By Fr Joe Mulcrone
Today is the 32nd anniversary of Cardinal Cody ordaining me as a Catholic priest. A lot of thoughts pass through my head this day, but I cannot escape a problem that has me troubled and really depressed. ...
I started working in the deaf community in 1977. If I was ignorant of the issues of sexual abuse in the hearing community, you can imagine my total lack of awareness as I tried to learn the basics of communication and culture in this new community. ... Beginning, then in the late 1980's, I started to try to do something about the sexual abuse that had gone on and continues to go on in the deaf community, in particular, and in the community of children and adults with disabilities in general.What I have learned over the years is heart-breaking.Good, reliable research shows that children with disabilities suffer sexual abuse at 2.2 times the rate of non-disabled children.Even worse, most of these children either are limited in their abilities to communicate what has happened OR few if any adults in authority will believe their stories.Just as bad, most agencies that are supposed to protect children from abuse or treat the victims of sexual abuse have few if any programs to deal with children with disabilities or disabled adults trying to recover from their memories of abuse.
For the last fifteen years, a group of us who work in the communities of deaf people and persons with disabilities have met, fought, cried, strategized, advocated to bring this issue into public light.It has been a lonely fight. We've had a few successes, but in general government agencies, child-abuse prevention organizations, professionals (I use this term guardedly.) have ignored what we have had to say.Just as big a problem have been the schools that serve children with disabilities; they don't want to hear the words "sexual abuse."
Most frustrating have been parents and families who will not face the fact that their children with disabilities can be victims, especially when the victimization is done by a family member or family "friend" as happens in 76% (yes, 76%) of all sexual abuse cases.Now the situation is getting worse, not better.Honestly, I do not know what to do anymore. ...
After all these years, I feel we are going backwards in this struggle.The politicians in WASHINGTON and those in SPRINGFIELD do not really seem to care.They have little interest in families who have children with special needs and almost no interest in adults with disabilities.I think that most of these politicians do NOT believe that people like us vote OR that we will vote based on the issues of disability, equal access to services, child neglect/sexual abuse.
SOON the state Senators and Representatives will come back from SPRINGFIELD congratulating themselves on balancing the budget.Let them know you do NOT think they deserve congratulations for anything!
SOON the Senators and Representatives from WASHINGTON will be back in town congratulating themselves, giving high-fives because "we won the war!"Maybe they need to know that some of realize that we are losing the war here and now, everyday, with our own children, in our own country.
You would think that after 32 years I would be smart enough to figure out an answer to "how we stop child abuse; how do we prevent future cases; how do we heal those whose lives and spirits have been so torn and broken?"I think I have some answers; some good ones.What I CANNOT answer is "How do we get people in power, in public life, the folks who control our tax monies to start using that power and directing that money to help our brothers and sisters who are truly in need? How do we get these people to care, really care, about children and adults with disabilities and their families?" I do NOT know the answer to this.What I DO know is that until we can get these "power/money people" to care, then the cycle of neglect/ exploitation/ abuse/ violence/ death will continue to destroy the lives of the most innocent and vulnerable members of what we call "our human family."
Source: Catholic Office of the Deaf, 312/655.7899; tty 312/751.8368, 5/12/03
Improving Child Care for Children with Disabilities
Families with children with disabilities often have difficulty finding high-quality child care for their children. This problem is compounded for low-income families for whom it can be a real struggle to find affordable, quality child care for any child. First, low-income children are more likely to have disabilities than children in higher income families.Second, low-income families are more likely to live in neighborhoods that lack child care for children with special needs, as well as infant care and non-standard-hour care generally.
This year, Congress is considering the reauthorization of the two statutes that support the development of young children with disabilities and their families -- the Child Care and Development Block Grant (CCDBG) and the Individuals with Disabilities Education Act (IDEA).Together these laws provide the resources for the early childhood education infrastructure for low-income young children with disabilities in all states.A new paper, Addressing Child Care Challenges for Children with Disabilities, by Katherine Beh Neas of Easter Seal and Jennifer Mezey of CLASP, discusses the benefits of providing quality child care and early intervention services to children with disabilities; describes the challenges families face in finding appropriate, high-quality child care for children with disabilities; provides background on CCDBG, IDEA and other relevant statutes, as well as the children they serve; and proposes recommendations for CCDBG and IDEA reauthorization.
