Wednesday, February 23, 2011

Michigan governor's proposed budget: not all bad news for people with disabilities

On February 17, 2011, Michigan's Governor Rick Snyder laid out his budget proposal for fiscal year 2012. FY 2012 begins October 1, 2011.

There is some good news in the proposal for people with developmental disabilities. This is from an AnnArbor.com report on the highlights of the governor's budget:

  • Medicaid eligibility is maintained and provider reimbursement rates are supported without reductions to preserve health care and access for those most vulnerable. 
  • A Medicaid budget that is funded at $11.2 billion, reflecting the institution of a new 1 percent health care insurance assessment on all paid health care and dental insurance claims. 
  • The preservation of over $1.4 billion in funding for programs that assist nearly 55,000 special education students, as well as $1.2 billion for core education programs such as services for academically at-risk students and adult education.

Schools and Universities, however, will be taking a big hit in the proposed plan. K-12 funding will be reduced by 5 % or $500 million. The state will encourage schools to adopt  "best practices" that generate savings on medical benefits for employees and reduce spending on "non-instructional" services. It remains to be seen whether there are additional savings to be squeezed out of already stressed school district budgets.

Another problem is the "elimination of statutory revenue sharing payments for cities, villages and townships in fiscal year 2012 to be replaced with a new incentive-based revenue sharing program available to cities, villages and townships that meet state standards and adopt best practices."  This amounts to a reduction of nearly one-third of revenue sharing funding available to local governments. Local governments will have less to spend on safety, fire protection, and other local services and the mental health system will have more difficulty serving people who are not eligible for Medicaid. They will not be able to shore up the mental health system to provide services that are needed but not necessarily mandated or covered by Medicaid. This exacerbates the problem of declining revenues from property taxes for local governments. A more detailed analysis of the impact on Washtenaw County is covered in an article from AnnArbor.com.

There will also be less money available for poor people with the elimination of Michigan's contribution to the Earned Income Tax Credit (EITC). Snyder says that the money saved will go into maintaining Medicaid and other services for the poor, but Stephen Henderson, a columnist for the Detroit Free Press has a good point: while the budget calls for eliminating tax breaks for wealthier people, "poor people will take a bigger hit, relatively speaking than everyone else". This will also effect small businesses, especially in Detroit where the EITC reduction will take $330 million out of the local economy.

In an interview with the Detroit Free Press, the Governor explains the thinking behind the balancing act that his administration did to justify the changes he is proposing. Last Sunday's Detroit Free Press editorial page, not known for its support of Republican budget initiatives, is surprisingly mild in its criticism of the governor's proposals. Michigan's budget problems have been long in the making and there is a tendency to hope, perhaps beyond reason, that these proposals will help.

The Governor's non-ideological approach to Michigan's problems and his eclectic method of problem-solving are mulled over by Free Press columnist Brian Dickerson in his assessment of the governor as "A mild-mannered radical". Dickerson foresees the possibility of attacks from both ends of the political spectrum, but says that "Snyder's ace in the hole is the voters' widely shared conviction that Michigan's fiscal disease cries out for nothing less than radical surgery."


So far, the governor appears to have avoided a full-frontal Wisconsin-style assault on public employee unions, but one can expect that local adjustments will inevitably lead to losses in wages and benefits for public agency employees, if the governor's budget is adopted.

Friday, February 11, 2011

White House Monthly Disability Call - 02/15/2011


To make sure you get a chance to listen in on this monthly phone call with the White House on disabilitiy issues, try calling in 15 minutes early.

This is from Kareem Dale, Special Assistant to the President:

In order to help keep you more informed, we are hosting monthly calls to update you on various disability issues as well as to introduce you to persons who work on disability issues in the federal government. This month's topic will be on the President's budget as it relates to people with disabilities.

This call is off the record and not for press purposes.

We strongly urge and ask that you distribute this email broadly to your networks and list serves so that anyone who wants to participate and learn about the President's budget can do so.

