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The Arc@Work Lands Investment in Employment Placement Services From Walmart Foundation

/in /by The Arc

Washington, DC – The Arc’s employment program, The Arc@Work, is pleased to announce it has received a $245,000, one-year grant from the Walmart Foundation. This funding will be dedicated toward developing innovative programs that place people with intellectual and developmental disabilities (IDD) in competitive, integrated employment within their communities.

Current research indicates that 85% of people with IDD are unemployed. The Arc is working with the public and private sectors to change this reality and offer an opportunity for people with IDD to obtain meaningful career opportunities alongside people without disabilities on an unprecedented scale. New developments include a government directive to hire 100,000 employees with disabilities as well as updated regulations for federal contractors. As a result, the federal government and more than 45,000 contractors that include many Fortune 500 companies are now seeking employees with disabilities like never before. Unfortunately, this current demand cannot be matched by existing workforce systems that support the IDD community. And without a strong, unified pipeline in place, this population will not benefit from these new guidelines as much as other disability groups.

“For far too long, people with intellectual and developmental disabilities have been relegated to the margins of the working world. Along with private initiatives, new government regulations promise to dramatically increase the number of people with disabilities placed alongside of people without disabilities in integrated, competitive environments. The support from the Walmart Foundation will allow The Arc to build a system that will transform the existing pool of talented candidates with disabilities into productive employees,” said Peter Berns, CEO of The Arc.

The Arc@Work is well-positioned to tackle this challenge, as it has the expertise and resources to harness the current social, political, and philanthropic energy behind workforce development efforts for people with IDD. For this particular project, The Arc@Work will utilize existing infrastructure, as well as tap sixteen chapters of The Arc to create an increased number of corporate hiring opportunities. Ultimately this model will connect well-qualified job seekers with IDD to local, regional, and national employers. The chapters that will be involved include UCP Seguin (IL); The Arc of the Midlands (SC); The Arc of Spokane; The Arc of Anchorage (AK); The Arc of Montgomery County (MD); The Arc of El Paso (TX); The Arc of Monroe County (NY); St. Louis Arc (MO); The Arc of Chester County (PA); Berkshire County Arc (MA); Star, Inc. (CT); The Arc of North Carolina (NC); The Arc Davidson County and Greater Nashville (TN); VersAbility (VA); The Arc of Bristol County (MA); and ADEC (IN), each of which will receive an average sub-grant award of $10,000.

Many of these chapters currently offer high-quality employment services for people with IDD, such as job development, job coaching, as well as skill-building opportunities like preparation for interviews and resume development. Under their guidance, people with IDD will receive support to secure competitive employment in their communities. Additionally, over the project period, the chapters of The Arc will strengthen their capacity to place people with IDD into integrated, community-based employment by developing or deepening partnerships with local, regional, and national employers during the project period. Local, regional, or national employers will be able to improve their ability to successfully employ people with IDD as a result of their partnership with The Arc.

“This grant is an example of the Walmart Foundation’s commitment to modeling one of our core values – Respect for the Individual, “said Carol May, Program Manager of the Walmart Foundation. “We desire to see communities empower all individuals to reach their full potential.”

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc Launches Voter Support Service for People With Disabilities to Report Voting Problems

/in /by The Arc

Washington, DC – In advance of this crucial election, The Arc has launched a new Voter Support Service to help people with disabilities report any barriers they experience when voting, and get help to resolve their issue to ensure their vote is counted.

“People with intellectual and developmental disabilities should be a force in our election process. But we know that in 2012, one in five voters with disabilities experienced a barrier at the polls. This is unacceptable, and to help resolve this problem, we have created a tool at your fingertips to get help with casting your ballot. This site needs to be saved to your phone so that when you go to exercise your right to vote, you can get the help you may need to make your vote count,” said Peter Berns, CEO of The Arc.

The impact of the disability vote could be staggering – according to a report put out by Rutgers University School of Management and Labor Relations, titled “Projecting the Number of Eligible Voters with Disabilities in the November 2016 Elections”, in this election cycle there will be 62.7 million eligible voters who either have a disability or have a household member with a disability, more than one-fourth of the total electorate. A projected 35.4 million people with disabilities will be eligible to vote this year, representing close to one-sixth of the total electorate. And the number of eligible voters with disabilities has increased 10.8% since 2008, compared to an increase of 8.5% among eligible voters without disabilities.

