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Advocates for the disabled file lawsuit against California

September 28, 2011

Advocates for Californians with developmental disabilities filed a lawsuit against the State of California Wednesday alleging the State is violating federal law by failing to adequately fund services needed by individuals with developmental disabilities.

The suit claims the State has abandoned people with developmental disabilities and exposed them to health and safety risks by failing to provide reasonable support services.  And that a decade of rate freezes, program closures and devastating budget cuts have destroyed many community-based services, leaving 245,000 Californians with developmental disabilities at serious risk.

“As California taxpayers, we fully appreciate the State’s need to reduce costs, but we cannot allow the State to endanger its citizens and risk their basic civil rights,” said Tony Anderson, Executive Director, The Arc California.

“It’s illegal to slash basic support services that allow Californians with developmental disabilities to live safely in their communities,” Anderson continued. “These basic civil rights cannot be compromised or bargained away as part of a budget deal. The State of California must follow the law and honor its commitment to serve and protect the rights of Californians with developmental disabilities.”

The suit, filed in federal court, says California’s failure to fund programs has devastated community service providers, whose reimbursement rates have been frozen since 2003.  Many community providers have been forced to limit services or close completely.

A decade ago, a report prepared by the Department of Developmental Services warned the State that its lack of reasonable funding would adversely affect tens of thousands of disabled individuals and place them at risk of harm.

“Despite repeated warnings from top state experts and the State Auditor General, California continued to withhold necessary funding and push these programs to the brink of collapse,” said Dave Carucci, Executive Director UCP San Diego.

“It’s not right, fair or legal and must be stopped, Carucci added. “The State’s neglect has left Californians with developmental disabilities at great risk, their health and safety is in jeopardy. All we are asking is that California comply with both state and federal law to ensure the basic needs of these individuals with intellectual and developmental disabilities are met.”

The federal lawsuit accuses the State of violating federal law, specifically the Federal Home and Community Based Service Providers (HCBS) waiver program, by reducing rates and reimbursements without federal approval, and without considering impacts on federally required safeguards.

The suit also accuses the State of violating California’s landmark Lanterman Act, which was signed by former Gov. Ronald Reagan in 1969.  That groundbreaking statute guarantees individuals with intellectual and developmental disabilities the right to obtain the support services necessary to live as independently as possible in their own communities. Prior to the Lanterman Act, people with developmental disabilities were confined to state-run institutions, where they were warehoused in overcrowded facilities far from their families.

However, after more than a decade of funding neglect, including another $174 Million funding cut this summer, support programs that allow Californians with developmental disabilities to live in their communities are shutting down. The suit says that if Californians with developmental disabilities do not receive the community-based support they need and deserve, thousands may end up being shipped to state-run institutions where the cost to taxpayers soars. Community-based services cost a fraction of the $340,000 expense per person in State institutions.

This lawsuit asks the Court to enforce laws which require the State to provide the necessary funding to ensure adequate care. filed a lawsuit against the State of California Wednesday alleging the State is violating federal law by failing to adequately fund services needed by individuals with developmental disabilities.

The suit claims the State has abandoned people with developmental disabilities and exposed them to health and safety risks by failing to provide reasonable support services.  And that a decade of rate freezes, program closures and devastating budget cuts have destroyed many community-based services, leaving 245,000 Californians with developmental disabilities at serious risk.

“As California taxpayers, we fully appreciate the State’s need to reduce costs, but we cannot allow the State to endanger its citizens and risk their basic civil rights,” said Tony Anderson, Executive Director, The Arc California.

“It’s illegal to slash basic support services that allow Californians with developmental disabilities to live safely in their communities,” Anderson continued. “These basic civil rights cannot be compromised or bargained away as part of a budget deal. The State of California must follow the law and honor its commitment to serve and protect the rights of Californians with developmental disabilities.”

The suit, filed in federal court, says California’s failure to fund programs has devastated community service providers, whose reimbursement rates have been frozen since 2003.  Many community providers have been forced to limit services or close completely.

A decade ago, a report prepared by the Department of Developmental Services warned the State that its lack of reasonable funding would adversely affect tens of thousands of disabled individuals and place them at risk of harm.