Quality early intervention and preschool services for children ages 0 to 5 [can] help identify and address cognitive, physical, and emotional disabilities at a young age.Ensuring that child care agencies and programs are connected with early intervention and special education services is critically important because, for some children, a child care setting might be the first opportunity for a childhood disability to be identified.Once a child's disability has been identified, child care, early intervention, and preschool programs can work together to ensure that the child receives high-quality care that supports his or her development as well as makes it possible for his or her parents to work and support the family.Appropriate child care often means the difference in a child's getting a good start in life and a parent's keeping a job and achieving economic self-sufficiency for the family. ...
Center for Law & Social Policy
Source: CLASP Update, April 2003.
Supreme Court Upholds Family Leave Law
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that states can be sued by state workers seeking damages under a federal law that allows employees to take time off to care for a seriously ill family member.
By a 6-3 vote, the justices upheld the reach of the federal Family and Medical Leave Act, a decision that affects nearly 5 million state workers in the nation.
Under the 1993 law, employees may take up to 12 weeks of unpaid leave per year to care for a parent, child or spouse with a serious health condition.
Employees may sue for money damages for violations of the law.
Supporters said the law has allowed more than 35 million Americans since1993 to take time off from work to care for a family member without putting their jobs at risk.
The ruling was a victory for civil and women's rights groups and for William Hibbs, a Nevada Department of Human Resources employee who sought leave in1997 to care for his ailing wife.
Catastrophic Leave
He received permission for the full 12 weeks. His employer also granted him a special benefit under state law known as "catastrophic leave" -- paid leave donated by other workers -- but said it would count as part of the 12 weeks.
Hibbs had requested 200 hours of catastrophic leave. He argued his leave under the federal law should begin only after his catastrophic leave had ended.
He was fired at the end of 1997. Hibbs sued, claiming his employer had violated the federal law.
A federal judge ruled the Constitution's 11th Amendment on state sovereign immunity barred Hibbs' lawsuit.
But a U.S. appeals court based in San Francisco disagreed and ruled the law represented a valid use of congressional power aimed at gender discrimination and stereotypes involving family-care duties.
The high court, in an opinion by Chief Justice William Rehnquist, affirmed the appeals court's decision.
"We hold that employees of the state of Nevada may recover money damages in the event of the state's failure to comply with the family-care provisions of the Act," he said for the majority.
Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas dissented.
Nevada was backed by 13 states, but six states filed briefs with the high court supporting Hibbs. Civil rights and women's rights groups, the AFL-CIO, the nation's largest group of unions, and a number of federal lawmakers supported Hibbs.
The U.S. Justice Department also supported Hibbs, saying the law responded to the continuing effects of well-documented, historic gender discrimination at work.
Source: Reuters News Service, 5/27/03
Upholding Family Leave
The Supreme Court's decision yesterday holding that state employees can sue for damages under the Family and Medical Leave Act struck an important blow for women's rights and humane employment practices. It may also signal that the court is beginning to moderate its destructive use of the doctrine it calls "federalism" to invalidate or limit laws passed by Congress.
Yesterday's case involved an employee of the Nevada Department of Human Resources whose wife was recovering from a car accident.When the employee and the state disagreed about the amount of leave he was allowed under the ZfaMily and Medical Leave Act and he was terminated from his job, he sued. Nevada claimed immunity from such lawsuits under the 11th Amendment.
In recent years, the Supreme Court has used the 11th Amendment to carve out broad immunity for states against lawsuits by their own employees.In a 2000 decision, the court held that states are immune from suits for damages brought by older workers under the Age Discrimination in Employment Act. In 2001, it ruled that states have similar immunity to lawsuits by disabled workers suing under the Americans with Disabilities Act.
Yesterday's 6-to-3 decision, with a majority opinion by Chief Justice William Rehnquist, broke with that line of cases. Millions of state workers will now have full protection under the Family and Medical Leave Act, giving them greater ability to balance their work lives against crises at home. The decision also promotes sexual equality because family care has often fallen on women.
But the Supreme Court is still wrongly discriminating among kinds of discrimination. Because it is sympathetic to gender-based claims, it has held that states are not immune to suits like the one at issue yesterday. But in the case of age and disability, about which the court has been more skeptical, states can discriminate without fear of being sued for damages.This makes no sense.
The larger problem is that the conservative majority on the court has been on a campaign to extend states' rights by limiting Congress's power to legislate.It has justified this power grab for the states by creating a nonsensical doctrine of state immunity -- what Justice John Paul Stevens, in a concurring opinion yesterday, called "the second 11th Amendment," based in "judge-made" law, not "constitutional text."
In our constitutional system, Congress has the power to protect all Americans, including the millions who work for state government, from discrimination and other harms.The Supreme Court recognized that power yesterday. We hope it does so more regularly in the future.