The Arc is dedicated to helping resolve voting access problems in real-time, and has partnered with Election Protection’s national network of support. Election Protection is a nonpartisan service formed by a coalition of more than 100 local, state and national partner organizations that have a national response infrastructure to handle intake of complaints and problems with access to voting.

The Voter Support Service is a simple, mobile-friendly site for people with disabilities to ensure that their vote counts, and they are included in the democratic process. The Voter Support Service allows a voter on Election Day waiting to cast their ballot a way to ask for help or report a problem at a polling place; find a polling place; join The Arc’s national Disability Advocacy Network; and more.

“We at The Arc are dedicated to an inclusive society for people with disabilities that encompass all aspects of life, including the right to civic engagement. Voting is a fundamental form of expression that helps shape the future of our country. It’s incredibly important that people with disabilities vote. In the words of a disability rights legend Justin Dart, Jr., ‘vote as if your life depended on it, because it does’,” said Berns.

You can save the site to the home screen of your iPhone or Android by following these instructions.

This effort is being supported by the Ruderman Family Foundation and American Association of People with Disabilities.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc, Other Advocates Launch Modern Medicaid Alliance; New Initiative Highlights Program Benefits, Stories, and Innovations

/in /by The Arc

Washington, D.C. – Despite the enormous societal and economic benefits offered by the modern Medicaid program, a lack of dialogue about the true value of the program drives misperceptions relating to it. Today, an alliance of more than two dozen national advocacy organizations formally launched with the aim of educating the public and policy makers about the Medicaid program and its importance for the more than 70 million Americans covered by it.

The Arc joined advocates for low-income Americans, children’s health and well-being, people with mental illness, people with disabilities, health care providers, and business organizations today in announcing their participation in the Modern Medicaid Alliance (MMA). A list of the members of the Modern Medicaid Alliance can be found here.

From lowering health care costs to delivering better health outcomes for beneficiaries, Medicaid keeps our nation healthier and enables more citizens to have access to affordable, quality healthcare so they can care for their families and be productive in the workplace. The largest health care program in the country has also become a proven laboratory for innovation as cash-strapped states have sought solutions for difficult population health issues. Despite its positive impact on tens of millions of people and America as a whole, the need for greater awareness among policymakers and the public about the value of our investment in it remains high.

“Medicaid is the backbone of our system of services and supports for people with intellectual and developmental disabilities, and the critical role it plays in providing long term services and supports is often overlooked. We welcome the opportunity to be a voice for the vital role the program plays in providing health care and assisting people with IDD to live and work in the community,” said Marty Ford, Senior Executive Officer for Public Policy at The Arc.

About the Modern Medicaid Alliance: The Modern Medicaid Alliance works as a collective group of organizations and grassroots members to educate policymakers and the public about the benefits of Medicaid to the American people and to highlight how Medicaid’s innovative solutions are positively impacting those it serves with the goal of ensuring the benefits and best practices of today’s Medicaid program can impact as many of the program’s 70 million beneficiaries as possible.

About The Arc: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, Autism, Fetal Alcohol Spectrum Disorders, Cerebral Palsy and other diagnoses. The Arc has a network of 700 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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.

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The Arc Responds to Connecticut Court Ruling on Education and Access for Children With Disabilities

/in /by The Arc

Washington, DC – Recently, Judge Thomas Moukawsher of the Connecticut State Superior Court released a sweeping ruling on school funding that could have dire, negative consequences on students with disabilities, particularly students with intellectual and/or developmental as well as behavioral and emotional disabilities.

The case, Connecticut Coalition for Justice in Education Funding v. Rell, was initiated in 2005 and challenged the state constitutionality of Connecticut’s pre-kindergarten through twelfth grade education finance system, claiming that the state was inadequately funding the poorest and lowest- performing districts. Judge Moukawsher held that “Connecticut is defaulting on its constitutional duty” to give all children an adequate education and ordered the state to make far-reaching changes regarding how schools are financed, which students are eligible to graduate from high school, and how teachers are paid and evaluated, among others. The judge noted that the state “has left rich school districts to flourish and poor school districts to flounder,” thereby failing to provide children with a “fair opportunity for an elementary and secondary school education.” Judge Moukawsher did not mandate any particular policies for the state to adopt in light of the ruling – rather, he ordered the attorney general’s office to submit plans within 180 days to solve the problems outlined in the decision.