Our next call will be Tuesday, February 15 at 1:00 PM Eastern.

The conference call information is below.

Dial in for listeners: United States: (800) 288-8974

Title: White House Disability Call (use instead of code)

Date of Call: 02/15/2011

Start Time: 1:00 PM Eastern

For live captioning, at time of call, log onto:

http://www.fedrcc.us//Enter.aspx?EventID=1710748&CustomerID=321

If you received this email as a forward but would like to be added to the White House Disability Group email distribution list, please email sfeuerstein@who.eop.gov and provide your name, email address, city, state and organization if applicable.

Again, please distribute widely.

Kareem Dale
Special Assistant to the President
The White House
1600 Pennsylvania Avenue, NW
Washington DC 20500
202-456-1111

Tuesday, February 8, 2011

Michigan Home Help Services for people with disabilities

The Home Help Services Program is administered by the Michigan Department of Human Services and is paid for by Medicaid. It allows adults with developmental and other disabilities to receive help so that they can stay in their own homes or their family's home. Home Help funding is also given to people in supported living homes to supplement other services provided by the local Community Mental Health agency.

Home Help Services include preparing meals, clean-up and feeding, toileting, bathing, grooming, dressing, moving around the house, taking medicine, shopping, laundry, and light housework. People enrolled in the Home Help Services program employ their own provider who may be a friend or relative (including a parent if the adult-child is over 18 years old).

The number of hours paid for depend on a functional assessment of Activities of Daily Living and Instrumental Activities of Daily Living. The maximum amount of money available under regular home help services is $549/ month. Expanded Home Help Services for people who need more help pays up to $1300/month depending on the need for more services. Funding over $1300/month is possible with approval by the Michigan Department of Community Health.

To learn more about the program and to apply for benefits contact your local Department of Human Services. For Washtenaw County, contact:

Department of Human Services
22 Center St.
Ypsilanti, MI 48198
Phone: (734) 481-2000

If your funding for services is decreased or denied, you must be given an Advance Negative Action Notice (a notice that tells you why the action was taken and your right to appeal the decision). You have the right to appeal the decision through a Medicaid Hearing. If you ask for the hearing before the date the action is to go into effect, the service and funding must continue until a decision has been made by a Medicaid hearing officer.  Here is a brochure explaining the basics of Medicaid Hearings.

As a guardian of a person in the Home Help Program, you may file for a Medicaid Hearing on behalf of the person, but you must send a copy of the Court Order from the probate court granting guardianship with your hearing request.

More information on Home Help Services is available in the Adult Services Manual. Click on the Independent Living Services Program Overview, Requirements, and Procedures (ASM 361, 362, and 363) for much more information on Home Help Services.

Monday, February 7, 2011

Michigan hearings on changes to special ed. administrative rules

Think Spring
The Michigan Office of Special Education and Early Intervention Services will conduct public hearings to receive public comment on the following proposed administrative rules and documents:

    * Special Education Programs and Services Administrative Rules (2010-049 ED)
    * School Social Worker (2010-048 ED)
    * Notice and Consent Procedures
    * Due Process Complaint Procedures
    * State Complaint Procedures

For more complete information and links to the documents that are under consideration, see the MDE Website.


The hearings closest to Washtenaw County will be in Detroit on Monday, March 7, 2011 from 4:00-8:00 p.m. at Renaissance High School, 6565 West Outer Drive, Detroit, MI 48235. Phone: (313) 416-4600.

Written comments can be submitted no later than 5:00 p.m., March 18, 2011, to:

Public Comment
Office of Special Education and Early Intervention Services
Michigan Department of Education
P.O. Box 30008
Lansing, MI 48909
mde-ose@michigan.gov
Fax: 517-373-7504

There are many references in these documents to federal regulations under I.D.E.A. Here is a link to those regulations. You will find more federal I.D.E.A. resources from the U. S. Department of Education here.

