A New Low for Disability Rights Washington

I have recently been informed of a situation in which a lawyer from Disability Rights Washington – Susan Kas – removed a 19 year old young woman from her family home and took her to an undisclosed ‘shelter” in another city.  Disability Rights Washington  (DRW) is the federally funded Protection and Advocacy Agency for our state.

Last month, Amber O’Neil, age 19, went missing from Seattle and was thought to be with a 52 year old man she met at Seattle Central College.  Here is a link to the news media coverage of her missing and then of her being found in Oregon.  David Posey was the man she was with and he was taken into custody in Oregon by US Marshall Service on June 20, 2018 for parole violations and remains in prison.  He had previously been charged and found guilty of grand larceny, larceny of banknotes/checks (counterfeit money) and “simple assault of family members”.  He also had counterfeit money on his person when he was taken into custody on June 30, 2018.  Amber returned home to Seattle but continued to correspond with David Posey, claiming to be in love and wanting to marry him.  Amber’s father is against this relationship and this difference of opinion has caused some turmoil in the family.

David Posey had instructed Amber to contact DRW regarding her civil rights.  Amber did as she was instructed and DRW staff lawyer, Susan Kas, has personally been involved in helping Amber with her civil rights.

Susan Kas, staff lawyer with DRW

Susan Kas personally went to Amber’s home, served some papers to Amber’s father and together with some other staff removed Amber from her home and took her to an undisclosed “shelter”.  Amber appeared in court with about 5 DRW lawyers/staff on July 9, 2018 regarding issues of guardianship.  Adult Protective Services was also involved.

Disability Rights Washington cannot provide direct assistance in the following situations:

  • Criminal law
  • Family law
  • Assistance becoming the guardian of an individual with a disability
  • Out-of-state issues
  • Workers compensation
  • General medical malpractice & personal injury
  • General consumer bankruptcy issues
  • Any issue or problem not directly related to your disability
  • Assistance finding employment, housing or financial assistance
  • Assistance filling out forms & Social Security applications
  • Anything that is not the wish of the person with the disability

From the video Disability Rights Washington – Rooted in Rights

“when we choose how we advocate, we don’t advocate for what a person may say is best for a person with a disability, we really try to focus on the expressed interest which is different than what some people might call the best interest of someone.  That’s what we think everybody, regardless if you have a disability ought to be able to make important personal decisions for themselves.” (Susan Kas, Staff Attorney, Disability Rights Washington)

Issues of Guardianship – The court needs to be involved  there are legitimate concerns in this issue regarding the relationship of a vulnerable adult with man almost 3 times her age who has a history of being convicted of grand larceny, counterfeiting and abuse.  He was on parole but is currently incarcerated after taking Amber out of state – she was missing for about 30 days – when they were located in Portland on June 30, 2018.  Common sense tells us that this relationship would be cause of concern FOR ANYONE! Having a concern about this relationship is not abuse – it is true concern for the safety, well-being and protection from exploitation of a young woman who just recently graduated from High School.

DRW sees this as a violation of Amber’s civil rights.  Are they now providing her with the counseling that her father was?  Are they providing Amber with honest choices and truth about the situation?  Or, are they using her as a PAWN to in this horrendous situation of civil rights vs. common sense and caring?  This is not a game, this is the life of a young woman who was in school and had an internship for this summer that she has now lost.  She had goals of an education and a better life.  What does she have now? What will she have in the future?

Disability Rights Washington is governed by a Board of Directors, with help from our Advisory Councils. These groups are made up of people with disabilities, family members, and others who have an interest in disability rights.

This video describes the Protection and Advocacy System

A substantial portion of the Disability Rights Washington budget is federally funded.

Just my opinion

Caution – this is just my opinion – you may or may not agree, may be offended or not – but I own it.  You are allowed to comment, I won’t censor if you do not agree with me or if you hurt my feelings – I may tell you but I won’t censor your opinion.

When a person writes an “OPINION” essay and it is published  in a public online magazine it becomes open for discussion.  Some people who write “opinion” pieces become upset or hurt at comments that may be generated from readers who express their own opinion or have questions for the author of the original “OPINION” piece.

Isn’t  one objective of an “OPINION” essay to gather comments and hear what others may have to say?  It may be an opportunity to learn from others who may have a different opinion or to learn a different perspective from those who share the same opinion.

This issue is one that I have faced over and over again with regards to advocating for people with intellectual and developmental disabilities. Apparently there is a “right” opinion and if your opinion is different than that “right” opinion your comments may be deleted and you may be banned from further discussion.

This censorship only causes harm to those who the so-called advocates are supposedly advocating for.  Without an open discussion regarding various viewpoints people will be isolated and unable to work through problems that may exist.  Ignoring barriers to quality care and efforts to help support people in having a meaningful life only only makes the situation worse.  Unless you live in a fantasy world.

 

 

Mental Age?

Motive asymmetry – the belief that one groups motives are driven by love, care and affiliation and the rivals are motivated by the exact opposite.  This term is generally referred to with regards to political conflict but I see fully activated in the issue of advocacy for those with intellectual and developmental disabilities.

