Family Caregiving: New Research and Policy Implications" at 12:30 PDT. This webinar presents findings from recent family caregiving studies. A National Alliance for Caregiving and AARP study, Caregiving in the US 2015, provides an updated profile of caregivers. Analysis from the Community Living Policy Center highlights the changing patterns of caregiving. Finally, a study by Easter Seals, with support from MassMutual Financial Group, takes a closer look at Millennial and Generation X caregivers. An open discussion about implications for policy, practices, and service delivery will follow the presentation. Hosted by the Disability and Aging Collaborative, with support provided by the Community Living Policy Center (#90RT5026) and Family Support Research and Training Center (# 90RT50320-01-00) and funding by the Administration on Community Living, National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR). Closed captioning is available. Register Here!

 

The US House of Representatives completes action on annual appropriations bills.

 

The Self-Determination Program stakeholder sub-group working on the training resources will be meeting to review the latest developments to help the SDP be successful. Click here to learn more about the CA Self-Determination program.

 

Today is the deadline for the public comments on the On-Site Assessment Tool for the state training assessors, and the Provider Self-Assessment forms for the residential and non-residential services. HCBS Settings Assessment Tool public comments.

 

Wednesday July 1, 2015

We'll be participating in the stakeholder group for the Home and Community Based Settings new rules from 10 to 3 pm in Sacramento. During the meeting we will review the public comments provided on the assessment tools.

 

Thursday July 2, 2015 - Friday July 3, 2015 - Independence Day Holiday

The California State Independent Living Council, chaired by Ben Jauregui, will be meeting from Thursday, July 2, 2014 (9:00 AM - 5:00 PM) through Friday, July 3, 2014 (9:00 AM -- 3:00 PM) at the San Diego Mission Valley Marriott, 8757 Rio San Diego Dr, San Diego, CA 92108 (Phone: (619) 692-3800). The SILC will discuss conduct some board business such as elect a vice chair and give committee reports, hear featured presentations like "Cup SPIL-leth Over: A Discussion About What It Is Like to Write a State Plan for Independent Living", "Community Integration; From Nursing Home to Your Home", get project/program presentations and updates on the SILC ADRC Project, the San Diego Veterans Independence Services at any Age (SD-VISA), and the Do!Network. Represented state agencies will report out and Supervisor Dave Roberts serving San Diego County's Third District will address the SILC. Public Comment will be received during the meeting. Public Teleconference Line: 1-866-718-9441 FREE, Participant Passcode: 4147933.

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Greg deGiere, 
Public Policy Director








THE ARC UNITED CEREBRAL PALSY CALIFORNIA COLLABORATION:  Public Policy Reports 

 

It's hard to know whether to feel encouraged or discouraged about the continuing battle to save our community services. The two things I know for sure are that we're in a different kind of situation than ever before, and that we have no choice but to go on fighting.

 

So first, here's the kinds of call to action I know you've probably acted on before. The power that we've built this year -- the only reason there's hope -- comes mostly from grassroots action, and we need to keep it up.

 

First, please take 20 seconds to send another email to your state senator and assemblymember. 

 

And second, if you're in LA County, please take another 20 seconds to email the 10 legislators there who we think have the most power to decide whether our community gets the funding increase we need to stabilize our service system. 

 

Unfortunately, two of the 10 key LA County legislators only accept emails from outside their districts if they come through their web sites, so the ones you send per the above paragraph will bounce back to you. Click here to email Senator de Leon. Click here to email Assembly Member Gomez. If you want to send them the same message you sent the other eight, you can cut and paste it into their web site forms.

 

Now for the Analysis/Opinion.

On one hand, last week the Governor signed a budget that contains no funding relief for regional centers and provider rates and continues the community system down the path to system collapse. The legislature accepted Governor Brown's consistently, unrealistically low revenue estimates, leaving little money for anything new. They gave in, evidently, because they know Gov. Brown has a line-item veto and can simply take out any money they put in beyond his revenue estimates. They gave no consideration for a veto override which was implemented the last time Governor Brown Jr was in office. And after they accepted Gov. Brown's low revenue estimates this month, they didn't prioritize us high enough to get any of what little new money Gov. Brown admits exists; or at least that's what the governor said at his press conference with the legislative leaders.

 

Sounds bad, doesn't it?

