Presentation on theme: "The Rights of the Elderly with Disabilities Adult Protection and Advocacy Conference August 1, 2013."— Presentation transcript:
The Rights of the Elderly with Disabilities Adult Protection and Advocacy Conference August 1, 2013
Why This Is Important Approximately 2 million people living in Illinois have disabilities Approximately 50 percent of individuals 65 and older have a disability (U.S. Census Bureau, 2010) Close to 40 percent have a severe disability You will come across individuals with disabilities in your work with the elderly and in your daily life. It’s important to know their rights and how to assist them.
Disability Rights Bureau Respond to complaints of inaccessibility and other forms of disability discrimination Conduct investigations, negotiate, and litigate Look for pattern or practice. Others referred to Department of Human Rights. Provide technical assistance to code officials, inspectors, private businesses, government entities, and individuals with questions about disability rights laws Provide referrals to organizations, agencies, and resources
Disability Rights Bureau Conduct disability training programs for law enforcement (including elderly service officers), architects, engineers, courts, governmental entities, business owners, disability organizations and other groups upon request Create public awareness through presentations and publications Participate in committees Work on legislation
AMC Settlement Previously only 21 of 246 screens had captioning AMC, largest theater chain in state, worked cooperatively with us to find a comprehensive solution Providing captioning and narrative description in all AMC theaters by April 2014 Show times of movies with captioning and narrative description on theater website Currently installed in at least 96 percent of screens
Court Disability Coordinators Handle accommodations requests and complaints about physical access Work with judges to do so Circuit clerks, court administrators, other court employees, sheriffs At least one in every circuit courthouse Draft policies and train court staff AG’s office trains and provides technical assistance If unsure of CDC in particular courthouse call Disability Rights Bureau
State Law Enforcement/Prosecutor Protocols Best practices manuals and trainings Drafted by people with disabilities, state employees, advocates, attorneys, law enforcement Areas covered are elder abuse and neglect, people with disabilities, and domestic violence Covers all stages of investigations and prosecutions, including interacting with people with disabilities Grant from federal government
People First Language Emphasize person first: Say “person with a disability” rather than “disabled person” For specific disabilities say a “person who has epilepsy” or “a person who is on the autism spectrum” – not epileptic or autistic “Accessible parking” rather than “handicapped parking” If you aren’t sure what words to use, ask. Using appropriate language demonstrates respect for the individual as a person and shows your understanding of disability-related terms.
Disability Etiquette Use Person with a disability Person with a mobility impairment Person who is deaf (unless Deaf preferred)/hard of hearing Person who is blind or has low vision Person who uses a wheelchair Person who has diabetes Avoid Disabled Handicapped Crippled, invalid, victim of, suffers from, stricken with Hearing or vision impaired Mute, deaf, and dumb Wheelchair bound Retard, crazy
Assisting People with Disabilities Wide spectrum of disabilities. Different needs and abilities Different levels of independence If help is requested, wait for a reply on how to help or look for other non- verbal cues Challenges for people with disabilities who are victims. Attitudes and stereotypes Physical accessibility Challenges for advocates working with people with disabilities. Understanding their needs. Getting law enforcement and court personnel to understand their needs. Always speak directly to people with disabilities. Example: If a person who uses a wheelchair is with a personal assistant or family member, speak directly to the person - not his or her personal assistant or family member.
Wheelchairs or Mobility Devices People who use wheelchairs or other mobility devices have different abilities and needs for assistance. Do not lean on, push, or move a person’s wheelchair or mobility device. It is in their personal space. If a long conversation is planned, locate a chair and sit down to have a conversation at eye level.
Effective, Respectful Communication Communicating with individuals with disabilities should be no different than the same respectful, clear communication deserved by everyone.
Speech disabilities Person who has a stroke, is deaf, uses a voice prosthesis, or has a stammer may be difficult to understand. Give full attention. Don’t interrupt or finish their sentence. If you don’t understand, ask them to repeat. If you still don’t understand, ask them to write it down or suggest another way of facilitating communication. Quiet environment makes communication easier.
