Doe v. Trump

/in , , , , /by Pam Katz

State: Oregon

Filed: February 6, 2020

Court: Ninth Circuit Court of Appeals

Overview: This brief supports the preliminary injunction of the Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System as discriminatory against people with disabilities. The brief argues that the Proclamation attempts to replace the multi-factor public charge test provided by Congress with a single-factor test based exclusively on whether a visa applicant has “approved” health insurance to determine if they will be a “financial burden.”

Excerpt: “The Proclamation would re-impose these discriminatory barriers, requiring immigrants to provide proof of health insurance coverage through ‘approved’ plans that are not accessible for most people with disabilities due to medical underwriting, pre-existing condition exclusions, and other requirements. The purported goal of the Proclamation is to reduce the costs of uncompensated care, yet it excludes health insurance options available to individuals with disabilities that have been shown to reduce these costs, including subsidized Affordable Care Act (“ACA”) marketplace health plans and Medicaid. The Proclamation thus acts as a de facto bar to entry for immigrants with disabilities without any rational link to its alleged purpose.”

Case Documents

Amicus Brief

In the Matter of Marian T.

/in , , , , /by Pam Katz

State: New York

Filed: December 31, 2019

Court: New York Court of Appeals

Overview: This brief argues that New York’s adoption statute requires the informed consent of adult adoptees. The lower court held that the consent of the adult adoptee is properly dispensed with where adoption would further the person’s best interests.

Excerpt: “In dispensing with Marian’s consent to her own adoption, the lower courts embraced the outdated-and discriminatory-view that adults with intellectual disability may be treated as perpetual children under the law. Despite changes in law, policy, and societal attitudes regarding the treatment of adults with intellectual disability, outmoded stereotypes of adults with intellectual disability as lacking personhood and the ability to exercise self-determination linger. The lower courts’ decisions reflect those outdated views and threaten a dangerous reversal of advances made by people with intellectual disability.”

Case Documents

Amicus Brief

Espinoza v. Montana Department of Revenue

/in , , , , , /by Pam Katz

State: Montana

Filed: November 15, 2019

Court: U.S. Supreme Court

Overview: The brief argues that voucher and tax-credit programs like Montana’s redirect public funds to private entities largely unbound by the federal laws that for generations have guarded the rights and futures of students with disabilities. Allowing such programs to proliferate would significantly harm students with disabilities.

Excerpt: “For nearly fifty years, children with disabilities have relied on key federal laws to ensure that they receive the education to which they are entitled and are protected from discrimination and segregation in public schools. School voucher and tax-credit programs, including the Montana program at issue in this case, risk eroding these decades of progress. They redirect public money to private schools, which often fail to offer appropriate or integrated education to students with disabilities and commonly exclude them outright. And they deplete funding for public schools, which remain bound to comply with the comprehensive federal laws ensuring that students with disabilities are properly served. In the process, more and more students with disabilities will be excluded, neglected, and segregated—precisely the harms that Congress has repeatedly acted to stop.”

Case Documents

Amicus Brief 

Related Media

Press Release: Advocacy Groups File U.S. Supreme Court Brief Warning That School Vouchers Harm Students With Disabilities

Cropp v. Larimer County

/in , , , , , , /by Pam Katz

State: Colorado

Filed: December 18, 2019

Court: Tenth Circuit Court of Appeals

Overview: The amicus brief supported Mr. Cropp’s petition for a rehearing en banc. Mr. Cropp is an individual with Alzheimer’s who was arrested after police found him wandering in his neighborhood and tackled him to the ground when he would not answer their questions. His wife came to visit him in jail and asked for an accommodation to be able to sit next to him and explain the release form he was required to fill out in order to leave the jail. Despite knowledge of Mr. Cropp’s disability, the County denied these accommodation requests without making an individualized inquiry or analysis of his communications needs. The district court granted the County’s motion for summary judgement and the Tenth Circuit affirmed.

Excerpt: “The majority’s decision undermines the requirements of Title II in two ways…First, Title II requires that public entities provide communication with disabled people that is “as effective as” communication with nondisabled people. In contrast, the majority would require disabled people to show that communication offered by a public entity was ‘wholly ineffective.’ Second, Title II requires that governmental entities give “primary consideration” to the requests of disabled people in determining the appropriate method of communication with them.”