While this decision may appear to assist vulnerable students in Connecticut, Judge Moukawsher also noted within the decision that children with certain “profound” disabilities be denied a public education, erroneously stating that: “The call is not about whether certain profoundly disabled children are entitled to a ‘free appropriate public education.’ It is about whether schools can decide in an education plan for a covered child that the child has a minimal or no chance for education, and therefore the school should not make expensive, extensive, and ultimately pro-forma efforts…no case holds otherwise, and this means that extensive services are not always required.” The state has appealed the ruling to the Connecticut Supreme Court.

The Arc, a leading national disability organization, and The Arc of Connecticut, released the following statement on the ruling:

“While the disability community has won many important, hard fought battles when it comes to kids with disabilities accessing a free and appropriate public education, this ruling demonstrates we have a long way to go to ensure discrimination in our education system is a distant memory.

“The language of this ruling turns back the clocks on how society places value in the lives of people with disabilities. It ignores all the examples of people with disabilities being told they can’t do this, or won’t be able to do that, who proved the experts wrong. If we followed this narrow view and didn’t invest in the education of all kids, we would be missing out on the contributions every single person can make in their community. I’m glad the state is appealing this ruling, and The Arc of Connecticut will be a leader in making sure that all kids with disabilities are treated fairly under the law,” said Peter Berns, CEO of The Arc.

“This ruling is deeply disturbing on two levels,” said Leslie Simoes, the executive director of The Arc of Connecticut. “First, the court ignored the law. Though it was common to deny an education to children with disabilities in the past, federal law has entitled all children with disabilities- not just some children- to a free and appropriate public education in the least restrictive environment for more than 40 years. Attempting to differentiate children deserving of an education by the severity of their disability would be both arbitrary and lead to creating perverse incentives for states.

“Second, I categorically reject the court’s premise that the only way one group of struggling students can progress is to take services away from others who face enormous challenges. Our aim must be to move forward together, not to benefit some by leaving others behind. That is not only illegal, it denies those children their basic human right to live as full members of their community.”

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc Welcomes Long Overdue Initial Zika Prevention Funding Package

/in /by The Arc

Washington, DC – After months of delay, late last night Congress finally approved and sent to President Obama’s desk a funding package for Zika prevention. Some women infected with Zika while pregnant give birth to babies with severely disabling brain injury, including microcephaly. Many of The Arc’s more than 650 chapters provide supports and services to families and people with a range of disabilities, including significant disabilities. Since 2015, more than 23,000 cases of Zika have been confirmed in the U.S. and its territories, with over 2,000 of these among pregnant women.

“After months of inaction, we are relieved that Congress finally approved funding to address this public health threat. These resources will allow us to slow the spread of Zika until a treatment or vaccine can be developed.

Unfortunately, women will continue to have to wait for years to know the full range of developmental delays that their Zika infections have caused in their children. Affected children and their families then will enter our nation’s woefully inadequate system for providing services and supports for the millions of people with intellectual and developmental disabilities in communities across the country. The Arc continues to educate Members of Congress and the public about the importance of our lifeline programs, Medicaid and Social Security, for people with disabilities and their families,” said Peter Berns, CEO of The Arc.

In February, the White House asked for $1.9 billion for Zika vaccine development, better testing, and mosquito reduction. With no action taken by Congress, in April the White House transferred $589 million from money set aside to fight Ebola and other problems to work on Zika prevention efforts. With that funding dwindling, Congress was at an impasse all summer and into September over the funding level and extraneous items some were attempting to include in the bill that Congress couldn’t agree on. The approved legislation includes $1.1 billion for this effort.

The Arc has long held a position on the prevention of intellectual and developmental disabilities (IDD), supporting our national efforts to continue to investigate the causes, reduce the incidence and limit the consequences of IDD through education, clinical and applied research, advocacy, and appropriate supports. We firmly believe that prevention activities do not diminish the value of any individual, but rather strive to maximize independence and enhance quality of life for people with IDD.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc Responds to Florida Supreme Court’s Decision to Vacate Death Sentence for Freddie Lee Hall in Florida

/in , /by The Arc

Washington, DC – The Arc released the following statement following news that the Supreme Court of Florida reversed the circuit court’s order in the case Hall v. Florida, a death penalty case concerning the definition of intellectual disability (ID) that Florida uses in deciding whether an individual with that disability is protected by the U.S. Supreme Court’s decision in Atkins v. Virginia. With this decision Freddie Lee Hall will be taken off death row and his sentence will be reduced to life in prison. In 2002, the U.S. Supreme Court ruled in the Atkins v. Virginia case that executing inmates with ID is unconstitutional as it violates the Eighth Amendment ban on cruel and unusual punishment.

