Arkansas Testimonial 2006

STATEMENT OF WILLIAM F. SHERMAN
ATTORNEY FOR PARENT/GUARDIAN ASSOCIATION
STATE OF ARKANSAS

AR Bar No. 6406
Tel: (501) 372-3148

I am William F. Sherman, attorney at law. My address is 809 N. Palm Street, Little Rock, Arkansas 72205. I am a graduate of the University of Virginia Law School and I have been in the practice of law since 1964 in Arkansas.  In addition to federal and state courts in Arkansas, I am licensed to practice in the U.S. Supreme Court and the 4^th, 6^th, 8^th and 11^th Circuit Courts of Appeals. I have been admitted to appear pro hac vice in other state and federal courts.

CA Coffelt Case Study: 2006 Update

CALIFORNIA

June 6, 2006
To:      Tamie Hopp
 Director of Government Relations & Advocacy, VOR
From:  Bob Cross, Esq.
Vice President, CASH-PCR
Re: PAI

This is in response to your request for an updated perspective on PAI activities in California. The following comments reflect experiences common among families with relatives who reside or until recently have resided in California’s developmental centers (DCs).

CA Coffelt Case Study 2000

March 2000

William Coffelt v. California Department of Developmental Services:
A case study of one class action by Protection and Advocacy 

Executive Summary

This case study is designed to support the requests of Voice of the Retarded (VOR) for changes in the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) to assure health, safety and quality of care for people with severe and profound mental retardation. With these changes, VOR supports reauthorization.

VOR feels strongly that some DD Act program activities, including class action litigation, work against the best interests of some people with mental retardation by eliminating specialized services settings such as the Intermediate Care Facility for the Mentally Retarded (ICF/MR; a/k/a institution or developmental center).

California: Parent testimonial (2007)

Jan 01 07
To:  Ms Clea Benson-Bee Capitol Bureau
From: Dale Emde, Pacifica, California

As a parent of my severely handicapped son Arthur, who has lived successfully at Sonoma Developmental Center since 1964, I believe I am qualified to comment on the completely avoidable death of Donald Santiago after being forced to move from Agnews DC into the community against strong protests from family and friends.

California: CASHPCR (statewide family association) testimony (2006)

2006

Testimony of Theresa DeBell, President, CASHPCR
Re: California Protection and Advocacy Incorporated (PAI) and State Council

Good Evening.  My name is Theresa DeBell, and I am the president of CASHPCR, which represents the families and friends of the 3, 000 residents of the California Developmental Centers.  Thank you for the opportunity to comment on Protection and Advocacy and the State Council.

Last week a PAI representative testified against replacing a kitchen at a developmental center that was inadequate to deliver meals to the residents, with numerous health code violations, including the presence of vermin.  She testified that the money would be better spent providing a less restrictive environment for the residents.  This would be rather difficult to manage for those residents with forensic placements, and does not address the fact that the residents are entitled to receive proper and safe nutrition services.

Florida: Parent NON-involvement in Brown v. Bush

Parent NON-involvement in Brown v. Bush, a P&A lawsuit
By Don Stover
Stover Objectors – proposed Intervenors – Brown v. Bush

The Advocacy Center (Florida’s Protection and Advocacy (P&A) agency) and the Agency for Persons with Disabilities were two parties in Brown v. Bush, a federal lawsuit filed on March 24, 1998) (formerly Brown v. Chiles). This lawsuit resulted in the closure of the Community of Landmark. On June 16, 2004, a settlement agreement required that the state develop a plan by June 30, 2005 for the closure of Gulfcoast Center no later than July 1, 2010.

The families and guardians of Gulf Coast residents, or other Florida Developmental Service Institutions (DSI’s) were not invited to participate in negotiations. Families learned about the settlement in the Ft. Myers News-Press in July 2004. In October 2004, notices of a “fairness hearing” to consider the settlement were mailed to residents, parents and guardians. A group of Gulfcoast families and guardians – the Stover Objectors – quickly arranged for legal representation and organized opposition to the settlement agreement. By November 23, more than 200 letters were sent to the federal court in Miami. Counsel for the Stover Objectors also appeared in federal court at the Fairness hearing on December 10, 2004.