The Disability Rights Center Newsroom

See this press release <http://www.bazelon.org/News-Publications/Press-Releases/2-9-12-Lynn-E.-v.-Lynch-Press-Release.aspx> :

Advocates from the Judge David L. Bazelon Center for Mental Health Law, Disabilities Rights Center (the NH P&A), the Center for Public Representation and Devine, Millimet & Branch, PA, filed a class-action complaint today on behalf of New Hampshire residents with serious mental illnesses who are or are at risk of being institutionalized in state-run facilities due to the state’s failure to provide community-based mental health services.

Over the last twenty years, New Hampshire has favored funding costly institutions over providing the community-based services and supports people with mental disabilities need to enjoy a full life in the community like anyone else.

“The vast majority of people with serious mental illnesses or intellectual disabilities can lead fulfilling lives in their communities, provided they have the community services and supports they need to succeed,” said Ira Burnim, legal director of the Bazelon Center for Mental Health Law. “Living independently, maintaining meaningful relationships and having gainful employment should be the goal for people with mental disabilities.”

State officials have failed to provide treatment in the most integrated setting possible, say advocates, and are in violation of the Americans with Disabilities Act (ADA,) Section 504 of the Rehabilitation Act of 1973 and the Preadmission Screening and Resident Review (PASRR) provisions of the Nursing Home Reform Act. The complaint calls for New Hampshire to expand services with proven success rates, including mobile crisis services, assertive community treatment, supportive housing and supported employment.

Advocates filed a complaint after New Hampshire failed to respond to an April 2011 finding from the United States Department of Justice that New Hampshire’s state mental health system is in violation of the ADA. In November 2010, advocates sent a letter to two of the complaint's defendants, Commissioner Nicholas Toumpas of the New Hampshire Department of Health and Human Services and Administrator Erik Rivera of the New Hampshire Bureau of Behavioral Health, describing the state’s violations and seeking negotiations. The complaint was filed when negotiations reached an impasse.

 In order to inform the state and area plans, we are conducting a needs assessment of older adults in Maine, which includes a 1000 person phone survey conducted late last month.  One broadly identified area of need is caregiver support and services.  To better understand the needs of caregivers in Maine, and whether they’re being met, we’ve launched an online caregiver survey.  We need your help in getting it out to people who may be providing care for older adults, including spouses, relatives or friends.  And, we encourage you to complete the survey yourself if you are currently providing care for an older adult. 

Here’s the link to the survey:  https://www.surveymonkey.com/s/MaineCaregiverSurvey

If you need assistance in completing the survey, please contact: 
Jessica L. Maurer, Esq., Executive Director, Maine Association of Area Agencies on Aging, Cell:  207-592-9972, jmaurer@maine4a.org

Are you looking for Home Support and/or Community Support or Community Case Management? The resources below were developed to help you.

 The Provider Interview was designed by the Disability Rights Center Advocate and members of SUFU. It is designed for people with developmental disabilities and their families to use when they are looking for a service provider. The sample interview includes questions to use when looking for Home Support and Community Supports. People are encouraged to print it, add their own questions and use it to interview providers when shopping for services.

 pdf & WORD version of interview

 The Community Case Management interview was designed by Brenda Wood at DHHS and can be used by individuals shopping for Community Case Management services.

 Pdf & WORD version of interview

Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.

In the years since the Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581 (1999), the goal of the integration mandate in title II of the Americans with Disabilities Act – to provide individuals with disabilities opportunities to live their lives like individuals without disabilities – has yet to be fully realized.  Some state and local governments have begun providing more integrated community alternatives to individuals in or at risk of segregation in institutions or other segregated settings.  Yet many people who could and want to live, work, and receive services in integrated settings are still waiting for the promise of Olmstead to be fulfilled.   In 2009, on the tenth anniversary of the Supreme Court’s decision in Olmstead, President Obama launched “The Year of Community Living” and directed federal agencies to vigorously enforce the civil rights of Americans with disabilities.  Since then, the Department of Justice has made enforcement of Olmstead a top priority.  As we commemorate the 12th anniversary of the Olmstead decision, the Department of Justice reaffirms its commitment to vindicate the right of individuals with disabilities to live integrated lives under the ADA and Olmstead.  To assist individuals in understanding their rights under title II of the ADA and its integration mandate, and to assist state and local governments in complying with the ADA, the Department of Justice has created this technical assistance guide.

A:  By statute, Congress has created an independent protection and advocacy system (P&As) to protect the rights of and advocate for individuals with disabilities.20 <http://www.ada.gov/olmstead/q&a_olmstead.htm#_ftn20>   Congress gave P&As certain powers, including the authority to investigate incidents of abuse, neglect and other rights violations; access to individuals, records, and facilities; and the authority to pursue legal, administrative or other remedies on behalf of individuals with disabilities.21 <http://www.ada.gov/olmstead/q&a_olmstead.htm#_ftn21>   P&As have played a central role in ensuring that the rights of individuals with disabilities are protected, including individuals’ rights under title II’s integration mandate.  The Department of Justice has supported the standing of P&As to litigate Olmstead cases.