In Re Hicks/Brown

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State: Michigan

Filed: 2016

Court: Supreme Court of Michigan

Overview: The brief supported a mother with intellectual disability arguing that the state failed in its statutory duty to make reasonable efforts to reunify the family unit because the case service plan never included reasonable accommodations to provide her with a meaningful opportunity to benefit, as required by the ADA.

Excerpt: “The Court of Appeals in this case reached the correct conclusion: when a state agency fails to provide reasonable accommodations to a parent with disabilities in a case service plan, the agency fails in its statutory duty to make reasonable efforts to reunify the family. When this happens, the state simply cannot satisfy the high burden (i.e., clear and convincing evidence) required to take the drastic measure of terminating parental rights. Failing to provide a parent with disabilities with an appropriate case service plan necessarily leaves a ‘hole’ in the evidence that prohibits a court from finding that the requisite grounds for termination have been satisfied. How can a trier of fact find evidence so clear and weighty to come to a clear conviction, without hesitancy, that a person with disabilities cannot remedy the grounds leading to adjudication or otherwise provide proper care for his or her child when the parent was never given the appropriate reasonable accommodations? The answer is, as the Court of Appeals held, that they cannot. The American with Disabilities Act (“ADA”), the Rehabilitation Act of 1973 and the Michigan Probate Code, as well as common sense, dictate such a ruling.”

Case Documents

Amicus Brief: In Re Hicks/Brown

Supreme Court of Michigan Opinion

In the Matter of Michael A.

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State: New York

Filed: 2017

Court: New York Supreme Court

Overview: The brief supported a mother with intellectual disability arguing that the state’s child welfare agency had failed to make reasonable efforts to reunify her with her son in violation of Title II of the ADA.

Excerpt: “While much research exists demonstrating the ability of individuals with intellectual disability to parent with needed supports, parents with intellectual disability…remain an especially vulnerable population given pervasive and harmful stereotypes of people with disabilities. Their abilities are frequently underestimated, and they remain subject to the outdated notion that, by reason of their disabilities alone, they are simply incapable of parenting. Without proper enforcement of the ADA, these vulnerable parents have no recourse or remedy should [the child welfare agency] deny them equal access to the services, programs, or activities that they and their families require to reunite or to remain together.”

Case Documents

Amicus Brief: In the Matter of Michael A.

IDD and Mental Health: What We Are Learning About Challenges and Needs

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People with IDD and mental health needs and their families often struggle to get the help they need. Our first project wanted to learn what could be done to help young adults with IDD and mental health needs to get better mental health care. This project brought together young adults with IDD and their families, service providers, and researchers to develop priorities for practice and research. This project was funded by the Patient Centered Outcome Research Institute (PCORI). The second project hosted focus groups to learn more about the challenges that people with IDD and mental health needs and their families have and what we can be doing to better help families. This project was funded by the Family Support Research and Training Center (FSRTC). Presenters from The Arc, Boston University, and The Intellectual Developmental Disability Mental Health (IDD-MH) Research Partnership discuss their projects, results, and next steps.

Grief and Loss in the Lives of People With IDD

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Death is something that we all have to face at some point in our lives. We have systems in place to help us understand and get over a loss. However, some adults feel they must protect others from grief and loss including children, elderly people, and people with disabilities. Some have gone as far to protect people with IDD from experiencing grieving. Knowing more about the feelings and thoughts that come after the death of someone close to us can help us and the people we support. The presenters will remove any misunderstandings by sharing best practices and methods to support people with IDD deal with grief and loss.

Eliminating Barriers and Supporting People with I/DD to Vote

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For millions of people with disabilities in the United States, exercising the basic right to vote remains a challenge. Over the last few decades, the U.S. government has passed several policies to make voting easier for individuals with disabilities. However, people may still struggle to vote because of barriers they face from the government, caregivers, and family members. This webinar reviews barriers people may face when voting and explores solutions to break down these barriers for people with I/DD so that everyone can exercise their right to vote.

The Importance of Talking About Sex: The Elephant in the Room

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Sexuality is a natural part life for all people. However, people with developmental disabilities, family members, and professionals often feel unprepared to discuss this subject with each other. Presenters discuss common misperceptions and myths people have about people with I/DD and sexuality; what a healthy, relationship looks like and how you can help support people to have healthy relationships; and how to prevent abusive relationships or leave bad relationships. Our presenters also discuss ways you can start discussing this subject with people with disabilities in your life.

Planning for and Using Technology Across a Lifespan

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Using and accessing technology is important throughout our lives. We use technology to pay our bills, to keep in touch with friends and families, to receive healthcare and medical support, and even to help us get to and from work, school, and other activities in the community.

One important part of future planning is making sure that people with disabilities have the skills and ability to access technology and the support they need to find new technologies to use throughout their lives. This webinar reviews the steps that people and their families should take to evaluate any needs that a person has that can be assisted by technology and provides tips and resources that families can use to find relevant technology.

We also describe ways that people with I/DD and their families can work to make sure that people are building their technology skills throughout their lifetime.

Aging and IDD: Planning for Growing Older

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As we grow older, we should continue to grow and develop our skills and interests, and we can continue to live well, happily, and healthfully. But, getting older also creates challenges that we should plan for. These challenges may include staying active and engaged, paying our expenses when we stop working, and addressing changes in body and mind. In addition, people should plan for how decisions will be made in this part of life and make sure that they have the skills and support they need to age successfully.

Dr. Kathie Bishop addresses planning and skill-building to support people with complex medical needs and adults with IDD who experience cognitive or functioning loss, possibly related to dementia. Dr. Bishop also describes how people with IDD and their families can work together to advocate to and with health care professionals to make sure that they receive needed medical care and that their wishes are carried out.

Getting There: Including Transportation in a Future Plan

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Access to reliable, affordable and safe transportation promotes independent, community living for people with intellectual and developmental disabilities (IDD). People with IDD can receive training on how to use public transportation to get to and from work, to visit friends and family, and participate in community activities. This webinar provides information about considering how a person with IDD will access public transportation and what training will be needed to learn to use it as part of planning for the future.

Planning for a Future in the Workforce: Jobs, Skills, and Supports

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The panel discusses topics including job coaching and support, developing skills and fostering job growth, requesting job accommodations, as well as how to deal with new supervisors and co-workers and changes in the job itself.