On the other hand, they put us into the special legislative session along with high-priority, big-ticket items like road repair and MediCal provider rates, while they left a lot of other services on the cutting room floor. There's not a chance in the world we'd be in the special session were it not for our community's first-ever united lobbying in the Capitol, our low-budget but effective media work statewide, and the unrelenting grassroots campaign of meetings, calls, rallies, tweets, Facebook postings, petitions, and emails. We've got more genuine sympathy in the Legislature -- and more political power -- than I've ever seen. That's been reflected again in the last two weeks by public statements from the legislative leaders and very strong speeches on the Senate floor by both Democrats and Republican legislators. And the Democrats have a plan to convince the enough Republicans to vote for targeted revenue increases to cover the costs.

 

So that sounds good, doesn't it?

There's no way to tell how the fight will turn out, or whether it will go on a few weeks or many months. So all I can suggest is let your anger over being left out of the budget get you motivated, and let your hope for an ultimate win keep you motivated. What else can we do?

Thank your advocacy.

Greg

 

  

Greg deGiere

Public Policy Director

The Arc & United Cerebral Palsy California Collaboration

1225 Eighth Street, Suite 350, Sacramento, CA 95814 (916)  

552-6619 ext. 4  Greg@TheArcCA.org

 

SIGN UP FOR OUR CALIFORNIA ACTION ALERTS

 

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Supreme Court Delivers a Major Victory against Housing Discrimination

Posted on The Arc

This week, the U.S. Supreme Court issued several landmark decisions for all Americans, including people with intellectual and developmental disabilities and their families.

 

In a 6-3 opinion in King v. Burwell, the Supreme Court held that federal tax subsidies are being provided lawfully in those states that have decided not to run the marketplace exchanges for insurance coverage. This is a huge win for the Affordable Care Act and people with disabilities throughout the country.

Less prominent, but a tremendous victory for civil rights, is the Supreme Court's 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. - a ruling that will support the continued progress of people with disabilities and other minorities toward full inclusion in all aspects of American life.

 

In this case, the Supreme Court ruled that housing discrimination is illegal, even if it is not intentional. This decision upholds a longstanding principle under the Fair Housing Act, known as "disparate impact." By finally settling the question of whether the language of the Fair Housing Act allows for claims based on disparate impact, as the Civil Rights Act of 1964 does, the decision supports our nation's progress toward integrated, inclusive communities that foster opportunities for all Americans.

 

In the case, a fair housing advocacy organization sued the state of Texas, alleging violations of the Fair Housing Act for awarding federal tax credits in a way that kept low-income housing out of predominantly white neighborhoods, thereby denying minorities access to affordable housing in communities where they might access better schools and greater economic opportunity. The state was not accused of intentionally excluding African-Americans from predominantly white neighborhoods, but of structuring its tax credit assignments in such a way that they had a discriminatory effect.

 

At stake in this case was not only the claims brought against the state of Texas, but also whether the key legal protections provided under disparate impact would continue to be available under the Fair Housing Act.

 

As noted in the Supreme Court's majority opinion, Congress enacted the Fair Housing Act of 1968 following the assassination of Dr. Martin Luther King, Jr. "to eradicate discriminatory practices within a sector of the Nation's economy." As amended, today the Fair Housing Act prohibits discrimination in housing on the basis of disability, race, national origin, religion, gender, and familial status.

 

Disparate impact is a legal doctrine that holds that the Fair Housing Act and other civil rights laws prohibit policies and practices that discriminate, whether or not the policies were motivated by the intent to harm a particular group.

 

For over 40 years, the disparate impact doctrine has been a key tool protecting the rights of people with disabilities, people of color, and other groups covered by the Fair Housing Act and other civil rights laws to have equal opportunity to live and work in the communities that that they choose. It has formed the basis for federal regulations and has been used extensively by the Department of Justice, the Department of Housing and Urban Development, and civil rights organizations to fight housing and employment discrimination across the United States.

 

The ability to allege disparate impact under the Fair Housing Act has been upheld by 11 federal appeals courts, but the Supreme Court has never before issued an opinion in a fair housing disparate impact case.

 

Fortunately, a majority of the Supreme Court upheld the disparate impact standard, finding that recognition of disparate impact claims is consistent with the Fair Housing Act's central purpose.

 

This week's decision marks an important milestone in our nation's path toward integration and inclusion. It's a major victory that shores up the progress that people with disabilities and civil rights organizations have made over the last four decades, and strengthens our ongoing work to end discrimination in all its forms.

 

Also, sign up for: The Arc US Capitol Insider
SIGN UP FOR OUR NATIONAL ACTION ALERTS
  
Click on The Arc UCP California Collaborative Bill File

 

Monday June 29, 2016

SEN - APPROPRIATIONS LARA, Chair 10 a.m. - John L. Burton Hearing Room (4203)

  • ACR 38    (Brown D)   California Task Force on Family Caregiving. Position:  Support, Subject:  Children & Family Services

Tuesday June 30, 2016

ASM - HEALTH BONTA, Chair 1:30 p.m. - State Capitol, Room 4202

  • SB 613    (Allen D)   State Department of Public Health: dementia guidelines: workgroup.  Position:  Watch, Subject:  Health & Medical.