“Today the Supreme Court of Florida showed its commitment to ensuring justice for individuals with intellectual disability. This decision is an affirmation of years of legal advocacy on behalf of Mr. Hall.

“With the original sentencing in Hall’s case Florida was violating the Supreme Court’s Atkins v. Virginia ruling and we are pleased to see justice finally being served. Our hope is that Florida’s decision will serve as guidepost to other states that have similar cases involving defendants with intellectual disability. While we are pleased with Florida’s decision, we also think of other individuals who were unjustly denied Atkins protections and sentenced to death, individuals like Warren Hill, executed in Georgia last year, despite the protections of the Atkins decision.

“The Arc remains committed to fighting for the rights of people with intellectual and developmental disabilities, and we will continue our legal advocacy work to make sure that the Supreme Court ruling on this issue is followed in jurisdictions across the country,” said Peter Berns, CEO of The Arc.

The Arc has participated in a number of cases on this issue before the Supreme Court including Atkins v. Virginia. The Arc’s amicus (friend-of-the-court) brief was cited by the Justices in support of its ruling that the Constitution protects all defendants with ID. On December 23, 2013, The Arc submitted an amicus brief for the Hall v. Florida case.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, Autism, Fetal Alcohol Spectrum Disorders, Cerebral Palsy and other diagnoses. The Arc has a network of nearly 700 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc Commends Department of Justice’s Report on Investigation of the Baltimore City Police Department

/in , /by The Arc

Washington, DC – Last week, the Department of Justice’s (DOJ) Civil Rights Division released a report following an investigation into the past conduct of the Baltimore City Police Department (BPD). DOJ concluded that there is “reasonable cause to believe that BPD engaged in a pattern or practice of conduct that violates the Constitution or federal law” by engaging in unconstitutional stops, searches, and arrests; using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches, and arrests of African-Americans; using excessive force; and retaliating against people engaging in constitutionally-protected expression. Among these troubling findings, The Arc noted that the treatment of individuals with disabilities by law enforcement was included in the report, which featured a full section on the use of unreasonable force against individuals with disabilities highlighting that “BPD officers repeatedly fail to make reasonable modifications necessary to avoid discrimination in violation of Title II of the Americans with Disabilities Act of 1990 (ADA).”

Among other things, the investigation recommended that BPD offer crisis intervention training, previously offered to only new recruits, to veteran officers as well. DOJ noted that such training helps officers “identify whether an individual is in crisis or engaging in behavior related to a disability, to interact effectively with people with disabilities, to de-escalate a crisis, and to connect the individual with local resources to provide treatment or support.”

“Far too often, people with intellectual and developmental disabilities are in situations with law enforcement that unnecessarily escalate because officers aren’t trained in crisis prevention or how to recognize and accommodate various disabilities. This is not only happening in Maryland, it is a serious problem nationwide. We have got to flip the script when it comes to law enforcement training so that police departments understand that recognizing and appropriately accommodating disability in the line of duty is not optional, but is a fundamental aspect of their compliance with civil rights laws, such as the ADA. The recommendations in this report should be adopted across the country, so that we can break the cycle of discrimination that many minorities, including people with disabilities, face, and make our communities safer and more just for all,” said Leigh Ann Davis, Director, Criminal Justice Initiatives, The Arc.

The report found that BPD officers “have escalated interactions that did not initially involve criminal behavior, resulting in the arrest of, or use of force against, individuals in crisis, or with mental health disabilities or IDD, or unnecessary hospitalization of the person with mental health disabilities or IDD.” These unnecessary hospitalizations often violate the “integration mandate” of the ADA and the landmark Olmstead decision, which require public entities to administer services, programs, and activities for people with disabilities in the most integrated setting appropriate and prohibits unjustified institutionalization of people with disabilities.

“The findings in the report are disturbing. It is particularly painful reading this report on the heels of the 26th Anniversary of the ADA. The Arc Maryland stands ready to assist with necessary training to police officers to appropriately respond to people with IDD. We urge BPD to implement specialized training and de-escalation techniques as tactics to reform the system and better serve people with disabilities, African Americans, and any other member of the community that interacts with the criminal justice system,” said Poetri Deal, Director of Public Policy & Advocacy, The Arc Maryland.