“Despite repeated warnings from top state experts and the State Auditor General, California continued to withhold necessary funding and push these programs to the brink of collapse,” said Dave Carucci, Executive Director UCP San Diego.

“It’s not right, fair or legal and must be stopped, Carucci added. “The State’s neglect has left Californians with developmental disabilities at great risk, their health and safety is in jeopardy. All we are asking is that California comply with both state and federal law to ensure the basic needs of these individuals with intellectual and developmental disabilities are met.”

The federal lawsuit accuses the State of violating federal law, specifically the Federal Home and Community Based Service Providers (HCBS) waiver program, by reducing rates and reimbursements without federal approval, and without considering impacts on federally required safeguards.

The suit also accuses the State of violating California’s landmark Lanterman Act, which was signed by former Gov. Ronald Reagan in 1969.  That groundbreaking statute guarantees individuals with intellectual and developmental disabilities the right to obtain the support services necessary to live as independently as possible in their own communities. Prior to the Lanterman Act, people with developmental disabilities were confined to state-run institutions, where they were warehoused in overcrowded facilities far from their families.

However, after more than a decade of funding neglect, including another $174 Million funding cut this summer, support programs that allow Californians with developmental disabilities to live in their communities are shutting down. The suit says that if Californians with developmental disabilities do not receive the community-based support they need and deserve, thousands may end up being shipped to state-run institutions where the cost to taxpayers soars. Community-based services cost a fraction of the $340,000 expense per person in State institutions.

This lawsuit asks the Court to enforce laws which require the State to provide the necessary funding to ensure adequate care.


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Remember attorney Jared Molski the disabilities attorney, who everyone loved to malign in the press a few years back? He and other attorneys who specialize in disabilities law have set the bar for the nation in identifying and litigating on behalf of the disabled.


I was shocked to read an article on a disabilities law web site that a survey had been done of California lawyers who specialized in disabilities law, and how often they had been accused of ethics violations and censured by the Bar. This occurred so often that I had to wonder whether or not it was really the attorney who violated the rules of conduct, or if there was a witch hunt on to intimidate them from doing their work. I wish I could remember the specifics of this study.


But I hope they are vindicated in their fight for equal access to public facilities in the State of California. People complain about hard times and the shortage of money, but if you have lived in other states that are much less wealthy than California, you would be surprised at how much more they contribute to the public’s welfare.


They put sidewalks in, and bike lanes in areas which need them, to protect the public safety. They put pedestrian bridges over busy streets for heavy pedestrian traffic, in places where there is a large student population.


How many of us have seen students risking their lives trying to cross Santa Rosa Street coming from the Mustang Apartments and trying to get to the supermarket on the other side of the street?


Ever try to foot it across Broad Street, out by the food co-op on Francis Street? I hope, with this lawsuit, that Molski, and other attorneys fighting for the disabled are vindicated with this lawsuit.


There is money to be had with 39 million Californians paying into the system, whether they are poor and paying exhorbitant rent; or landlords paying off their real estate with those rent checks; or the homeless paying a bottle tax on a plastic bottle of water.


The fattest California state budget I ever saw was one printed during Schwarzenegger’s term as Governor. This is not to say The Terminator threw state money around. This is to say that when he was in his first term in office, that annual budget was more detailed than I had ever seen in print.


There are departments which get money like it’s going out of style and yet they never seem to improve their services to the public. Then, there are other departments which should get three times more money to keep doing the job they are doing on a third of what they deserve.


Roads should be mainained, and the budget should incoporate a minimum standard for a safe pedestrian right-of-way. And the Dept. of Transportation should do this on the budget it gets right now.


The science and technology is there to make safe pedestrian overpasses over busy and dangerous roads in San Luis Obispo, like South Street.


You might be surprised, as I was, to see a sturdy cement pedestrian overpass dismantled in a day in order to allow passage of some extra large construction equipment on trailers being trucked into the University District in Seattle. The pedestrian overpass had been designed to easily disassemble! The next day, it was back in place again! Who would have thought you could create an entire cement overpass and put it together like Lego blocks!