 ASM - HUMAN SERVICES CHU, Chair 1:30 p.m. - State Capitol, Room 437

  • SB 490    (Beall D)   Regional centers: audits. Position:  Support, Subject:  General Systemic.

SEN - PUBLIC SAFETY HANCOCK, Chair 9:30 a.m. - John L. Burton Hearing Room (4203)

  • AB 1056    (Atkins D)   Second Chance Program. Position:  Support if amended, Subject:  Housing.

SEN - TRANSPORTATION AND HOUSING BEALL, Chair 1:30 p.m. - John L. Burton Hearing Room (4203)

  • AB 90    (Chau D)   Federal Housing Trust Fund.  Subject:  Housing.
  • AB 662    (Bonilla D)   Public accommodation: disabled adults: changing facilities. Position:  Support, Subject:  Olmstead Related.
  • AB 744    (Chau D)   Planning and zoning: density bonuses.  Position:  Watch, Subject:  Housing.
  • AB 870    (Cooley D)   Homelessness: rapid rehousing.  Position:  Support, Subject:  Housing.

Wednesday July 1, 2016

ASM - ACCOUNTABILITY AND ADMINISTRATIVE REVIEW SALAS, Chair 10 a.m. - State Capitol, Room 437

  • AB 1405    (Grove R)   Developmental centers: closure.  Position:  Support, Subject:  General Systemic.

ASM - ELECTIONS AND REDISTRICTING RIDLEY-THOMAS, Chair 9 a.m. - State Capitol, Room 444

  • SB 589    (Block D)   Voting: voter registration: individuals with disabilities and conservatees. Position:  Support, Subject:  Voting.

 

ASM - HOUSING AND COMMUNITY DEVELOPMENT CHAU, Chair 9 a.m. - State Capitol, Room 126

  • SB 377    (Beall D)   Income taxes: insurance taxes: credits: low-income housing: sale of credit.  Position:  Watch, Subject:  Housing.
  • SB 441    (Leno D)   San Francisco redevelopment: housing.  Subject:  Housing.
  • SB 580    (Liu D)   Surplus residential property: affordable housing: historic buildings.  Subject:  Housing.

 SEN - GOVERNANCE AND FINANCE HERTZBERG, Chair 9:30 a.m. - Room 112

  • AB 35    (Chiu D)   Income taxes: credits: low-income housing: allocation increase.  Position:  Support, Subject:  Housing.

 SEN - HEALTH HERNANDEZ, Chair 1:30 p.m. - John L. Burton Hearing Room (4203)

  • AB 1147    (Maienschein R)   Health facilities: pediatric day health and respite care facilities. Position:  Support, Subject:  Health & Medical.
  • AB 1194    (Eggman D)   Mental health: involuntary commitment.  Position:  Watch, Subject:  Mental Health.

Tim Hornbecker, Director of Advocacy and Community Organizing
PROJECT STATUS REPORT

     

Project Updates by Tim Hornbecker...

 

Advocacy and Community Organizing Report

 

As we prepare for the upcoming special session that will indeed require even more community organized advocacy action take a look at this video that shows legislators speaking in favor of our community and in favor of the 10%. We still have a ways to go to and even though it may feel like we gave it our all to get to the finish line only to have it moved even further away, our community resilience and resolve is much stronger than the policymakers anticipated. We are in a fight for the lives of people with developmental disabilities and the continued existence of their system of supports and services and while it is discouraging and even enraging at times we have no choice but to fight, there is too much at stake.


Tim Hornbecker, Director of Community Organizing and Advocacy tim@thearcca.org
 

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Teresa Anderson, Prevention Coordinator
PREVENTION ACTIVITIES

 

Wishing you all a very fun and joyous 4th of July Celebration this weekend. Please keep in mind the need for extra attention to safety for young children and even adults with developmental disabilities who require additional supervision and attention to noise sensitivities. Everyone in our community deserves to celebrate in a manner that doesn't endanger them or cause great discomfort, it's supposed to be fun for everyone.

 

 

Every year, Americans celebrate the 4th of July by setting off firecrackers, bottle rockets, and sparklers. This celebration can quickly turn into tragedy with the improper use of fireworks. In 2011, an estimated 9,600 people were sent to the emergency room in the U.S. for treatment of firework-related injuries. Approximately two-thirds of these injuries (6,200) occurred during the one month period surrounding the 4th of July Holiday. 