Learning or Cognitive Disabilities Listen carefully Speak clearly Check for understanding Use clear, concrete language. Avoid abstractions, slang, and jargon Allow person extra time to process the information and ask questions Ask the person how they prefer to communicate (eg. written or verbal) Don’t overload the person with too much information Quiet environment if possible
Disability Rights Laws Federal Law Americans with Disabilities Act Title I – Employment Title II – State and local government Title III – Public accommodations Section 504 – Rehabilitation Act of 1973 Prohibits discrimination on the basis of disability in programs and activities receiving federal funding. Fair Housing Amendments Act
Disability Rights Law (continued) State Law Illinois Environmental Barriers Act Illinois Accessibility Code Illinois Human Rights Act Service Animal Access Act / White Cane Law Illinois Vehicle Code Local Law Parking Ordinances Set Fines
ADA - Title II Prohibits discrimination on the basis of disability in all programs, services, and activities provided to the public by state and local governments. Effective date – January 26, 1992.
ADA – Title II (cont.) Covers all programs, services, activities of state and local government Recreation City council meetings Libraries State hospitals Courts Police stations, etc.
ADA – Title III Prohibits disability discrimination in public accommodations Private entity that owns, operates, leases or leases to a place of public accommodation and may include: Restaurants Theaters Hotels Retail stores Doctor’s offices Museums, etc.
Providing Equal Access and Participation under the ADA Reasonable modifications (accommodations) of policies, practices, procedures unless a fundamental alteration Auxiliary aids and services unless a fundamental alteration or undue burden Physical access unless fundamental alteration or undue burden Program access (Title II)
Reasonable Modifications (Accommodations) Allowing water, food, or medical equipment Allowing ID other than driver’s license Allowing service animal Allowing phones or other electronics when security policy prohibits Providing in-home or delivery services Modifying schedules or deadlines
Service Animals ADA Titles II and III and Human Rights Act Modification of no-pet policy State criminal laws Service Animal Access Act, 720 ILCS 5/48-8 White Cane Law, 775 ILCS 30 Cover service animals in training and trainers Violation is misdemeanor
Service Animals (cont.) Only dogs are service animals Except miniature horses may be an accommodation Must be individually trained to do work or perform a task Owner is responsible for care of the animal Must be under control of handler But not required to have a leash or harness if would interfere with the task
Service Animal Tasks Guide individuals who are blind or have low vision Assist before, during, or after seizures Alert people who are deaf or hard of hearing to sounds Provide non-violent protection or rescue work Pull a wheelchair Alert to presence of allergens or decreased insulin Retrieve items such as medicine or a phone Provide physical support or assist with balance Prevent or interrupt impulsive/destructive behavior Recognition and response: nudging, licking, pressure
Service Animals Cannot require payment of fees or surcharges No hotel pet cleaning fee Can accompany owner wherever public goes Restaurants Hospitals (except in burn units, operating rooms) Not required Proof of training Certification or license Identification Harness, vest, or other attire
Service Animal Inquiries To determine whether service animal can ask two questions only Do you need this animal because of a disability? What work or task is the animal individually trained to perform? Cannot ask nature of disability Cannot ask to demonstrate task Person can train animal himself or herself/no school training requirement Not appropriate to ask a question if the answer is apparent
Excluding Service Animals Can only be excluded when: The animal is out of control and the handler does not take effective action to control it The animal is not housebroken The animal is a direct threat to safety Must be based on nature of particular animal. Cannot be based on breed stereotyping Common allergies and fear of dogs are not reasons for exclusion Exclude animal – not owner
Assistance Animals in Housing Fair Housing Amendments Act and Illinois Human Rights Act govern non-public areas of facility Assistance animals is broader category: includes service animals and emotional support animals Emotional support animals do not need to perform task or have training Emotional support animals may be of any type There are no breed restrictions: look at nature of the animal Housing provider may request minimal information from health professional to determine if the person has a disability and needs the animal