Case Documents

Amicus Brief

Talk About Sexual Violence: Resources From Other Organizations

/in , , , , , , , /by Pam Katz

Hotlines and Resources for Crime Victims

Rape, Abuse & Incest National Network: RAINN is the largest anti-sexual violence organization and leading authority on sexual violence, working together to provide services for survivors, inform and educate the nation about sexual violence, and improve the public policy and criminal justice response to sexual violence.

Victim Connect Resource Center: Referral helpline where crime victims can learn about their rights and options confidentially and compassionately | 1-855-4-VICTIM (1-855-484-2846)

National Domestic Violence Hotline: Provides tools and support that enable victims to find safety and live lives free of abuse. Hotline (1-800-799-7233) available in more than 20 languages.

California Victims of Crime Resource Center (VCRC): Located on the Pacific McGeorge School of Law campus in Sacramento, CA. VCRC provides a confidential hotline (1-800-VICTIMS) for information and referrals statewide to victims, their families, service providers, and advocates.

Crime Victim Compensation Program Initiative: Every state has a crime victim compensation program, with funds available to help crime victims recover from financial losses resulting from victimization. Factsheet available here.

Vera Institute of Justice: How Safe are Americans with Disabilities? Fact sheet and report about violent crimes and their implications.

Reporting to Police: A Guide for Victims of Sexual Abuse: Where and how a victim can report abuse.

Mandatory Reporting Laws

Most states have mandatory reporting laws for health care professionals which require reporting of specified injuries and suspected abuse that includes sexual assault or domestic violence. Laws vary from state to state.

RAINN: Mandatory Reporting Requirements for California: Information on reporting requirements.

California’s Domestic Violence & Mandatory Reporting Law: Requirements for health care practitioners, common questions, and answers on reporting requirements.

Reporting Elder and Dependent Adult Abuse: It is YOUR Duty: California’s Protection & Advocacy System Information on mandatory reporting.

Compendium of State Statutes and Policies on Domestic Violence and Health Care (2013): Provides a summary of state and U.S. territory laws, regulations, and other activities relevant to addressing domestic violence in health care settings.

Patient-Centered Communication

Patient-centered communication includes listening to, informing, and involving patients in their care.

Interviewing Victims of Sexual Assault as Part of Sex Offender Management: A guide for interviewing victims of crime.

U.S. Department of Justice Office of Justice Programs, Office for Victims of Crimes:. Techniques for interviewing victims with communication and/or cognitive disabilities.

Patient-Centered Communication Basic Skills: Communication skills needed by health care providers for patient-centered care.

Teach Back

The Teach Back method confirms whether a patient (or caretaker) understands what is explained to them.

Quick Guide to Health Literacy: Health Literacy Basics: Illustrates one of the pervasive problems in medicine: Americans’ low levels of health literacy (the ability to obtain, understand, and use health information).

The Teach-Back Method: Learn about Teach Back, a way to confirm that you have explained to the patient what they need to know in a way the patient understands.

Always Use Teach-Back: Toolkit to help health care providers learn to use Teach Back to support patients and families.

Augmentative and Alternative Communication (AAC)

AAC includes all forms of communication (other than oral speech) used for expression. It includes our facial expressions or gestures, use of symbols or pictures, and writing. People with severe speech or language difficulties rely on AAC to supplement existing speech or replace it altogether.

Types of AAC Systems, Devices, and Aides: A quick introduction to what AAC is, as well as types of AAC that are commonly used.

AAC Institute: Resources enhancing communication of people who rely on AAC through service delivery, research, activity organization, information dissemination, and education.

International Society for Augmentative and Alternative Communication: Provides awareness about how AAC helps individuals without speech by sharing information and promoting approaches to research, technology and literacy.

Sexual Violence and Abuse Prevention

The Office for Victims of Crime (OVC) Library on Victims with Disabilities: Publications, forums, and other resources.

Disability & Abuse Project: National survey that focuses on incidents of, response to, and attitudes about crime victimization of children and adults with disabilities.

Crime Against Persons With Disabilities, 2009-2015: Infographic on crimes against people with disabilities.