Source: The New York Times, 5/28/03.
New Amendment Protects Disability Advocates
A new amendment to the Illinois Attorney Act to protect disability advocates [see CDR Reports, May 2003] from the "unlawful practice of law" provisions of the Act has been approved by the IL State Bar Association, the primary initiator of SB 688.The bill is now in the Illinois House Rules Committee, and the new language which protects disability advocates is House Amendment 2.
Many parent organizations, including FRCD, had expressed concerns that the language in SB 688 would put the services delivered by Parent Training and Information [Centers](PTICs), the Centers for Independent Living (CILs) and other parent/consumer and advocacy organizations at risk and subject to penalties of "unlawful practice of law."
Because many parents and persons with disabilities cannot afford the services of an attorney, they often seek the assistance of other parents, persons with disabilities, advocates, consumer/parent organizations, PTICs and CILs, to assist them.
SB 688 had already passed the Illinois Senate, unanimously, when it came to the attention of FRCD.FRCD notified more than 25 parent, professional, consumer, and advocacy organizations of the possible negative impact of SB 688.Most of these organizations responded immediately with faxes and phone calls to their state representatives and IL House Majority Leader Barbara Flynn Currie.In addition, Advocates United and the IL Family Support Network also alerted their networks.
FRCD also collaborated with Currie, the IL State Bar Association, and several members of the Special Education Committee of IL Attorney General, to draft and support language for SB 688 which would protect disability advocates.
Source: Family Resource Center on Disabilities, 5/14/03.
Aurora Residents Suing Complex for Mold Troubles
By Hal Dardick, Special to the Tribune
In March 2001, doctors told Tamika James that her 2-month-old daughter had a cold. But within two weeks, Shamia died in her mother's federally subsidized apartment at the Harbor Village Apartments in Aurora. The Kane County death certificate indicated Shamia died from respiratory syncytial virus, or RSV, a condition that is the most common cause of bronchitis and pneumonia in babies, according to medical journals.
James now believes that cold, damp and moldy conditions in her apartment caused or contributed to her daughter's death. "Her legs would be ice cold because it was so cold in there," she said, while pointing out apparent mold on the walls of her second apartment in the complex where she moved in February, 2000. She hopes to become part of a federal lawsuit, which plaintiffs are seeking to make a class action that was filed in November against Midland Management Co. and Kenneth Ringbloom. He is the beneficiary of a trust that owns Midland, which owns and manages Harbor Village.
City inspectors have cited Midland in the past for water leaks, seepage and moldy conditions, according to inspection reports. These conditions are the primary cause of residents' health problems, according to the suit. ...
The suit was filed after a group of housing advocates helped organize the tenants. The advocates in January formed JUST Housing, a not-for-profit group that has raised its profile in recent months with community forums, lobbying for tenants' rights laws and pushing for more affordable housing--all of which also has shined more light on the Harbor Village case.
In a July 10, 2002, letter to Midland attorneys, Aurora Division of Property Standards Director Mark Anderson and Kane County Environmental Health Director Fred Carlson noted mold was found in three of seven apartments inspected a month earlier. They suggested the air quality at the complex be analyzed to consider "any required remediation."
But Midland denies the presence of hazardous molds in the apartments. ...
The federal action is an outgrowth of an earlier suit filed in Kane County Circuit Court making similar allegations. ...
But attorneys for the plaintiffs dispute that assessment, claiming hazardous molds--some of which have been implicated in RSV and other ailments--were found. Believing further testing was needed, the tenants withdrew the suit after a judge issued a temporary restraining order preventing Midland from doing any mold cleanup until testing was done.
The tenants decided their case was best pursued in federal court because "they really felt they were being discriminated against because of their race, sex and economic status," said Cynthia Ralls, co-founder of JUST Housing and an advocate for the tenants.
Most tenants, according to the suit, are single African-American women and their children who are receiving Section 8 housing subsidies from the U.S. Department of Housing and Urban Development to live in the 108-unit complex on the city's southeast side.
Because HUD standards require housing supported with federal funds be "decent, safe and sanitary," and other federal laws include similar requirements, the case is a federal issue, the suit states. In addition, federal civil rights have been violated because Midland has not properly addressed the water and mold issues, the suit says.
The suit says Midland has been informed by tenants of problems caused by water seepage and leaking, resulting in mold and "improper and inadequate heating, ventilation and air conditioning" since at least 1990, but has failed to solve the problem.