California had built skyscrapers on foundations which are designed to move, in case of an earthquake. If the state can build an earthquake resistent skyscraper, it can design a functional overpass, that in both inexpensive and easy to build. We’ve got a year until the next general election, when we vote for our next President. There is a lot of study time available even to the busiest of you out there. Think of what subject is the most important to you, make the decision that you deserve to spend some time on the issue, then spread your knowledge so we can make the right choices.


I have decided to study “the water and sewer issues” I am reading about in the news and now the grand jury reports. That’s a Hell of a lot of work, but I’m going to talk to my neighbors and divide the labor.


As for Molski and access to public facilities for the disabled, I wish I could give him the 8X11 glossy of what San Luis Obispo County’s idea is of “adequate handicapped parking” out at “Camp” which is the building next to the Sheriff’s Dept. on Kansas Ave. where the superior court sends all its old case files.


This building is a state-owned public building; accessible for the public and the local superior court. It’s open during normal business hours; staffed by county employees. However, the handicapped space in their paved public parking lot consists of a space in the dirt beside the green dumpster where they throw their trash.


This is no joke. This says it all. It is a slap in the face to any disabled person and it sends a clear message: You are not worthy of equality. We want you to fail.


Since Christmas is coming, I must remember that the next time I decide to take a dump, I should leave it right in the middle of the door mat in front of the entrance to their office out there…..Maybe they’ll get the message….


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racket

I’m waiting for them to build a senior citizen prison camp for us old salt.


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This country would be a much better place to live if people who had absolutely no idea what they are speaking about would just keep their ignorant intolerant and inhumane opinions to themselves.

Since I have actually spent the last 25 years doing what I expect none of you would spend a minute on…I feel I must speak for those that you dismiss so easily as being a lower life-form than yourselves.


Too bad we cannot institutionalize people for being ignorant by choice!


First of all, the advocates are usually unpaid parents, family member and friends of people with disabilities (and yes, please let us keep in mind that we are talking about people!!!)

People with civil rights… (according to our U.S. Constitution) who cannot be institutionalized against their will just because they have a disability.

Wake up folks…this type of illegal and inhumane treatment was thrown out in the late sixties right along with the Jim Crow laws in the south. Shall we return to slavery too because we cannot afford to pay people for an honest days work? Sheesh.


Second of all, their families, parents and friends have dumped a whole pile of TAX money into the state coffers over the years and in home support is probably one of the only services their kids with REAL disabilities had been able to receive upon entering adulthood that the families did not have to fight tooth and nail for. Because at one time, Californians and Americans as a whole believed that the health and safety of those that need help with the activities of daily living, seemed like a worthwhile service for the state to provide. Think of all the money that will be saved on emergency room visits and burials!!!


If any of those advocating at the state level for in home support services are paid providers, I can assure you they are underpaid providers…but do the job because they feel that people with disabilities deserve the freedom to live their life as they choose – in this so called FREE country of ours!!!


Btw, how many of you out there would help a client with daily bathing and cooking and hygiene and diapering and medicine and shopping and housekeeping for just a buck or two over minimum wage?

Anyone? Anyone? Hmmmm….I thought not.


In home support services – (which saves the state of CA – MILLIONS and MILLIONS of dollars and provides jobs for care (key word “CARE”) providers are a drop in the bucket compared to the amount of money attempting to educate people like you bigots making stupid comments on here.


Won’t save anything by putting all those underpaid care providers out of a job…because they will collect unemployment! Doh!


FACT: Institutionalization of ONE typical individual can cost the state about a half million a year.

FACT: In home SUPPORT costs about a twentieth of that.


May I ask, for those of you that are quick to finger point and shuttle off the disabled to institutions…

Is that where you would want your sister or brother or son or daughter to go?

Or your parent if they develop dementia or Alzheimer’s (please let’s spell the disease correctly!!!)

…Is that where YOU want to live out your days if you have an accident or illness that permanently impairs your own ability to care for yourself? If so, please give us your real name and address so we can make sure to put you or yours in a place like that!!!!

Be very careful what you wish for…because there but for the grace of dumb luck – you could be.


You cannot imagine the hundreds of thousands of hours I have spent advocating for, caring for and educating family members… every day doing so much more than you naysayers could ever dream of doing in your whole life!