Steve Morgan, Executive Director, The Arc Baltimore, said: “The BPD is already working with us to extend the crisis intervention training, previously offered to select officers only, to the entire force. We are working together to address the recommendations, expand their knowledge, and improve community relations.”

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or IDD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with IDD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. Pathways to Justice utilizes a multi-disciplinary response that provides a foundation for a collaborative approach among community partners.

Read more about The Arc’s take on criminal justice reform and people with IDD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country, including 11 in Maryland, promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc’s Statement on Overturning of Brendan Dassey’s Murder Conviction 

/in , /by The Arc

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released the following statement on the news that a judge has overturned the murder conviction of Brendan Dassey:

“This must be a bittersweet ruling for Brendan Dassey and his family. Brendan’s experience has been unique, thanks to Making a Murderer. The documentary revealed to the masses just how easy it is to force a confession from people with intellectual and developmental disabilities.

“My hope is that those following this case will come to realize that our jails and prisons are full of Brendan Dasseys, that false confessions are much more common among those with intellectual and developmental disabilities, and that there is something we can do about it to prevent future injustice.

“Police officers, investigators, attorneys, correctional officers, and others are not adequately trained to identify people who may have an intellectual disability or how to accommodate their needs, and this is especially critical during interrogations. We still have a long way to go to bend the arc of justice when it comes to fair and just treatment of people with disabilities in the criminal justice system. The Arc is committed to revealing the many forms injustice takes in their lives, and working with those in the system to fix it,” said Leigh Ann Davis, Director, Criminal Justice Initiatives.

While people with intellectual and developmental disabilities comprise 2% to 3% of the general population, they represent 4% to 10% of the prison population. Those accused of crimes they did not commit often face the greatest injustice of all, some losing their lives when coerced into giving false confessions. Long before Brendan Dassey’s case hit mainstream media, Robert Perske, respected author, advocate and long-time supporter of The Arc, compiled a list of people with intellectual disability who gave false confessions to begin documenting these otherwise hidden-away cases.

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or IDD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with IDD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. NCCJD is building the capacity of the criminal justice system to respond to gaps in existing services for people with disabilities, focusing on people with IDD who remain a hidden population within the criminal justice system with little or no access to advocacy supports or services.

Read more about The Arc’s take on criminal justice reform and people with IDD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

/in , /by The Arc

Charles Kinsey, a direct support professional for people with intellectual and developmental disabilities, was shot in a situation involving one of the individuals he served, Arnaldo Rios. Following this incident in North Miami, Florida, our network was shocked by how this situation needlessly escalated. Then the news broke that the officer involved in this shooting had the intention of shooting Mr. Rios.

In the aftermath, Mr. Rios has been institutionalized in a psychiatric unit. Below is The Arc’s letter to the Department of Justice supporting an investigation of this case. You can also read our statement here.

Rebecca Bond
Chief
Disability Rights Section – 1425 NYAV
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

Re: The Arc’s Letter of Support for DOJ Investigation of Arnaldo Rios Case

Dear Disability Rights Section Chief Bond:
I am writing to offer the support of The Arc of the United States (The Arc) for a letter from Matthew Dietz, the attorney for Arnaldo Rios, calling for the U.S. Department of Justice (DOJ) to investigate the North Miami Police Department and the State of Florida.

Mr. Rios is an individual with autism who was recently institutionalized in a psychiatric unit following the police’s shooting of his behavioral therapist, Charles Kinsey. Following the shooting, the representative for the officer involved stated to the media that the intention was not to shoot Mr. Kinsey, but to shoot Mr. Rios. Mr. Dietz’s letter, attached here for your reference, calls for the Department of Justice to open an investigation of the North Miami Police Department for its actions and statements involving Mr. Rios and Mr. Kinsey as well as the State of Florida for its failure to provide appropriate community placement to Mr. Rios following the incident. The Arc strongly agrees that such an investigation is necessary and warranted.

With nearly 700 state and local chapters nationwide, The Arc is the largest national community-based organization advocating for and serving people with intellectual and developmental disabilities (IDD) and their families. The Arc promotes and protects the civil and human rights of people with IDD and actively supports their full inclusion and participation in the community throughout their lifetimes. Through our National Center on Criminal Justice and Disability, we seek to build the capacity of the criminal justice system to respond to gaps in existing services for people with IDD, ensure appropriate accommodations are provided via the Americans with Disabilities Act, and provide necessary trainings for law enforcement, attorneys, and judges on how to recognize various intellectual and developmental disabilities and how to appropriately interact with individuals with such disabilities.