  • The best way to enjoy fireworks is to attend a public display performed by trained professionals. 
  • Fireworks are not safe to use at home.
  • While some parents think sparklers are "safe" fireworks, they are actually the leading cause of firework-related injuries. 
    • Sparklers can reach temperatures of 2000 F. This is hot enough to melt gold and can easily catch clothes on fire. 
  • One in four firework-related injuries to children occur to bystanders. 
  • Teach your children about the dangers of fireworks.
    • Four out of ten firework-related injuries occur among children younger than 15 years old.
    • Make sure they understand that fireworks are not toys and that they can cause serious injury.

Resource: Child Injury Prevention Alliance

 

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Office of the Governor

Drowning Prevention June 2015

 

Throughout the summer season, many Californians enjoy activities involving swimming at a pool, river or beach. Careful vigilance can prevent tragedy, especially drowning. Drowning is a leading cause of injury-related deaths among children ages five and under. More than half of these accidents occur in residential swimming pools.

 

There were over 60 drowning deaths among children ages five and under per year over the last five years. Additionally, children who survive a near drowning incident often suffer permanent brain damage. The California Department of Developmental Services currently serves 717 survivors of near drowning accidents who require lifelong services for their disabilities.

 

Knowing how to prevent drowning is a critical step in keeping children safe and helping them live to their full potential. I urge Californians to enjoy the summer fun, but to follow safety steps, such as constant supervision of children in and around water and the protection of fences, latches, poles and personal floatation devices.

 

Teresa Anderson, MPH

The Arc California

Prevention Coordinator

teresa@thearcca.org

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UPCOMING EVENTS

 

July 20-22, 2015

NCE annually hosts the Summer Leadership Institute (SLI) 

, at different sites around the country. NCE strives to provide our attendees with educational materials that will help our members develop and hone their professional skills so that we can all work better and smarter towards our shared purpose - realization of The Arc's Core Values. This year, the Summer Leadership Institute will be held July 20-22 in Providence, RI.  

 

Aug. 4-7, 2015

The 20th Annual Conference of QDDPs. "We are excited to announce online registration is now open for the 20th Annual Conference of QDDPs to be held Aug. 4-7, 2015, at the Royal Sonesta New Orleans, LA! Go to www.qddp.org and click under the Conference Tab to register! You'll be inspired by two dynamic keynote sessions: "Fully Charging Your Work and Life" by Tom Rath and "My ipad Has My Back " by Marsha Threlkeld. In addition, enjoy over 40 unique breakout sessions focusing on this year's theme "Every Day Wellbeing." It's a great time to network, learn, share and re- energize with colleagues committed to providing supports to individuals with disabilities."

 

October 3 - 5, 2015

The Arc's 2015 National Convention, Indianapolis, Indiana

 

October 7-8, 2015

Therap's Southern California Conference in Anaheim California, Red Lion Hotel Anaheim, 1850 South Harbor Boulevard, Anaheim, CA 92802. "

Come spend a day or two with the Therap West Team and see what 20,000+ Californians are doing when they log into Therap each month. Mingle with current Therap Users and the Training and Implementation Team. Therap has been supporting agencies in California since 2006! Breakout Sessions will include: Introductions for New or Potential Users, Policy and Procedural Considerations for Implementing an Electronic System, Person Centered Planning, Daily Data Collection and Communication, Behavior Support Tracking, SIR Tracking, eBilling and other Billing tracking and claims, Health Tracking, Medication Administration, Employment Tracking and Milestones, Outcome focused documentation, managing access for Audits, and Circle of Support members, and much more. Contact kevin.dierks@therapservices.net to see if you are eligible for a discount! http://www.therapservices.net/conferences/regional-conference-in-anaheim-california/ 

 

November 18-20, 2015

The NADD 32nd Annual Conference & Exhibit Show, "Equality, Recovery, Access: Integrating Treatment & Services for Persons with IDD/MI" will be in San Francisco, California this year. The 32nd Annual NADD Conference Co-Chairpersons will be Peggie Webb, MA, San Diego Regional Center, San Diego, CA and Michael Kennedy, MFT, Behavioral Health Services, Sonoma, CA. The featured keynote speakers include: Dave Hingsburger, Vita Community Services, Toronto, Ontario, Canada, "ID and Identity: Claiming and Owning Difference" and Brian King, MD, MBA, Center on Human Development and Disability, University of Washington, Seattle, Washington "Equality/Recovery/Access: The Future Is Now".


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RECENTLY RELEASED REPORTS, STUDIES, ETC.

