Constitutional challenge to budget cuts?

This is from the MARO Employment and Training Association weekly update:

MPAS CONSIDERS FILING SUIT AGAINST STATE

Michigan Protection and Advocacy Service (MPAS) stated this week that it is pulling together the agency's legal talent needed to consider filing a Constitutional Challenge against the state of Michigan if the State Legislature and governor move forward with the anticipated massive cuts in services to people with disabilities.

Elmer Cerano, executive director of the nonprofit agency stated, "In our frequent and intensive visits with State officials the answer is always the same, 'we have no money.' Of course we recognize the very real fiscal crisis facing the state; however, we take very seriously the promises of Michigan's Constitution, Article 8, Section 8, which provides:

Institutions, programs and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally or otherwise seriously disabled shall always be fostered and supported.

Mark Cody, the organization's legal director stated, "Further reductions in General Fund appropriations for mental health services will place the most vulnerable of Michigan's citizens at risk. The state of Michigan is, or may soon be, in violation of the Michigan Constitution by failing to adequately fund services for individuals who are physically, mentally or otherwise seriously disabled."

Cerano has directed the agency's legal team to investigate the feasibility of bringing a Constitutional Challenge against the State for its failure to meet this constitutional requirement. "We will be carefully monitoring the impact of the budget cuts on the lives of people with disabilities," he says.

Elmer Cerano is the Keynote Speaker at the 2009 Michigan Rehabilitation Conference, October 21-23 at the Amway Grand Plaza in Grand Rapids.

Washtenaw ISD: Free sign language classes

This is from the Washtenaw County Special Education Information group:

Free Sign Language Classes
At Washtenaw Intermediate School District
1819 S. Wagner Road, Ann Arbor MI 48106
beginning on Wednesday, October 14, 2009

Instructor: Barbara Leonard

Twelve free sign classes will be held on Wednesdays,
beginning on October 14th.

Textbook required: Signing Naturally I.
(Wait until first class before purchasing.)

School/Preschool Signs -- 4:30 p.m. to 5:30 p.m. Learn:

• the sign alphabet
• signs for everyday phrases related to the school environment
• signs for song, rhymes, and stories
• proper use of gestures, idioms, body language

Basic ASL -- 6:30 to 7:30 p.m. Learn:

• the sign alphabet
• signs for everyday phrases
• finger spelling
• proper use of gestures, idioms, body language
• deeper look into the characteristics of American Sign Language

The best way to register is to register on the WISD website . Click on Services--Staff Development Services--Workshop Registration or use this link .

If you do not have access to a computer, you can call Barbara Leonard
at 994-8100 x1532 and leave a message with your name, address, and
phone number.

Farmer's Market Flowers

Washtenaw County funding cuts for DD services

The Washtenaw County Board of Commissioners (BOC) met on September 2, 2009. During public participation at the beginning of the meeting, at least five people, some with their disabled family member, made statements to the commissioners opposing proposals to reduce funding to Community Supports and Treatment Services' (CSTS) vocational and skill-building programs. The BOC was genuinely moved by the family members who talked about how much they rely on these programs for their loved ones and the distress it causes when programs are abruptly changed or terminated. The commissioners appeared not to be aware of the heartfelt opposition to these proposals.

The meeting was covered by AnnArbor.com and the Ann Arbor Chronicle .

Part of the meeting that was not covered by local on-line news, were comments and questions by Ronnie Peterson, a commissioner from Ypsilanti. He has personal experience with a disabled uncle whom his family cared for and was especially sympathetic to the concerns of families. First, he emphasized that the BOC has not taken any steps on CSTS funding. He was surprised by the opposition from families concerning cuts in funding by the county that could result in CSTS losing many programs that families rely on. He wondered what steps CSTS had taken to involve and inform families of possible funding cuts, before the BOC was notified of the impact these cuts would have on CSTS programs. He said he would not want to approve something opposed by consumers.

Donna Sabourin, the director of CSTS, spoke much later in the meeting to update the BOC on CSTS funding. She said the Washtenaw Community Health Organization (WCHO) contracts with the CSTS to provide the vocational and skill-building programs that serve a large number of people with developmental disabilities. She presented three options for the future of these programs:

1. The WCHO receives Medicaid funding for the vast majority of people participating in these programs and expects increases in Medicaid funds to help pay for services. The WCHO might increase funding to CSTS to make up for the cuts in funding from Washtenaw County and keep current programs, if funding permits.
2. The WCHO could contract with other entities to provide the same services at less cost.
3. The WCHO already uses other contractors to provide some vocational services. There has been a problem with some of these programs having to switch providers every year. The CSTS could bring these programs back to CSTS without increasing CSTS staffing, thereby saving money and maintaining their current programs with WCHO funding, including the increases in Medicaid funding.
   

The 3rd option may be the best, but it would require approval of the WCHO based on that agency’s estimate of future funding.

BOC meetings are available for viewing by webcast here. Past meetings are found in the archives. Under the viewing screen, there is a place where you can select an agenda item (such as Public Participation) and go directly to viewing that part of the meeting.

Important meetings coming up:

WCHO Board Meeting: Tuesday, September 15, 2009, 6 – 9 p.m. at the LRC building at 4135 Washtenaw Ave., Ann Arbor. Contact information: Suzanne Gondek at (734) 544-3014 or gondeks@ewashtenaw.org .

Washtenaw BOC Meeting: Wednesday, September 16, 2009, 6:30 p.m., Board Room in the Administration Building at 220 N. Main St., Ann Arbor.

