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.

Commission for PwD Discriminates against those with IDD

https://seattle.legistar.com/View.ashx?M=F&ID=5215197&GUID=132D578C-0E3D-4B68-A1B2-FDCB1FFA841F

Seattle Commission for People with Disabilities – Accountability to the Community

Last week, Mayor Jenny Durkan signed into law that Seattle will no longer issues special certificates to allow specific employers to hire specific employees to do a specific job for a wage that may be less than minimum wage.  These certificates typically were used by employers as an accommodation to allow them to hire people with significant disabilities that interfere with their ability to be as productive as a non-disabled peer.

For the people who worked under these certificates the job is much more than a wage to them.  The people involved typically work 2-25 hours a week, also received SSI cash benefits (which are then reduced somewhat with the earned wages  – see formula for this reduction below) and other supports in the community and home to assist them in activities of daily living and community integration.

This legislation was based on lies propagated by the Seattle Commission for People with Disabilities.  The information they used to push this harmful agenda was also a series of half-truths with censorship of concerns leading this group to say there was unanimous agreement among disabled people .

It is true that this request for information sent out from the Office of Labor Standards generated the most response they have received on any request.  But the information shared by the Commission took this a bit further into an outright lie.

The proposal to kill the exemption has generated “the largest amount of discussion the Disability Commission has ever received on a topic,” according to the letter. Subminimum wage is overwhelmingly opposed by workers with disabilities.” Commissioner Shaun Bickley says, he’s unaware of public opposition to the rule change

(From Seattle Weekly, August 18, 2017)

While the co-chair tends to lies,  Karina Bull, Policy Manager for Seattle Office of Labor Standards, reports a different account in this Housing, Health, Energy and Worker’s Rights Committee meeting dated March 29, 2018, She states “we had our  most robust rule making processes.  We received more comments for this change than we have for any other – we had almost 70 people respond with a slight preference for prohibiting the practice of sub-minimum wage for people with a disability. 

“Thank you for writing Councilmember Herbold regarding the subminimum wage issue. The Seattle Commission for People with DisAbilities (PwD) conducted a four-month review of Seattle’s policy and practice as well as held a public comment session to hear from the community and organizations. Additionally, they reached out to all the businesses that currently utilize the subminimum wage. The PwD Commission received no comment opposing the elimination of the subminimum wage certificates. Some people contacted Councilmember Herbold’s office concerned that people need the subminimum wage to get jobs.  Yet, no people with disabilities contacted Councilmember Herbold’s office to say so.  Since the PwD Commission, through their individual lived experiences, can speak to these issues best, Councilmember Herbold asked that I share with you excerpts from the PwD Commission letter that outlines several specific points as evidence against these concerns specifically and opposing the subminimum wage as a policy.  ”  (from correspondence with Alex Clardy,  Legislative Assistant to Councilmember Lisa Herbold)

Of note, the PwD Commission just copied/pasted part of a report from the APSE Advancing Employment Connecting People  (The Association of People Supporting Employment First) without understanding the background and other recommendations in the bullet points shared.

The Commission for PwD also lied about the numbers of people involved and their wages.   The total lack of understanding of what these jobs mean to the people actually involved is an outright act of discrimination.

The Commission  refuses to provide answers to critical questions with this legislation and the supposed research that was done.  Given that there was a transition plan for the enactment of the minimum wage law in Seattle and all the research that I have read on this issue (including the 3 reports the Commission used as their research) reports there needs to be a well planned and funded transition plan in place prior to elimination of special certificates.  Where is the transition plan and phase in of this legislation?  It appears that was not considered and there were immediate changes made which were harmful to those involved.

Unfortunately, again in an act of discrimination, there has been an elimination of these special certificates with no transition plan (at least that I have been aware even given my multiple requests for information on this issue).  The Commission’s responses to me on this issue accuse me of lying and spreading false information and publishing personal attacks and libel.

The interactions I have had with the Commission have been most frustrating.  Below are some of the first comments and interactions I had with the Commission my attempts to learn about the legislation.  I had been blocked from the Commission for PwD Facebook page so shared this to my personal page to which a Commissioner made these comments.

Cheryl Felak shared a post.

