Victimization and People With Disabilities: It’s Real TALKS Train-the-Trainer Discussion Guide

/in , , , , /by Pam Katz

People with disabilities are more likely than people without disabilities to be victims of mistreatment, abuse, neglect, and exploitation. The Victimization and People with Disabilities: It’s Real TALKS Train-The-Trainer Discussion Guide is for organizations to learn about victims with developmental and other disabilities who have experienced crimes of sexual assault, trafficking, financial exploitation, and Medicaid fraud; and solutions from professionals to help support survivors and to reduce victimization of people with disabilities.

Crime Victims With Disabilities: Know Your Rights

/in , , , , /by The Arc

As a crime victim with a disability, it may be hard to know what to do. With this fact sheet, you can know your rights and where to find help.

Talk About Sexual Violence Phase 3 Introduction

/in , , , , , /by Pam Katz

Now in its third year, the Talk About Sexual Violence project will build on its success by not only preparing health care professionals to have much-needed conversations about sexual violence with people with IDD, but to know how to use a supported decision-making lens that supports victim-centered approaches. This flyer gives an overview of the Phase 3 project focus and related information.

Town Hall: The Arc’s Response to COVID-19 and Plans for the Future

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

We are in the midst of a global health pandemic that is wreaking havoc on all of our lives and has been particularly devastating for people with intellectual and developmental disabilities (IDD) and their families. While we battle COVID-19, we must also plan for the future and the challenges ahead. In the wake of this health emergency and economic crisis, we need to organize and advocate more than ever before. The human rights of people with IDD and the supports and services they need to both live in and be valued members of their communities are at stake.

This Town Hall delves into The Arc’s response to the pandemic, the progress we’ve made, and the threats that remain. We also unveiled the new Strategic Framework for the Future of The Arc¸ a dynamic plan to build a more powerful, nationwide disability community movement.

View Town Hall Presentation Slides here.

View a transcript of the discussion here. 

Criminal Justice 101

/in , , , , , /by Pam Katz

The criminal justice system is very confusing. It is not easy to understand. People with disabilities often get involved in the system. They can get involved as witnesses, victims, or suspects/defendants. A victim is someone who is hurt when a crime is committed. A suspect or defendant is someone who has been accused of a crime. Topics addressed on this webinar include explaining how one may get involved in the justice system, the stages within the justice system, and the roles of key players within the justice system.

You can view webinar slides here.

Presenters

Reginald Thomas, The Arc’s National Center on Criminal Justice & Disability

Ariel Simms, The Arc’s National Center on Criminal Justice & Disability

For further questions, please email NCCJDinfo@thearc.org.

Palmer v. Georgia

/in , , , , /by Pam Katz

State: Georgia

Filed: July 6, 2020

Court: Supreme Court of Georgia

Overview: This amicus brief challenges Georgia’s “beyond a reasonable doubt” standard in determining intellectual disability in death penalty cases as creating a constitutionally unacceptable risk that defendants who have legitimate claims of intellectual disability will nonetheless be sentenced to death.

Excerpt: “Georgia was the first state in the Nation to establish a prohibition against executing individuals with ID thirteen years before the U.S. Supreme Court established a constitutional exemption in Atkins, and its leadership on the issue is to be commended…Despite Georgia’s early leadership on the issue, since Atkins not a single defendant in Georgia has been held to be exempt from execution due to ID pursuant to O.C.G.A. § 17-7-131.6 As set forth below, this onerous burden of “beyond a reasonable doubt” is inconsistent with the clinical diagnostic process and encourages jurors to default to stereotypes about people with ID.”

Case Documents

Amicus Brief

Related Media

Press Release: The Arc Calls for Georgia Supreme Court to Reexamine Unconstitutional Standard for Proving Intellectual Disability in Death Penalty Cases

Talk About Sexual Violence: Survivor Perspectives

/in , , , , , /by Pam Katz

Two survivors of sexual violence discuss their experiences and journey of healing.

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.