And I will continue to do this for the rest of my life – not just for my children but hundreds of others like them (with Down syndrome etc.) . I will let you know when I receive my first dollar for providing ANY of those advocacy services!!!


Let’s try to keep this country running in a way that makes us proud, shall we?


Sign me,

A MOM, A taxpayer and a freelance unpaid advocate.


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Your post is an excellent post to “the true” hardship of the helpless and the severe drain of those who care.

I think some posts reflect a negative reluctance or distrust because of the history and wide web of abuse and fraud (in the billions $) buking the system.

Another negative reluctance, is the lean times and inflation we are all in.

There is nothing like greedy predatorial leeches and vultures to ruin the great virtues of our society.


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Willie: I don’t usually respond to your posts, but this is one that needs to be examined a little more. In California, we used to have many facilities that provided care for individuals who suffered from various mental illnesses, then we elected an ex-actor to be our governor who went on a tear to strip away at as many government services as possible, and in doing so, closed most of those institutions. That governor went on to run for and get elected to the office of the President of the United States, running on a mantra of “government is the problem” and proceeded to dismantle, defund and take apart as many regulatory agencies as he could. In my humble opinion, ALL of our economic woes can be directly traced back to the actions of the administration of Ronald Reagan, the president who had the most members of his administration arrested and convicted for actions they took while serving the President.


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“how many of you out there would help a client with daily bathing and cooking and hygiene and diapering and medicine and shopping and housekeeping for just a buck or two over minimum wage?

Anyone? Anyone? ”


There are many of us who share compassion for others and actually DO the above mentioned tasks regularly for our neighbors and community members without earning a single dime. I have a very soft spot in my heart for the elderly and have no problem is aiding them in any of these tasks. I get your point but you are wrong.


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I did it for my father and I used to assist free of charge for my neighbor. I take exception to hearing that it is the disabled civil right to demand this in-home care from the public though. No where is it anyone’s civil right. Second I have a problem seeing this program mismanaged and taken advantage of. I won’t go into the abuse I’ve seen but I will mention that what is a person’s civil right is to reproduce. I have seen a family of 6 on this program. That’s right, mommy and daddy both decided to have 4 mentally challenged children and all 6 mentally challenged are now supported by the taxpayers. They aren’t so challenged that they don’t know how to demand every penny that might be available to them.


If they properly manage the program and provide care to those who are truly in need, then of course I haven’t got a problem with it.


I should add that It is true that it is less costly to offer in-home services to many of those who require this care providing that we aren’t supporting outright.


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“Advocates” filed a lawsuit… and I’m sure these “advocates” will be well-compensated when their cohorts in government settle this and they split the pie…


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Willie, we are not talking about people with learning disabilities here. Or people with dementia. We are talking about people with Down Syndrome, Cerebral Palsy, Autism, and other SEVERE disabilities that will forever prevent them from being able to live safely on their own without help. And we are not talking about kids who are living with their families — we are talking about adults, who 1) have the right (yes, the RIGHT, as citizens) to live as independently as possible, and 2) may no longer have the support of family members. Without these state-funded community supports, people with these disabilities will be at great risk for health and safety, or will need to be warehoused in institutions — outcomes which will cost California much more, both in terms of monetary cost and in moral cost if we fail to do right by our most vulnerable citizens.


I have a child with Down Syndrome. If, God forbid, her brother dies before she does and I have already passed on, she will be dependent on these programs to keep her safe and happy. Even though we have set money aside to pay for her care, that will come to naught if these programs NO LONGER EXIST because of state cuts, and to set up individual programs for each single person is reinventing the wheel and entirely too costly as I’m sure you can imagine.


And yes, these people DO have constitutional rights that are being infringed upon — life, LIBERTY, and the pursuit of happiness. Not life in an institution without trial, for no other reason than being born with a disability.


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CitizenB

Thank you

In your case and what you reference I am definitely for (not against).

I have a transitory bias after seeing a few young people in the Social Security office with advocates making a scene whining about disability based on learning deficits and not getting satisfaction quick enough requiring security to intervene.

Please foregive me.