It needs to be noted that not ONE person on this commission has an intellectual and developmental disability and they do not understand the issues involved with the need for these certificates or that we all need to have choice and these certificates provide some choice for those who would be unable to work if they did not exist.

Another article about the Commission’s work in ending subminimum wage in Seattle.

About this article

 

Some workers now make 36 cents an hour, according to the Seattle Commission for People with Disabilities.
SEATTLEWEEKLY.COM
Maura Wachsberger
Maura Wachsberger Out of the 120 people who lost their jobs at my agency, 3 have jobs. All are part time and 2 out of the 3 are 1 hour a month. People are so angry and upset that there is no option for them to work. Makes me furious! It’s so obvious that it’s ridiculous!!!!! Keep options open!!!
Cheryl Felak

Cheryl Felak I plan on going to their next meeting – probably will get shouted down because I’m a guardian and according to this group do not speak for my son.

Seattle Commission for People with disAbilities
Seattle Commission for People with disAbilities Commission meetings are open to the public. Members of the public get 2 minutes for comment. You are welcome to attend, but I would appreciate you not spreading misinformation about the Commission as there are multiple members with intellectual and developmental disabilities even if you don’t like what we have to say.
Maura Wachsberger
Maura Wachsberger Sounds like you don’t like what Cheryl has to say.
Bonnie Sullivan
Bonnie Sullivan That’s a two-way street. Since she knows her son best she should be respected for that knowledge.
Carol Jackson Fenske
Carol Jackson Fenske …so why was she blocked from your comments section for talking about her son?
Cheryl Felak
Cheryl Felak since I am not able to make comments on the Seattle Commission for People with disAbilities Facebook page or reply to the comment you made on my page, I would like to know who you are who is responding to me. I’m not spreading misinformation, I have taken information from your own website – if it is wrong, please correct it.
Shaun Bickley

Shaun Bickley I’m not sure why you can’t respond when you can share from the page but okay. You’ve already been told that multiple members have an I/DD. I told you I did (I don’t see myself in that wall of text). Not everyone on the Commission is verbal. Multiple people with ID/IDD submitted testimony on this issue. Just because you don’t like what we have to say doesn’t mean it’s okay to pretend we’re not I/DD.

Post what you like, I would just appreciate you not spreading misinformation especially when disabled advocates have told you otherwise.

Cheryl Felak

Cheryl Felak Shaun Bickley Thank you for your response. I’m sorry but the testimonies are not on the website and the meeting minutes state that business and families declined testimony. There is quite a bit of misinformation that is being shared by this committee and when people who have questions about some of these issues are blocked from comments it perpetuates the spread of the false information.

Also, the tone of your writing is very disrespectful and undiplomatic. Accusing a guardian of not understanding the issues involved of living with a disability and denying the guardian the ability to perform their court appointed and legal responsibility is discrimination against those who have chosen to have a guardian.

Shaun Bickley

Shaun Bickley Declined public testimony. We still talked to them. OLS has talked to them. No one is objecting except people like you who aren’t impacted by it.

If I need a plumber, I’m going to talk to someone who understands the issue, not someone who lives with aplumber. If I want to hear about women’s health experiences I’m not going call and center husbands, fathers, brothers, and sons. Living around DD person is not interchangeable with BEING a DD person and I’m sorry if this is the first time anyone’s told you that.

And if I can level with you, suggesting you’re going to go to a meeting to shout down disabled people is pretty scary. Just because you can observe or make comment doesn’t mean you have a right to shout at people, to disrupt the meeting or to intimidate people.

Shaun Bickley

Shaun Bickley I’m not particularly interested in debating whether you subsume your child’s personhood here or anywhere else. If you want to see the letter the Commission wrote to the City Council dated June 21 it should be on the FB page. You’re free to submit comment on this or something else. I just ask that you not spread misinformation about people and that you not come to the meeting with the intention of shouting people down. Several of us have been in institutional/segregated settings or experienced violence at the hands of caregivers, so that kind of tone is an unwelcome abuse of power.

Cheryl Felak

Cheryl Felak Shaun Bickley Again, you have totally misinterpreted what I said – I never said that I would shout but that I would be shouted down – big difference.