Auxiliary Aids and Services Title II and III entities must provide auxiliary aids and services upon request Interpreters, large print format, assistive listening devices Purpose: effective communication and equal participation May not charge for the aid or service Primary consideration given to what the person requests Permissible to require reasonable amount of lead time
Auxiliary Aids and Services (cont.) Not required to provide Wheelchairs/canes Hearing aids Personal care assistant
Auxiliary Aids and Services for People who are Blind or have Low Vision Qualified readers Assistance with forms Email documents/refer to websites Documents in Word best Screen readers/scanners Braille Large print Magnifiers – handheld or software
Helping Those who are Blind or Have Low Vision Identify yourself, department, and others who are present Assistance If requested, offer your elbow/arm for guidance Verbally describe area as you are walking, noting any obstacles Be descriptive when giving directions Example – “third door on the left” rather than “down the hall” Offer to read written information or describe a picture
Blind or Low Vision (continued) Assistance With permission, guide person’s hand to a stair banister or back of a chair for seating Let the person know when you are leaving or when someone else has joined you
Auxiliary Aids and Services for People who are Deaf or Hard of Hearing Qualified Interpreters List of Certified Interpreters can be found at: http://www.idhhc.state.il.us Video Relay Service Telephone Relay service Dial 7-1-1 or 800-526-0844 TTYs (in conjunction with computer software programs) Assistive listening systems/devices Communication Access Realtime Translation (CART)
Deaf or Hard of Hearing Deaf or hard of hearing. Speak to the person — not the interpreter. Be patient. Communication may take longer. Good lighting is necessary because visual cues and gestures are important.
Deaf or Hard of Hearing continued… Ask the person how he or she prefers to communicate (sign language, gesturing, writing, or speaking). Advise the person if you are having trouble understanding him or her. Face the person when talking. Speak clearly. Avoid gum chewing or obscuring your mouth with your hand. Use your normal tone of voice and volume. Use pen/paper, texting, or email as alternative communication method. In groups, request that people speak one at a time.
Deaf or Hard of Hearing People who are deaf May use American Sign Language Different language with its own syntax Speech (lip) reading is not an effective method to communicate Only 30% of speech is discernible by lips. People who are hard of hearing Varying ranges of hearing loss Assistance Amplification devices Assistive listening systems
American Sign Language Not direct translation of all English words /may not understand what someone writes ASL is a visual language and facial expressions are very important. Most ASL speakers make eye contact and watch the expressions on each other's faces when talking; they don't concentrate solely on the hand signs. Interpreter must be paid for and provided by the Title II or Title III entity (doctors, dentists, courts, police department) Family or friends cannot interpret (unless emergency) May also need Certified Deaf Interpreter
Physical Access—ADA Requires physical access in places of public accommodation and state and local government buildings. Effective date – January 26, 1992. Scoping is contained in ADA Standards for Accessible Design (2010)
ADA - New Construction v. Barrier Removal New construction or alterations Comply with scoping requirements in Standards Built before ADA went into effect and no alterations Title III (public accommodations) Make accessible to the extent readily achievable (barrier removal) Readily achievable means without much difficulty or expense Title II (state and local government) Program access Relocate program or service or provide by some other means
Environmental Barriers Act Illinois law that governs physical access for people with disabilities. Its implementing regulation, the Illinois Accessibility Code (IAC), dictates the minimum requirements for accessibility to public and private facilities located in Illinois. Applies to new construction, additions, and alterations. Went into effect May 1, 1988
Illinois vs. Federal IAC covers: Private facilities Religious entities Housing State/local government IAC has no private right of action More stringent requirements: Elevators Parking Entrance door weight
When are Accessible Spaces Required? Employee or Visitor Parking Lots Apartment or Housing Complex Lots Visitor/Employee Parking Tenant Only Parking Reasonable Accommodation Space Illinois Human Rights Act Federal Fair Housing Act On-Street Parking No requirement in the Illinois Accessibility Code. Possible requirement under IDOT regulations. Program and/or service request under Title II.