When individuals with IDD become involved in the criminal justice system as victims, witnesses, suspects, defendants, or incarcerated individuals, they face fear, prejudice, and lack of understanding. As was apparent in this case, law enforcement personnel often lack accurate and appropriate knowledge to apply standards of due process in a manner that provides justice for individuals with IDD. In addition to improving the quality and prevalence of police training, The Arc supports a community-based crisis management system model, which includes time-based protocols for in-home responses and options for acute placement and is proven to reduce critical incidents, failed placements, and re-admission to psychiatric facilities for community-based clients.
Further, The Arc’s position, strongly supported by Olmstead v. L.C., 527 U.S. 581 (1999), is that individuals with IDD deserve the opportunity for a full life in their community where they can live, learn, work, and socialize. To achieve this goal, they need a comprehensive, person-centered and directed, national system of appropriate high quality long-term supports and services, with a reliable and immediately accessible funding source, including Medicaid, and a well-trained, fairly compensated workforce of providers and direct support professionals. The prevalence of people waiting for services and supports is an unacceptable national crisis. It is not only a choice but also a basic civil right that individuals have adequate and appropriate supports and services needed for them to live in the community. Services must be delivered promptly in the most integrated setting and with sufficient quality and quantity to meet individual needs.

Neither Mr. Rios nor Mr. Kinsey did anything to warrant the police shooting that occurred. Thankfully, Mr. Kinsey survived the shooting and has been released from the hospital. Unfortunately, due to untreated trauma and a severe lack of appropriate community placements, Mr. Rios remains institutionalized in a psychiatric unit, isolated from the community.

The Arc is deeply troubled by the actions of the North Miami Police Department against Mr. Rios and Mr. Kinsey, the State of Florida’s failure to find community placements for individuals with IDD who require intensive behavioral therapy, and its policy of reimbursing institutional placements at significantly higher rates than community placements. In light of the above, we urge the Department of Justice to investigate the actions of both the North Miami Police Department and the State of Florida in this matter. It is vital that Mr. Rios secures an appropriate community placement as soon as possible.

Sincerely,

Shira Wakschlag
Staff Attorney & Special Assistant to the CEO
The Arc of the United States
202-534-3708
Wakschlag@TheArc.org

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The Arc’s Statement on the Shooting of Unarmed Caregiver in Florida

/in , /by The Arc

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released the following statement on the news that Charles Kinsey, a caregiver (commonly known as direct support professional) for people with disabilities, was shot while supporting a young man with autism:

“Earlier this week Charles Kinsey, a direct support professional for individuals with developmental disabilities, was shot in a situation that needlessly escalated. Individuals like Charles play an invaluable role in the lives of those they support. It isn’t uncommon for their clients to see them as extended family and often direct support professionals put the wellbeing of those they are supporting ahead of their own, as was the case in this situation.

“While all the details of this incident have not been released, this case highlights a growing issue in our nation – the lack of training for law enforcement on how to safely and effectively interact with people with intellectual and developmental disabilities. From Ethan Saylor to Neli Latson and now Charles Kinsey, we continue to see how lack of training on supporting individuals with disabilities can pose a threat to the safety of our extended community. The fact of the matter is this incident was preventable. Collaboration between law enforcement and the disability community is the key to preventing future cases like this. We welcome the opportunity to work with law enforcement to help improve our criminal justice system and prevent future tragedy and injustice,” said Peter Berns, CEO of The Arc.

“While staff are sometimes injured performing their job duties, we do not see them injured by law enforcement who so often answer our calls for assistance in our work. While we do not yet know all of the facts, it appears that Mr. Kinsey, like so many staff working with persons with disabilities would do, tried to protect the person he was charged with caring for. We hope for a full and speedy recovery for Mr. Kinsey,” said Deborah Linton, CEO, The Arc of Florida

The Arc’s National Center for Criminal Justice and Disability® was established in 2013 to address situations like this, and the critical need for effective, evidence-based training for law enforcement and others in the criminal justice system. Funded by the Bureau of Justice Assistance, The Center created Pathways to Justice,™ a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. This innovative training emphasizes a shift in thinking away from “crisis intervention” alone, to “crisis prevention” which promotes a problem-solving attitude among officers and helps them to define what is truly a crisis, and what is not. Piloted in five states to date, the training is being rolled out in six additional states in 2017.