Laws, rules, and regulations are generally not the first things parents with children in special education think about when they have a spare moment. We are all be better off, however,  knowing something about them and how they apply to children and parents. It is not enough to have the laws and rules interpreted for us by others who may not have our children's interests at heart or who may have other agendas. Reading them and understanding them is one way to demystify the special education process.

Wednesday, February 2, 2011

Michigan parents settle lawsuit involving facilitated communication

The parents of an autistic girl settled a lawsuit against the Bloomfield Hills, Michigan, police department last month for $1.8 million, according to an article in the Detroit Free Press.

Over three years ago, the father was arrested and accused of raping his 14-year-old autistic daughter based on accusations made through a widely discredited method called facilitated communication (FC). A facilitator, in this case a teacher's aide, guided the girl's hand over a keyboard while the girl supposedly typed out messages accusing her father of raping her repeatedly since she was seven years old. The father spent 80 days in jail and the mother was put on an electronic tether. The girl and her 13-year-old brother who has a milder form of autism were placed in foster care. The police, in a video-taped interview, tried to browbeat the brother into admitting that he too had been molested by his father. He was told that the police had video tapes showing this to be true, a story that turned out to be entirely fabricated.

In a related article, the Free Press reports that the parents' lawsuit against the Oakland County Prosecutor’s Office, the Walled Lake Consolidated School District and the Michigan Department of Human Services is still under consideration. Although the Oakland County lawyer argues for governmental immunity for his clients, the District Court Judge finds the facts in the case troubling.

The facts are indeed troubling:

  • There was no physical evidence that a rape had taken place.
  • The prosecution and the judge in the case accepted the girl's statements through FC as valid even though she functioned at the level of a two-year-old and did not talk. Even the prosecution's witness called to defend FC as a valid form of communication, did not believe the girl's charges and had warned the prosecution that her statements should be validated independently.
  • The girl's brother was interviewed by the police without notifying his guardian and without a parent or attorney present.
  • The primary objection to FC is that the communication is usually that of the facilitator and not the person who is being facilitated. The court still treated the girl's statements as evidence of a crime, reliable enough to have the father thrown in jail for 80 days.The case was dismissed after the girl was unable to answer even simple questions when her facilitator could not hear the questions being asked. 
  • When the case was dismissed, the prosecution did not admit that they were wrong. Instead they said that the girl refused to testify because she was afraid.

We may never know the motivation for the actions of the prosecutor's office, the police department, and the school district. At least the parents have some compensation for this travesty that almost destroyed their lives.


Here are earlier posts on this case. MSNBC in 2009 had a blogpost called "Dark shadows loom over facilitated talk" which includes the Michigan case. It also gives a general overview of the origins of FC.

Thursday, January 27, 2011

Transportation in Washtenaw County

AnnArbor.com features an article today about plans for significantly improving public transportation in Washtenaw County. Three plans have been proposed by the Ann Arbor Transportation Authority (AATA). 20 community forums are scheduled from January 31st to February 23rd in communities all over the county to receive public input on the plans.

The three scenarios offer varying degrees of improvements in county transportation over the next 30 years. The basic plan, called "lifeline plus" calls for increasing the frequency of rides, expanding access to the transportation system, especially for people with disabilities and the elderly, expanding hours of operation, bus stop improvements, and expanding links to other city transportation systems. The two other plans offer further improvements and expansion that will provide more flexibility in the system with a view toward reducing suburban sprawl and promoting compact land use.

Transportation improvement planning has been underway for a year. After the forums, AATA will consider public input, pick a plan, and begin implementation.

The availability of reliable and accessible transportation is vital to improving access to jobs and social and recreational opportunities for people with disabilities. Get involved to find out how AATA plans will affect your disabled family member.

For more information, visit the AATA Website on proposed transportation plans for Washtenaw County and see the schedule for 20 community meetings to be held over the next month.