Number of Accessible Spaces Required TOTAL OFF STREET SPACES PROVIDED NUMBER OF ACCESSIBLE PARKING SPACES REQUIRED 1 TO 251 26 TO 502 51 TO 753 76 TO 1004 101 TO 1505 151 TO 2006 201 TO 3007 301 TO 4008 401 TO 5009 501 – 1,0002% OF TOTAL # OVER 1,00020 PLUS 1 FOR EACH 100 OVER 1,000
Striping, Size, and Markings An accessible parking space must be a total of 16-feet wide. A space may consist of an 8- foot wide vehicle space and an 8-foot wide diagonally striped access aisle; or A space may consist of an 11- foot wide vehicle space and a 5-foot wide diagonally striped access aisle.
Accessible Parking Signs Accessible Space Must be Designated by an R7-8 Sign Reserved Parking International Symbol of Accessibility Arrow is optional R7-I101 Fine Sign Minimum $250 Fine A municipality by ordinance can set a higher fine amount up to $350.
Parking Signs (continued) Sign location Maximum 5 foot from the front of the accessible parking space. Mount on a wall or post at the front center of the parking space Sign height Minimum 5 foot from finished grade to the bottom of the R7-8 sign.
Enforcement Report vehicles illegally parked in an accessible space to local law enforcement so they may issue a ticket. In 1985, the Attorney General issued an opinion letter stating that law enforcement officers may enter upon private property to enforce the accessible parking provisions of the Illinois Vehicle Code. Obstruction of parking places for persons with disabilities. 625 ILCS 5/11-1301.8 Keep space clear of obstructions, snow, ice Volunteer ticketing program
Emergency Preparedness for People with Disabilities Planning/Preparation Involve people with disabilities and organizations that serve the disability community. Notification TTY, door to door contact, email, text messaging Evacuation Transportation Shelters Communication
Abuse, Neglect and Financial Exploitation People with disabilities are at least two times more likely to be victims of crime. People with developmental disabilities are particularly vulnerable to being victimized. Common types of abuse: Physical abuse Sexual abuse Isolation Financial exploitation
Abuse, Neglect and Financial Exploitation Common indicators of abuse: Caregiver does not allow visitors. Health problems that aren’t being treated. Person in a position of trust is using the person with disabilities’ money for themselves. Report abuse or neglect if living in a domestic setting Ages 60 or over Ages 18-59 with disabilities Adult Protective Services – (866) 800-1409 Report abuse, neglect, or financial exploitation in a group home, day, or residential program or state operated mental health facility Office of Inspector General (DHS) (800) 368-1463
Abuse, Neglect and Financial Exploitation Other agencies: Nursing home: Dept. of Public Health – (800) 252-4343 Under age 18: DCFS (800) 252 – 2873
Other Helpful Bureaus at AG’s Office Civil Rights Consumer Fraud Senior Citizens Consumer Fraud Hotline. 1-800-243-5377 or 1-800-964-3013 (TTY) Charitable Trusts Healthcare Military and Veterans Rights Crime Victims Compensation
Resources Department of Justice www.ada.gov 800-514-0301 Great Lakes ADA Center http://www.adagreatlakes.org/ 800-949-4232 Centers for Independent Living www.incil.org 800-587-1227 Deaf and Hard of Hearing Commission http://www2.illinois.gov/idhhc 877-455-3323
Office of the Attorney General Disability Rights Bureau James R. Thompson Center 100 W. Randolph, 11 th Floor Chicago, Illinois 60601 312/814-5684 (v) 800/964-3013 (tty) firstname.lastname@example.org www.illinoisattorneygeneral.gov