 

Frequently Asked Questions on the Home and Community Based Services Waiver Settings

The Centers for Medicaid and Medicare Services

Friday June 26, 2015

 

Federal Policy Guidance

As part of the state-federal partnership in administering the Medicaid and CHIP programs, the Centers for Medicare and Medicaid Services (CMS) issues guidance in the form of letters to State Medicaid Directors, letters to State Health Officials (often regarding CHIP policy or financing issues), Informational Bulletins, and Frequently Asked Questions to communicate with states and other stakeholders regarding operational issues related to Medicaid and CHIP. In addition, CMS issues federal regulations that codify statutory provisions and also policies that have been previously outlined in sub-regulatory guidance. The supporting documents are searchable on this page.

Regulations

CMS periodically issues regulations to codify policies based on statutory provisions of the Social Security Act. Regulations come in several forms, including the following: 

  • Notice of Proposed Rulemaking (NPRM) that proposes policy approaches to implementing provisions of the statute and solicits public comment on the proposals. 
  • Interim Final Rule with Comment goes into effect when it is published, but will be open for public comment for a specific period of time and then potentially revised and issued as a Final Rule. 
  • Final Rules take comments into consideration and formally codify policies that were proposed in the NPRM or IFC.

For regulatory policy guidance not found on this page, please visit Regulations.gov

 

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NEWS ARTICLES

Voting Rights Restoration Project
Gregory Demer, a 28-year-old autistic man who lives in Los Angeles, took a piece of paper and wrote on it: "I want to vote."  He asked attorney Thomas F. Coleman to help him regain the right to vote -- a right that was improperly 
taken from him when he became a limited conservatee 10 years ago. On June 26, 2015, Coleman informed Judge Carolyn Kuhl of the failure of two judges and two attorneys to restore Gregory's right to vote.  Kuhl is the presiding judge of the Los Angeles Superior Court.  Coleman reminded her that thousands of others are also waiting for court orders restoring their voting rights. The Arc of California has offered to get the word out to its clients that they too can ask for their voting rights to be restored.  The Arc and United Cerebral Palsy California Collaboration will spearhead a Voting Rights Restoration Project. We envision other disability service agencies following their lead as word spreads about the project.

 

Court-appointed attorneys violated Disabilities Act, federal complaint says

By contact the reporter

Saturday June 27, 2015

 

A disability-rights group has filed a federal complaint alleging that the Los Angeles County Superior Court has systemically violated the civil rights of intellectually disabled residents who are under limited conservatorships by failing to provide effective legal assistance through its court-appointed attorneys. The class-action complaint, filed with the U.S. Department of Justice in Los Angeles on Friday, claims that court-appointed attorneys routinely violate the Americans with Disabilities Act during limited-conservatorship proceedings. Parents and other guardians can seek the power to make decisions related to their disabled child's residence, education, contracts, medical and other legal matters after they turn 18. The court-appointed attorneys represent the conservatees during the process. The court determines who controls certain legal affairs of adults if they are deemed in court to be at least partially incapable of looking after themselves. About 12,000 people have open limited-conservatorship cases in L.A. County, according to the complaint.

 

... Thomas F. Coleman, an attorney and executive director of the Disability and Guardianship Project, which filed the complaint, called on federal authorities to investigate and force court officials to "clean up their act." The lack of effective representation leads to people with disabilities inappropriately losing their rights, Coleman said at a news conference. "We're not interested in making people look bad - we're interested in solutions," he said. "But to get solutions, we need to tell the truth." The group filed a complaint last year with the U.S. Department of Justice contending that the court has wrongly stripped people under limited conservatorships of the right to vote if they could not fill out a voter registration affidavit. Last month, federal authorities announced that they were investigating the allegations. Nora J. Baladerian, director of the Disability and Abuse Project, said the court system for decades has mistreated and failed some of society's most vulnerable citizens. "The court routinely treats individuals with disabilities who come before them as 'less than.' Less than human, I'm sorry to say," she said.

 

Yolande Pam Erickson, the conservatorship attorney at Bet Tzedek Legal Services, defended the court and its attorneys, saying they take on a tremendously difficult job with care and compassion for the families they serve. "The court almost bends over backward to do the right thing," she said. "Are there some problems? Sure. But the attorneys, I believe, are advocating for the best interests of their clients." Thom Mrozek, a spokesman for the U.S. attorney's office in Los Angeles, said officials will look into the allegations. "The complaints will be reviewed to determine what, if any, action should follow," he said.