Recognition of a Pattern, Call for a Response: The “Rule Out Abuse Campaign” calls for practitioners to pay closer attention to abuse as a possible cause when examining people with disabilities who have experienced significant changes in behavior.

Victimization of Persons with Traumatic Brain Injury or Other Disabilities: Fact sheet for professionals. 

Peer Advocacy

Abuse of People with Disabilities: A Silent Epidemic: A public service video to encourage people with disabilities to speak up about abuse.

Myths and Facts About Male Sexual Abuse and Assault: Cultural myths surrounding the sexual abuse and assault of boys and men can be serious obstacles to understanding and healing, so it’s important distinguish myth from fact.

Sexual Assault Against Men and Boys: Information from RAINN on basic facts around sexual assault of men and boys, as well as how to find help and support survivors.

Sexual Victimization of Men with Disabilities and Deaf Men: Men with disabilities experience victimization, including sexual violence, at rates higher than their counterparts without disabilities.

Peer-to-Peer: A written guide for a course to help self-advocates become peer supporters.

Real Talk: Improving Quality of Sexual Health Care for Patients with Disabilities. A guide for sexual and reproductive health providers about inclusion and accommodations when working with people with all types of disabilities.

A Letter for My Doctors: A fill-in the blanks tool to help self-advocates make their own health care decisions.

 

Training Needs of Professionals Who Serve People With IDD and Mental Health Needs and Their Families

/in , , /by Pam Katz

Up to 40% of people with intellectual and developmental disabilities (IDD) experience co-occurring mental illness. Despite the prevalence of mental health needs among people with IDD, little is known about the best approaches for supporting the needs of people with IDD and co-occurring mental health challenges and their families. This uncertainty has led to the dependence on outdated and potentially bad approaches to mental health care, such as seclusion, restraint, and psychotropics, which may cause individuals with dual diagnosis an increase in their struggles with poor mental health, as well as a lack of family support resources and services available for people and their families.

Previously, The Arc explored the family support needs of families that include a person with the dual diagnosis of IDD and mental health needs. One critical recommendation coming from this investigation was the need for more training around IDD and mental health for disability, mental health, and education professionals. In 2019 as part of its work as an FSRTC partner, The Arc conducted focus groups that probed the training needs of and barriers that disability, mental health, and education professionals face when serving people with IDD and co-occurring mental health challenges. The focus of these groups included:

  • Discussing and better understanding the training needs and challenges that disability, mental health, and education professionals face when serving people with IDD and co-occurring mental health challenges and their families;
  • Identifying key topics and issues that professionals should be trained on regarding serving people with IDD and mental health challenges; and
  • Developing recommendations on the best opportunities for training format and delivery across all professionals.

Talk About Sexual Violence: Peer Advocates Talk

/in , , , , , , /by Pam Katz

This video can be used in tandem with our self-advocate conversation guide to discuss sexual violence and support people with disabilities who have experienced it (also available in Spanish).


English Transcript  |  Spanish Transcript 

Talk About Sexual Violence: Phase Two Training Tools

/in , , , , , /by Pam Katz

These tools can be used in tandem with our videos “How to Have the Conversation with Male Survivors”, “James Goes to the Doctor”, and “Peer Advocates Talk” to discuss sexual violence and support men who have experienced it.


Guide for Health Care Providers

This Guide is a companion piece that accompanies the Talk About Sexual Violence videos. Health care professionals can use this Guide, along with the PowerPoint slides and online resources, to learn about ways to talk about sexual violence with men who have IDD. It provides practical approaches health care professionals can use to create safe environments to openly talk about this topic.

English  |  Spanish

 

Guide for Self-Advocates

This guide explains how to talk to your health care provider about sexual violence.

English  |  Spanish

 

PowerPoint Slides

To be used in presentations.

English  |  Spanish

 

Referral Cards Template

Talk About Sexual Violence: James Goes to the Doctor

/in , , , , , , /by Pam Katz

This video can be used in tandem with our charts and other training tools to discuss sexual violence and support men who have experienced it.


English Transcript  |  Spanish Transcript 

Talk About Sexual Violence: How to Have the Conversation With Male Survivors

/in , , , , , /by Pam Katz

This video can be used in tandem with our charts and other training tools to discuss sexual violence and support men who have experienced it.

 

English Transcript  |  Spanish Transcript