It further states that Midland has either threatened to evict or evicted tenants who have complained to various government authorities about problems at the complex.
In addition to seeking tens of millions of dollars in damages, the suit seeks court orders to stop Midland "from spoiling or altering evidence" at the complex, to make Midland allow inspections and testing, and force Midland to pay for medical testing for residents.
The suit, now before U.S. District Court Judge Wayne Andersen, was filed on behalf of Dredia Ross White and her three minor children. White, who moved into the complex in 1989, said recently that a dark rash on her body was caused by the mold and said her 5-year-old and 17-year-old sons also were suffering injuries from the conditions.
If given class-action status, about 168 past and current tenants would become plaintiffs in the suit, it states.
Midland is seeking to have the federal suit dismissed, saying no federal laws cited by White would give the federal courts jurisdiction over the issue. The matter belongs in state court, the motion states.
There's no proof the plaintiffs are being treated any differently than "similarly situated" Caucasian tenants, according to Midland's motion. It says the suit's claim that white Midland tenants living in other complexes who are not receiving Section 8 funds are living in better maintained apartments is like "comparing apples to oranges."
The motion also says the two-year statute of limitations has run out for White to file a complaint because it's been more than 2 years since she first complained about mold, and it notes that, although she said she had been threatened with eviction for complaining, she has not been evicted.
James said she did not suspect her living conditions in her daughter's death until her 1-year-old son became sick in February and it was determined he too had RSV....
She then talked to other tenants and Ralls and came to the conclusion that mold in her apartment caused the maladies suffered by her daughter and son.
Source: The Chicago Tribune, 5/29/03
SEIU's Hospital Accountability Project
In January the Hospital Accountability Project released Why the Working Poor Pay More, a report examining the discriminatory pricing of health care in Illinois. Discriminatory pricing is the practice of expecting the uninsured to pay two or three times more than the insured for the same treatment. As many as 80,000 Illinois residents may be victimized by hospital price discrimination every year.
Our second report, Uninsured and Overcharged, examines how hospitals in Cook County compare on this issue.
Our research shows that Advocate Health Care leads the way on the discriminatory pricing of health care in Cook County.
Advocate charges the highest "sticker prices" for treatment in Cook County, and only expects the uninsured to pay this full price.
Advocate serves the most uninsured in Cook County after the public hospitals.
Advocate expects the insured to pay $6,000 on average for treatment, while expecting the uninsured to pay approximately $13,000 or 139% more.
Advocate has the highest profit margin on the uninsured who pay their bills in full. The Hospital Accountability Project is calling on Advocate Health Care, as the leading private provider of health care in Chicagoland, to repudiate this unconscionable practice.Our project is also calling on the Illinois General Assembly to end this practice in Illinois by passing the Discriminatory Pricing Reform Act.
If you would like a free copy of the report or to get involved in ending this pricing, please call Mildred Dale at 312/541.9566, x10.
Hospital Accountability Project
Source: SEIU, 5/27/03.
Campaign for Better Health Care's Summer Celebration
Monday, June 16, from 5:30-7:30 p.m. at La Decima Musa Restaurant, 1901 South Loomis, Chicago
Join the Campaign for Better Health Care and fellow universal health care supporters in celebrating the passage of our universal health care bill, HB 2268, in the Illinois State House. And help us kick off our efforts to build support for its passage in the Senate's fall veto session. We are now closer than ever to health care justice for everyone in Illinois!
Speakers include Senator Barack Obama and Rep. William Delgado, the lead sponsors of the Health Care Justice Act.
All tickets include appetizers and non-alcoholic beverages.
Cash bar also available.
Friend: $50; Sponsor: $100.
Your extra donation helps strengthen the fight for health care justice even more. All sponsors will receive special recognition at the event.
Please mail name, address, city, state, zip, phone, fax, email, number of Friend or Sponsor tickets needed (or donation amount if unable to attend) along with check or credit card number (include expiration date) to:
Meghan McCann
1325 S. Wabash #305
Chicago, IL 60605
Helping.org
Meghan McCann
Buy a ticket
Lincoln Developmental Center Controversy
Governor Blagojevich and a handful of other lawmakers have been very public about their intentions to reopen the Lincoln Developmental Center (LDC).
Currently, $10 million not included in the budget the Governor submitted to the General Assembly on April 9th has been designated to maintain 50 beds at LDC. That averages to $200,000 per bed, which in itself is beyond excessive.
Governor Blagojevich stated in his Budget Address that the cost of allowing a person with a disability to live in the community is far less than the cost of institutionalization. Indeed, when analyzed, the cost of keeping a person with a disability in an institution is twice as much as that of a community-based setting. Yet, neither the administration nor the few lawmakers who seem to support this idea has addressed this extremely important issue.