 

Parole of convicted murderer who buried Clovis man alive reversed by Gov. Brown

Fresno Bee Friday June 26, 2015

By John Ellis and Troy Pope

The parole of David Weidert, who was convicted of torturing Mike Morganti and burying him alive in 1980, has been reversed by Gov. Jerry Brown, the governor's office announced Friday. Weidert lured Morganti from his Clovis apartment and drove him to a remote foothill location. There, he forced Morganti to dig his own grave, and then Weidert beat him with an aluminum bat and stabbed him with a knife before burying him in the shallow grave. "I have considered the evidence in the record that is relevant to whether Mr. Weidert is currently dangerous," Brown said in a statement. "When considered as a whole, I find the evidence shows that he currently poses an unreasonable danger to society if released from prison. Therefore, I reverse the decision to parole Mr. Weidert."

 

John Weidert, father of David Weidert, could not be reached for comment Friday. Morganti and Weidert worked as janitors in a doctor's office, and in June 1980 Weidert convinced Morganti to serve as a lookout while he burglarized the office. Morganti was developmentally disabled and easily manipulated, court documents said. After Weidert was arrested for his part in the burglary, Weidert learned that Morganti had given him up to authorities, and so he plotted to kill him.

 

The governor's decision to keep Weidert in jail reverses the decision made by the state Board of Parole Hearings in January. "I'm crying. I just can't stop crying. I just can't believe it," said Morganti's sister, Vikki VanDuyne, who has worked tirelessly over the years to keep Weidert behind bars. She knew Brown's decision was coming Friday, and she was expecting the worst. "I go by worse-case scenarios," VanDuyne said. "What's the worst thing that can happen?" But after sitting and waiting all day, she and her family decided to go out to dinner. "I did all I could," she said. "If the governor was going to be an idiot, he was going to be an idiot. I can't control that." Instead, VanDuyne's phone was blowing up with congratulatory calls. Among them were Fresno County District Attorney Lisa Smittcamp and Linda Penner, Fresno County's former chief probation officer, who is now executive officer of the Board of State and Community Corrections.

 

Late Friday, Smittcamp issued a statement: "The Fresno County District Attorney's office is pleased that Governor Brown took the time to diligently review this matter, and to conclude that inmate Weidart is not a suitable candidate for parole. The family of Mike Morganti should be commended for their zealous advocacy on behalf of their beloved brother/son."

But the battle isn't over. Now, it's on to the next parole hearing. VanDuyne doesn't know when that will be, but said probably in the next six to nine months. It comes quickly because the state parole board must decide what to do with Weidert now that Brown has reversed its decision. VanDuyne, who now lives out of state, said she'll be at the hearing. For now, though, she'll celebrate. "Every day that Weidert's in prison is a good day," she said.

 

Looking in from the Outside, Unable to Partake in Budgetary Plenty

Sacramento Bee June 27, 2015

By Carl London

Special to The Bee

Sen. Jim Beall sent Gov. Jerry Brown a letter signed by a bipartisan majority of the Assembly and Senate seeking a 10 percent increase in payments to care providers for 280,000 Californians with developmental disabilities. On June 15, the Legislature passed a budget that included an increase of a little over 2.5 percent for these programs. The next day, however, Brown and the two houses' leaders announced a "deal" that deleted this increase, calling for a special session and linking the prospects for increased funding to a tax increase on managed care organizations. Once again, people with developmental disabilities and those who serve them are on the outside looking in.

 

While the cost of living has risen by more than 30 percent during the past 12 years, the state has provided exactly one increase to programs for Californians with developmental disabilities. I see firsthand the impact of these programs being ignored. As the parent of a young man who just completed high school and faces these challenges, I am hopeful and scared for his future and the future of others I have met in this community. As a volunteer board member for a 63-year-old agency, I know how difficult it is to maintain quality staff and services in the face of this lack of support. The budget "deal" dedicates $530 million to serve 1,000 people with developmental disabilities who live in outdated, state-run institutions such as Sonoma Developmental Center. And that's where the story takes a horror-film-like turn. Some of these developmental centers, formerly called state hospitals, have been the scene of horrific events, such as rape, physical abuse and deaths under cloudy circumstances. In one heartbreaking case, a woman with intellectual disability was sexually assaulted and became pregnant. According to reports, the facility failed to do a rape kit, so potential evidence was lost, and the primary suspect fled the country. The family now raises her child.

 

An autistic man's neck was broken to the point of paralysis and, ultimately, death. The state settled a wrongful-death lawsuit with the man's family. These stories and more were recounted when lawyers representing the Center for Investigative Reporting sued to force the state to release 900 unredacted pages documenting abuses in these institutions.