It feels to me that motive asymmetry is at play with regards to trained self-advocates and parents/guardians/healthcare professionals/case managers/disability advocates when any topic related to care, support, employment, inclusion, residential settings and community environment are discussed.

As a parent/guardian/disability advocate, this concept is very clear to me since I have been told by many trained self-advocates that guardians are only self-serving. This is truly not my perspective at all but it is attributed to me since I am a guardian. One effective tool used to help bridge this conflict is to meet in person. Once you know the person, views and ideas may change. It is only by meeting people and working together as people, rather adhering to  inflexible ideologies, that we can break down these silos and make progress.

Mental age theory

Ivanova Smith has written an article in NOS Magazine regarding the issue of using “mental age” as a description for people who happen to live with an intellectual and developmental disability.  She states “We need to educate medical professionals that there are better and more respectful way to explain the needs of people with Intellectual/developmental disabilities. Difficulty doing specific tasks isn’t the same thing as being an actual child.”

I have never seen this description used to state that an adult with IDD is a child – they are adults who have a variety of support needs in many areas of life skills.  Using labels and descriptive terms for various ranks, steps or skill levels are used in all types of employment, school, sports and athletics,  and hobbies.  One must pass through step 1 to get to step 2.  This is a natural progression.  One need not necessarily master the step but at least have a passing effort before one is able to proceed or progress.  There could be many reasons for a rapid or slow progression through these levels.
People do not excel in all areas of life and do not need to be an expert in everything they attempt to have enjoyment and meaning from it. Also, people may “stall out” at one step and many years later may revisit and then gain more skills. This is not set in stone as it is a fluid process and there is always learning and progress occurring as people experience life. This progression is also true with developmental, emotional and maturity stages. It is not “good” or “bad” but just is.

I often hear that people do not like labels – but labels help us to learn and navigate life in so many ways. Think for instance of working in trades – there are labels applied to levels of skill development – apprentice, journeyman, master. One is not a better person than another by having a different label but has a different skill set. These labels help us, who may not be familiar with the work to be done, who we might want to seek out for consultation. Labels are not inherently bad but can be extremely useful in many situations.
I am asking for your input into how you, as a trained self-advocate, differentiate between people who may need an extreme amount of support to manage the daily activities of living versus someone who may only need some occasional guidance with specific areas? How do you, as a trained self-advocate, differentiate between someone who is unable to utilize public transportation and needs to be driven everywhere in a private vehicle versus someone who can navigate the city independently on public buses?
Or maybe you do not see the need to differentiate – if not, why not?

Please contact me Ivanova – I would love to meet with you in person.

Thank you – Cheryl Felak

 

Have you ever heard the phrase “that person has the mind of a five year old In an adult body?” It is something many adults with intellectual disabilities, like me, have to deal with. For years, medical professionals have told parents of newly diagnosed Intellectually disabled people that they would mentally be children for their entire lives.…

via Mental Age Theory Hurts People with Intellectual Disabilities — NOS Magazine

#inclusivity  #diversityisstrength  #YouAreTheChange  #beyondinclusion  #disabilityrights  #intellectualdisability   #disabilitysupport  #mentalage  #agetheory

 

White House Petition regarding Olmstead

We must work together across this great country to protect our most vulnerable citizens.  This petition, started by the Murray Parents Association in Illinois, is part of the plan to stop the injustice that is spreading.  Please sign and circulate.

Link to We the People – Your Voice in our Government – Petition to The White House

 

www.MurrayParentsAssociation.com  ( From Laurie Stengler)

I have submitted a petition to the White House to request enforcement of Olmstead to include the right of the disabled to choose institutional over community based living. We have until 12/20/2012 to accumulate 25,000 signatures. After reaching this threshold the White House agrees to review the information and send a response to all signing the petition. I am really hoping we can a strong show of support for this and any help you can provide is much appreciated.

Please consider signing the petition and forwarding this information to others. We need to let the Obama administration know that enforcement of this decision has gone too far compelling states to close vital centers and putting the most severely disabled at risk for abuse and neglect.

 

Thank you – please forward to people so we can gather signatures!

Somebody from The Arc, please explain this to me!

I’m very curious as to why a Disability Advocacy Group would oppose this legislation.  Could someone from The Arc please explain the position as to why the agency opposes this?

 

From what I read, this legislation upholds the civil rights and choices of the individual – isn’t that what we want?

 

I’m extremely confused by the opposition to H.R. 2032

 

 

(This notice is from The Arc – I do not endorse this nor do many who fight for the civil rights of our citizens with disabilities)

 

Civil Rights

Bill Name

Number of Sponsors

Position

H.R. 2032 – To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits by federally-funded entities involving such residents and in Department of Justice actions that could result in an agreement to move such a resident from that resident’s facility. 31 (15 R, 16 D) We OPPOSE this legislation

 

 

http://www.capwiz.com/thearc/issues/bills/