For more information on transportation issues and disabilities, contact Carolyn Grawi at Ann Arbor Center for Independent Living, (734) 971-0277, or email cgrawi@aacil.org

Share any concerns you have about transit with Representative Rick Olson from York Township, Washtenaw County. He was recently appointed to the House Committee on Transportation in the Michigan House of Representatives. Phone: (517) 373-1792 ; E-mail: RickOlson@house.mi.gov .

Tuesday, January 25, 2011

No excuse for violations at Oakland County group homes

This article from The Detroit News, "Repeated violations found at Oakland County group homes", January 10, 2011, is all too familiar. Every year or so a local newspaper features a story about group homes that could just as well have been written last year or the year before that or ten years ago. The story goes something like this: Group home residents live in squalid conditions, are subjected to mistreatment by group home employees, and are neglected to the point where they wander off and get into serious trouble with the police and their neighbors. It is also not unusual for an employee to claim, as happened in this case, that he or she was fired for trying to bring problems to the attention of his or her supervisors.

There are many group homes that provide excellent care and have none of the problems cited in this article. When the best choice for a person is to live in a group home, I think the best care for people with severe developmental disabilities is provided in homes that have strong family involvement and oversight, community support from local churches or other community organizations, and whose management welcomes and encourages this support. What families have to worry about are the many group homes that provide adequate care, but not much in the way of a fulfilling life for their residents and homes that provide neither adequate care nor much of a life for their residents and end up endangering the health, safety, and well-being of the people who live there.

Licensed group homes are operated under strict rules to assure safety and the protection of residents' rights. The caseloads of licensing monitors, however, have been increasing, bringing into question whether monitors can adequately do their job. In addition, administrators in the Michigan Department of Community Health have stated that they want to eventually eliminate group homes as an option for people with developmental disabilities. It is difficult to believe that the State will do much to improve the quality of failing group homes when they would prefer that they disappear.

There are things that families can do to improve the living situation of group home residents.

The first line of defense to protect a resident of a group home is to have a good person-centered plan and service plan that describe in detail all the services the person needs and how they will be delivered. Many problems go back to poor planning. Furthermore the plan of services must take into account the preferences and choices of the resident that are so important for the person's happiness and satisfaction with his or her living situation.

Most of the rights of recipients of mental health services fall under these broad categories listed in the Michigan Mental Health Code:

  1. A recipient shall receive mental health services suited to his or her condition.
  2. Mental health services shall be provided in a safe, sanitary, and humane treatment environment.
  3. Mental health services shall be offered in the least restrictive setting that is appropriate and available.
  4. A recipient has the right to be treated with dignity and respect.

Any violation of these rights can be reported to the local Recipient Rights Office. In Washtenaw County, Recipient Rights can be reached at (734) 544-3000. Anyone can make a complaint to recipient rights, whether or not you are related to the person involved. As a complainant, you should receive a written response to your complaint, written updates on the progress of the rights investigation, and a written summary of the conclusion of the investigation and the actions that have been taken to correct the situation.


A Rights Complaint form is available here.

Adult Foster Care Licensing provides an extra layer of monitoring and oversight for group homes and deals with the most serious rights violations and safety issues.  These can involve the death of a resident, accidents or illnesses that require hospitalization, displays of serious hostility, self-inflicted harm or harm to others, and destruction of property. Also included in investigations are incidents involving the arrest or conviction of a resident and absence without notice.

If a resident has a guardian, the guardian must be notified in writing within 48 hours of an incident or event that triggers a licensing investigation. A licensing complaint form can be found here. In addition to the complaint form are rules for AFC homes and notice requirements when a complaint has been received.

AFC maintains a Website on licensed group homes. Look for Special Investigation Reports that go beyond routine licensing inspections for information that may indicate serious problems at a group home.

The best and most reliable monitors of group homes are family members and friends who drop in frequently, ask lots of questions, and do not let serious incidents go by without reporting them to the proper authorities.