The model of care has been so poor that the federal government decertified some of the state-run units and cut off millions in funding. California taxpayers pay even more to operate units that the federal government deems unfit, with average annual per-person costs approaching $550,000. Today, more than 4,300 state employees serve the 1,000 people remaining in the 24-hour, seven-day-a-week institutions. As of May 7, the list of decertified units had grown from four to 11, though a temporary reprieve on funding of seven units was obtained. Keeping these units open is unacceptable and fiscally irresponsible.

 

Brown addressed this issue by using the budget revision in May to set timelines for closure. The Legislature added language stating that as the institutions close, the resources should shift to starved community-based programs. Abuse does occur in community settings. This population is vulnerable, and attackers should be punished harshly. When abuse is reported in community-based programs, they are closed and predators are fired, arrested, prosecuted and punished. Brown's answer to close the developmental centers is right, and he should support the Legislature's intent. The $530 million used to keep the institutions open should be shifted to help all people with developmental disabilities live fulfilling lives in our communities.

 

The feds would pay half the cost of care for every person who moves from one of the federally defunded units to a community-based program. Funds from the property and assets of empty institutions also should be dedicated to serving this population. Closing institutions and putting more resources into community programs is consistent with every civil-rights philosophy, court ruling and gain made on behalf of people with developmental disabilities. We have a chance to produce a sequel to the horror film, one with a much happier ending.

Carl London is a parent, lobbyist, advocate for community-based programs, and a board member of InAlliance, a Sacramento-based agency that serves people with developmental disabilities. Carl.london@grayling.com

 

State budget ignores the needs of people with developmental disabilities

June 26, 2015

By Susan Luzzaro

On June 16 Governor Edmund G. Brown Jr announced a California budget agreement for $115.4 billion. The budget reflects an improved economy and resources returning to schools and low-income Californians. However, people with disabilities and the people who provide vital services for them were given nothing. The entire system that provides services for people with Down Syndrome, Cerebral Palsy, Autism, intellectual disabilities and other developmental disabilities is about to collapse according to a February 2015 report. There are 21 Regional Centers throughout California that receive federal and state money and contract services for people with disabilities. The report prepared by the Association of Regional Center Agencies is ominously titled "On the Brink of Collapse." An excerpt states the main idea in a nutshell: "California can no longer assure the federal government that sufficient services and supports are available to ensure the health and safety of Californians with developmental disabilities, putting billion of dollars of federal funds at risk." The report, details how residential homes and day programs throughout the state have been forced to close or offer reduced services due to lack of funding. http://arcanet.org/wp-content/uploads/2015/02/on-the-brink-of-collapse.pdf

 

In San Diego-Imperial Counties, the Regional Center provides services for 24,000 people with developmental disabilities. One service group called the Arc of San Diego provides services for 2,500 children and adults. When asked about the various programs The Arc of San Diego offers, President & CEO David W. Schneider said "We provide many levels of service including early intervention services for children from birth to three years old. We work on helping these children catch up to their development milestones, and often those children no longer need any future services - which is huge!" "We also provide respite services for families; we send out a care provider to help care for family members with disabilities." "The Arc of San Diego also offers community-based programs where clients work at different sites either as a volunteer or for a paycheck. We teach transportation skills, how to take the bus around town, and we teach shopping skills. "Senior programs are also offered for adults age 50 and older and they usually engage in activities at a more relaxed pace. They participate in gardening and volunteer at places like animal shelters. It's pretty amazing-all of our clients last year donated over 12,000 hours to local organizations which demonstrates how much they are able to give back to our community." "We have day programs throughout San Diego County for adults who are 22 and older. They are able to learn life skills as they engage in a variety of activities including fitness, arts & crafts, technology, and self-advocacy. A lot of those clients are the ones who attended the rally at Assembly Speaker Toni Atkins' office on June 17th to bring attention to the important need for funding."

 

The crisis for the Arc and other programs that provide services for people with disabilities is that the rates paid through state and federal funding have remained the same since early in 2000. Caregivers, job coaches, counselors have been paid at the same rate for years, a rate so low that some workers have turned to fast food jobs." At The Arc of San Diego we do what we can to fill the funding gap with private donations," Schneider said.

In a June 23 call to Assembly Speaker Atkin's Sacramento office, Selena stated "There are still special sessions going on at the moment, and once those are resolved there will be a new statement from her [Atkins]. Selena said she didn't have an idea when that would be, however, when asked if there was still a possibility that these groups might get some funding she said, "Yes."