Jill Barker
Friends of the Developmentally Disabled
jillrbarker@sbcglobal.net

Quote of the Day

"If you want to build a ship, don't drum up the men to gather wood, divide the work, and give orders. Instead, teach them to yearn for the vast and endless sea."

Antoine de Saint Exupery

Cuts to Mental Health Services: Survival of the Fittest?

This letter appeared in AnnArbor.com on Sunday August 30, 2009:

When I read the article about slashing services to Washtenaw County's Community Support and Treatment Services in the news, I thought: "Yep, here we go again with the survival of the fittest."

The (relatively young and healthy) people in power (elected to represent us, NOT resent us) could survive a cut in pay or hours, but the seniors and handicapped and mentally ill, WILL surely suffer to varying but great degrees.

Advocates must constantly remind these decision makers that the level of a community is determined by how well we take care of those who cannot take care of themselves (in all the myriad different ways).

Please put your heart before your head or wallet.

Jane Mariouw, Ann Arbor

August 18th WCHO board meeting with public comments on proposed cuts to CSTS

The Washtenaw Community Health Organization (WCHO) Board met on August 18, 2009. Since the WCHO's last Board meeting, the Washtenaw County Board of Commissioners met to discuss the possibility of cutting County services, including mental health programs. This is a summary of parts of the Board meeting that relate to that issue:

Patrick Barrie, the WCHO Executive Director, and Board members reiterated that the WCHO has a responsibility to provide services written into person-centered plans for people with developmental disabilities and that, in any case, those services will be provided whether it is through Community Supports and Treatment Services (CSTS) or through other contracted providers.

Washtenaw County is obligated to fund 10% of the WCHO budget, but it has gone well beyond that in the past in supporting mental health programs. It is the discretionary part (above their 10 % contribution) that can be cut.

The Impact Statement of program cuts from Donna Sabourin, CSTS director, is laid out on pages 11 - 22 of this document .

Public Participation:

During public participation at the beginning of the WCHO Board meeting, I noted that Donna Sabourin had presented Washtenaw County with an impact statement of possible cuts to CSTS and asked if there had been any attempt to consider consumers and family members’ views regarding possible cuts? (Board members agreed that they need to improve communication with families and consumers.) After I became aware of the possibility of cuts from the County, I heard more specifically that this could mean laying off 60 people from CSTS jobs in vocational, training, and day programs.

One of my concerns is that these types of programs (day programs, workshops, PACE programs, and enclaves) are easy targets for elimination by the state with support from advocates who would tell you that everyone can work at a paying job and live in the community like everyone else and that these programs are isolating and discriminatory. For people who need these programs, they are a lifeline for both consumers and their families and are a useful and necessary part of the system of care and services.

Another family member commented that contracting out services (which is a possibility if the County makes severe cuts to CSTS) is not always the best plan for the long term. He works for a car company that did that. They found that workers had a lower level of skills and that they saw a general degradation of services. They went back to hiring their own people rather than outsourcing the work.

More information on the WCHO and County and state budgets:

• The WCHO has a fiscal year that begins on October 1st. The County' s fiscal year begins on January 1st. The cuts the county is contemplating would go into effect on January 1st, 2010.
• Everyone is awaiting the State budget. At this time the strongest and most reliable funding will be from Medicaid. The Medicaid match from the federal government will be going up, based on the state’s financial problems. The state will be paid under the old rates until the state files a new agreement with the federal government.
• The state got an increase of $1 billion in Medicaid stimulus money. With state revenues declining precipitously, the state used up the stimulus funds in three months. The state would have been in even worse shape without it.
• Barbara Levin Bergman who is a County Commissioner and WCHO Board member said the WCHO needs a better method of explaining budget problems and offered her phone number for anyone who had questions about it. Here is her email address: bergmanb@ewashtenaw.org .

After the meeting, I asked Barbara Levin Bergman which of the Commissioners meetings are the most important to attend. She said all of them. I will try to attend as many as possible and will pass on what I find out. I would love to have company at these meetings if any of you can attend.

Here are the meetings through the month of September:

• 8/26 Administrative Briefing 5:00 p.m. Administration Conference Room
• 9/2 Ways & Means Committee 6:30 p.m. Board Room, Administration Building
• 9/2 Board of Commissioners 6:45 p.m. Board Room, Administration Building
• 9/3 Board Working Session 6:30 p.m. Board Room, Administration Building
• 9/9 Administrative Briefing 5:00 p.m. Administration Conference Room
• 9/16 Ways & Means Committee 6:30 p.m. Board Room, Administration Building
• 9/16 Board of Commissioners (Annual Meeting) 6:45 p.m. Board Room, Administration Building
• 9/17 Board Working Session 6:30 p.m. Board Room, Administration Building

The other thing that Barbara Bergman suggested for us to do is for anyone with concerns about these proposed cuts to contact their own County Commissioner.

• Here is a map of the County so that you can determine who your Commissioner is.
• Here is a list of all the Commissioners with their contact information.

It is important for the County to understand that these programs, whether or not they are mandatory as far as the County is concerned, are essential for many people with developmental disabilities who have very few options available. Both they and their families are adversely affected by abrupt changes in their lives more than most people.

If you would like more information about the WCHO Board and what it is doing, you may ask to be put on an email list to receive the packet of materials sent out to the Board before every meeting. Email Suzanne Gondek at gondeks@ewashtenaw.org

Jill Barker
jillrbarker@sbcglobal.net