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Really? I suppose I have been lucky and not had that experience at Social Security! We looked into applying for my daughter when and if she is living on her own — the requirements seemed pretty stiff to me, with lots of medical documentation required. I know there are always a few who will “milk’ the system, but lets not throw the baby out with the bathwater. There are lots of truly deserving people out there with real disabilities who desperately need this help to live the best lives they are capable of. These is not BIG MONEY in the “game” — the providers barely make minimum wage, overhead is unbelievably low, and the cost to the state of keeping people in the community or in their homes averages 1/20th the cost of putting them in an institution, because the whole community and family members who can’t be there 24-7 can provide natural and free supports that would have to be paid for in an institution.


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Willie, you don’t know the whole story with those people, SS doesn’t discuss such issues in the lobby. Many disabilities aren’t easy to spot. I have relationships (don’t want to say how) with a couple of people with psychological issues that you can’t see. To people that speak with them briefly or just have minor contact with them they might seem perfectly fine. Most people don’t see how they really live. I’m not saying that system isn’t abused, yes I’ve seen that as well, but I believe that most people that receive SS disability are truly in need of it.


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Excuse me but I don’t see why they have a right to specialized in-house services. If we can’t afford it, then we can’t afford it. If they can’t support themselves where does it say they have the right to demand that others support them? I agree that there is BIG MONEY is this game. I took care of my own when they couldn’t care for themselves and I didn’t ask for taxpayer money to care for my own. If family can’t step up then they should go to an institution that can provide the care they require. STOP WITH THE HAND OUT and THE FREE RIDE.


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Cindy, most of the time I share your opinions but on this matter I absolutely and whole heartedly don’t. I would rather our State spent the money they are using to assist ANY and ALL illegals in California and give it to those who suffer from the disabilities mentioned in the article and the subsequent posts. It shames me that we take from those who thru no choice has been born developmently disabled. It isn’t like they chose to have the disability; it isn’t even like the parents were like Octomom and stuck us with her poor decision to have a passle of children she couldn’t afford. I am sure there are those out there who exploit the cause; there is with ANY cause…but in the end, we must give to those who truly NEED assistance and not those who DEMAND it because they have a sense of entitlement. Do you really not see the difference?


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And danika I don’t usually agree with you but other than the illegal thing I completely agree with you.

I don’t want to make this political but you have restored my faith in mankind. Sometimes when I hear things like the GOP debates when the audience cheered the statement by R. Paul regarding making the sick person die before letting the govt. help him or cheering the amount of people put to death in Texas I tend to lump all cons together, many of us start to believe that cons have no sense of compassion. When I see a few of the posts by you and r0y it reminds me that like libs not all cons are the same. There are extremes on both sides and I’m glad to see that you don’t fall into that extreme catigory. Please don’t ever lose that sense of compassion, sometimes I feel like the right is losing all feelings of kindness and caring for others less fortunate.


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TQ, thank your for the post. I will never lose my compassion, pinkyswear!


I was raised by a Republican Mom and a Democrat Dad. It was hell come election time at my house growing up! But both of my parents agreed on a few subjects and one of those was those who truly were in need. I was taught to respect the elderly and those who need a hand up. Someday, I will be the elderly and could easily be the needy. There is a huge difference between a hand up and a hand out.


R. Paul makes me queasy too!


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OMG, we were raised in similar house holds, you are more like some of my siblings that crossed to the dark side ie conservative (JK), they took after my father. My mother was president of the Womens Dem Club of the county that they lived in and my father was as con repub as they com. But sometimes they found common ground such as with social issues like this.


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“…we cannot allow the State to endanger its citizens and risk their basic civil rights…”


Civil Rights? Really? One group in our society is entitled to receive more services from the government than the rest of us based upon which amendment to the constitution?


Being in a protected class and having a fundamental civil right to something are 2 completely different things.


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“Deleted a bunch of comments – let’s try this again”

mind the topic please


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Some disabilities are apparent and real.

But this is also a “BIG” racket especially when it comes to diagnosis of learning disabilities and Alheimer’s dementia-there is big money spread around that industry.


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willie – Glad to see you’re still with us! Your post yesterday over on the other story made me think perhaps you’d be in the can for contempt of court!


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