 


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FUNDING OPPORTUNITIES

The following grant opportunity postings were made on the Grants.gov Find Opportunities service: 

 

ED - Department of Education Transition Programs for Students CFDA Number: 84.407A Granthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277482

 

HHS - Department of Health and Human Services Centers for Disease Control and Prevention Connecting Latino and African American Males to Sexual Health Services: An Adaptation of Project ConnectGranthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277485

 

ED - Department of Education Coordinating Center for Transition Programs for Students with Intellectual Disabilities into Higher Education (TPSID): Model Comprehensive Transition and Postsecondary Programs for Students with Intellectual Disabilities CFDA Number 84.407B

Granthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277503

 

ED - Department of Education HHS/ACL/NIDILRR: Rehabilitation Research Training Centers CFDA Number 84.133B-4 Granthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277508

 

HUD - Department of Housing and Urban Development National Resilient Disaster Recovery Phase TWO Modification 2http://www.grants.gov/web/grants/view-opportunity.html?oppId=277431

 

HUD - Department of Housing and Urban DevelopmentFamily Self-Sufficiency Program Granthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277470

 

EPA - Environmental Protection Agency nagement Modification 1http://www.grants.gov/web/grants/view-opportunity.html?oppId=277474

 

HHS - Department of Health and Human Services Centers for Disease Control and Prevention Public Health Leader Fellowship Program Modification 1http://www.grants.gov/web/grants/view-opportunity.html?oppId=276153

 

HHS - Department of Health and Human Services National Institutes of Health

Bioengineering Research Partnership (BRP): Non- or Minimally-Invasive Methods to Measure Biochemical Substances during Neonatal and Perinatal Patient Care and Research (R01) Granthttp://www.grants.gov/web/grants/view-opportunity.html?oppId=277388



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CAREER LADDER

The Arc of California posts job announcements in the Career Ladder section every week because we would like to contribute to steering quality candidates to professional positions that support people with disabilities and we are trying to communicate to Direct Support Professionals that there is a real "career ladder" in their chosen profession.

 

Jobs Page Links: Click Here 

 

Fiscal and Policy Analyst, Legislative Analyst's Office

The Legislative Analyst's Office (LAO) provides nonpartisan fiscal and policy analysis to the California Legislature and has done so since 1941. The LAO (1) assists the Legislature in all aspects of the budget process, through its analytical and oversight activities; (2) responds to legislative requests for information and analysis of the state's budget and programs; and (3) conducts independent studies and produces self-generated reports on topics of importance to the state. Additional information about the LAO can be found on our Web Site at http://www.lao.ca.gov

Program Manager, California Council of Community Mental Health Agencies

Provides a variety of program management, administrative and clerical support to the Association. Duties include researching/compiling information; coordinating calls, meetings and committees for the Association; maintains electronic files and data; generates and formats meeting and committee reports, and other documents using full range of software skills including spreadsheets, word processing, desk top publishing, presentation software, database management; assumes responsibilities for special projects; attends board meetings and committees for administrative support; researches and analyzes data to develop reports for management decision-making. In addition, this position is responsible for the conference planning and logistics for the production of the triennial membership meetings. This position requires considerable use of tact, diplomacy, discretion and judgment as the Program Manager includes routine correspondence with the members, state officials, legislative epresentatives, vendors, consultants, and stakeholders.

 

Regional Director

Elwyn, one of the nation's oldest private non-profit organizations serving people with intellectual, developmental and behavioral challenges, seeks a Regional Director for Northern California. The Regional Director will have responsibility for the day-to-day operations and long-term planning for 14 of Elwyn California's Residential Care Facilities for people with developmental disabilities. Elwyn seeks a customer-focused and externally facing leader with a minimum of 3-5 years in management, preferably in health or social services. S/he should also possess expertise in clinical service delivery to individuals with disabilities as well as experience growing an organization and opening new group homes. For referrals and/or to submit a resume, please contact elwyndirector@divsearch.com. All expressions of interest are confidential.

 

Director of Major Gifts

Elwyn, one of the nation's oldest private non-profit organizations serving people with intellectual, developmental and behavioral challenges, seeks a Director of Major Gifts for Northern California. The Director of Major Gifts will assist in determining the fundraising priorities and strategies for Elwyn California based on knowledge of the philanthropic climate in the region. Elwyn seeks a successful major gift fundraiser with a minimum of 5-7 years of experience. S/he should possess the ability to articulate the case for support for individual donors and prospects; formulate and recommend major prospect strategies and timelines based on the needs and goals of the organization; and identify, cultivate and solicit individual and organizational prospects. For referrals and/or to submit a resume, please contact elwyndev@divsearch.com. All expressions of interest are confidential.



The Arc California
1225 8th Street, Suite 350
Sacramento, CA 95814

916.552.6619

Advocates for people with intellectual and all other developmental disabilities and their families since 1950.

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The Arc of California, 1225 8th Street, Suite 350, Sacramento, CA 95814.  Office (916) 552-6619, Fax (916) 441-3494