Cheryl Felak
Cheryl Felak Shaun Bickley interesting that you assume that I am not impacted by this recommendation. You have made many assumptions and I would suggest that you listen and have a conversation with others who may have a different perspective than your view. There are ways to work together.
Shaun Bickley

Shaun Bickley You are not impacted. Every worker and family member who will be impacted by this change has been talked to already. I know their names, you are not one of them. At best this is a hypothetical option you wanted for someone else, but that’s not the same as being paid subminimum wage or even supporting a family member who is.

I appreciate the clarification re: shouting. Nobody needs to shout, there hasn’t been any shouting yet.

Cheryl Felak

Cheryl Felak Shaun Bickley I’m sorry that you have many misunderstandings regarding this issue and who it will impact – now or in the future. I am very interesting in reading the studies and testimonies of those who have submitted them. Are they referenced on the website too.

Cheryl Felak

Cheryl Felak Shaun Bickley the issue is much more complex than the minimum wage aspect and the impacts of such an elimination of choice will be far reaching. I would urge a more thorough investigation and study of the topic.

Have you or other commissioners looked at an overall increase in costs that may result from an increased need for more intense employment supports or other opportunities to help those with IDD interact and be involved in their communities?

Shaun Bickley

Shaun Bickley Cheryl Felak I will email you information if you’d like to provide it. However:

1) You still have a post up claiming that no one on the Commission has an I/DD when you’ve been told otherwise. That is lying.
2) It’s incredibly creepy that you’ve put up a public post listing out everyone on the Commission and whether or not you think they’re actually disabled. This is bordering on stalking behavior.

It’s kind of ironic because by virtue of BEING on a Commission you’ve automatically assumed that everyone there is Not Like Your Child, but actually listing out and evaluating non-elected, unpaid disabled volunteers is super sleazy.

Cheryl Felak

Cheryl Felak Which of the people on the commission have an intellectual and developmental disability? I see other disabilities but none that are intellectual and developmental. It’s interesting that the website gives these bios of the people – I was curious who made up the commission and so I read what was on the website. If it is incorrect than take it up with whoever from the commission posted the incorrect information.

I do not recall my ever giving an opinion if I thought the people on the commission had a disability or not – that is something that you have imagined. I did say that not ONE has an intellectual and developmental disability and I believe that is the case.

Shaun Bickley
Shaun Bickley It’s none of your business. I told you I’m not going to give you people’s diagnosis information. I am. Multiple others are. It’s fair to ask if anyone has an I/DD but it’s not appropriate to expect detailed personal information.
Cheryl Felak
Cheryl Felak So no one has IDD – I’m sorry but having a diagnosis of autism is not the same as intellectual/developmental disability. I would think that you would be aware of that. Maybe you are not aware of what an intellectual/developmental disability is if you believe that the people listed on the website have this combined disability.
 
Shaun Bickley

Shaun Bickley Autism is a developmental disability. Maybe a trip down wikipedia would be helpful to your level of information.

Yes, several people have both intellectual and developmental disabilities. The fact that you don’t like what we have to say doesn’t change that. Your behavior is disgusting, if you do feel the need to come please limit your interaction with me to something professional instead of screeching about what you think people’s disabilities are and are not.

Cheryl Felak
Cheryl Felak I am fully aware that autism is a developmental disability – as is cerebral palsy and other disabilities. But I have a hard time believing that people with advanced college degrees have an intellectual disability.
Carol Jackson Fenske

Carol Jackson Fenske Shaun Bickley But why, why are you quoted in the Seattle Weekly as having had NO negative response to your initiative? Looks/sounds like misrepresentation to me. Perhaps you don’t really know what it’s like to spend 20-30 years of your life totally focused on a loved one with severe disabilities, advocating every single day for what seems to make them happy? Maybe that loved one is able to communicate, but not to strangers, and not in a way that would be understandable to a stranger. Cut us a little slack here, really.

Maura Wachsberger I have never seen such unprofessional responses from someone who represents a government agency. At least in NY they pretend to listen to us before they ignore us. It’s not people first, it’s money first and closing this option for people who truly need it will save money. Terrible!

 

https://seattle.legistar.com/View.ashx?M=F&ID=5215197&GUID=132D578C-0E3D-4B68-A1B2-FDCB1FFA841F

Seattle Commission for People with Disabilities – Accountability to the Community

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!