Though much respect and consideration must be given to the concerns of parents of former LDC residents, it must be recognized that many of these fears were never adequately addressed through education regarding other programs and services available to them in the community. It is very difficult to eradicate a mindset that has been promulgated on fear for many years.It is the responsibility of the disability community, service providers, and the appropriate state agencies to offer alternatives to worried and fearful parents, informing them of options and services that are available to assist their often-adult child with an easier transition into the community.
It is also worth noting, as expressed by the Chicago Tribune editorial, that many former LDC residents are now living in assisted living environments or on their own in the community. When time was spent with these individuals, it was clear that they could be much more independent than they were being allowed to be at LDC.
Education is the key to aiding the transition from institutionalization to a more independent life. When the issue is finally and objectively analyzed, it is the freedom of choice for persons with severe disabilities that is in question.
The final vote was for $8 million, with vague language that seems to point to housing that will enable people to live in the community and the state to comply with Olmstead.Advocates are urged to keep informed about the progress of this money.
Actions Needed
You need to contact your Illinois Representatives and Senators as well as the Governor's Office. Inform them that reopening LDC in any way similar to its former capacity is unacceptable. Let them know that $8 million can be used in much more productive ways than warehousing people with disabilities.
Contact information for the Governor's Office:
Gov.Rod R. Blagojevich
Office of the Governor, 207 State House, Springfield, IL 62706
Phone: 217/782.0244
Tyler D. McHaley
Advocacy Coordinator
Coalition of Citizens with Disabilities in Illinois
300 E. Monroe, Suite 100
Springfield, Illinois 62701
V/TTY: 217/522.7016
Fax: (217) 522-7024
Find out who represents you in the General Assembly.
Judd Goldman Adaptive Sailing Lessons
Twelve hours of instruction (six 2-hour lessons) are available for beginner and intermediate sailors for $85. A one-to-two instructor/student ratio is emphasized, however, each participant can bring a friend along for the lesson.
Participants are eligible for crew certification after completion of 12 hours of instruction. Skipper certification is considered after completion of 24 hours of instruction.
Lessons are offered Wednesday through Sunday. Phone reservations will be taken Wednesday through Friday between 9 and 5 up to one week in advance.
Scholarships may be available based on financial need. Applications may be obtained by calling the Burnham Harbor Sailing Center, 312/747.7684.
Dates of operation are 5/31/03 to 8/31/03. Closed Mondays and Tuesdays.
Phone 312/747.7684.
Chicago ADAPT Annual Banquet
You are invited to the 4th annual Justice & Freedom Banquet at John Barleycorn Memorial Pub, 658 W Belden at Lincoln. Honorees include Carl Suter, Phyllis Doering, and ADAPT of Chicago Productions.
Join us on Saturday, June 21st from 4 to 7. Contact Kevin Irvine, 773/368.7313. Dinner tickets are $50 or $25 for people who have low income. Make checks payable to Chicago ADAPT; mail to Kevin Irvine, 3113 W Lawrence, #B402, Chicago 60625.
IDEA Rally June 17 in DC
A National Rally to Preserve Civil Rights, under IDEA, for Students with Disabilities; A Rally For Parents, Children/Students and Advocates: The US House of Representatives stripped the rights of parents and children/students with disabilities when they amended IDEA!
The House assaults on IDEA would segregate students with disabilities, would punish them for their disabilities and would remove accountability for a Free and Appropriate Education!
Come to Washington DC
Tuesday, June 17; attend Rally and Press Conference, 1:00 to 2:30 PM., Room G50, Dirksen Senate Office Building. Visit Senators before or after the event by making appointments!
Rally in your state or local community. If you can't get to Washington organize a "send-off" for those going to D.C.
For more information contact:
East Coast: Sue Hetrick (toll free) 866/885.5733
West Coast: Julia Epstein 510/ 644.2555 / e-mail
Endorsed by American Association of People with Disabilities, Disability Rights Education and Defense Fund, National Disabled Student Union, National Council on Independent Living, TASH, National Down Syndrome Society, The National Center for Law and Education
For Sale: Bruno trunk lift
Bruno trunk lift in good condition has an extra extended arm control. When new, it cost $850; available for $500 or best offer. Call Ed Bannister, 630/202.6109. Bravo scooter is 5 years old, in good condition. Small adult size. Available for $100. Call Ms Quirk, 312/230.2289.
