Getting Out The VoteMissouri Protection & Advocacy’s

Voter Outreach

On November 4, 2008, citizens across the United States voted for a new president in record numbers.

Missouri Protection and Advocacy Services (MO P&A) worked hard, using several tactics in its effort to make sure that people with disabilities were well-represented at the state’s polling places on election day.

MO P&A distributed more than 100,000 Vote At Home brochures as part of its efforts.

The Vote At Home brochure was published by MO P&A in an effort to make voting easy for people with disabilities. The brochure explains how to register to vote and sign up for the Permanently Disabled Absentee Voting List. The Permanently Disabled Absentee Voting List allows the voter to choose whether they would like to go to the polls or vote from home each election.

MO P&A’s advocates began distribution of the Vote At Home brochure by visiting as many election authorities as they could, traveling to the counties near their offices and talking directly with election workers.

“We explained to each county clerk’s office that we wanted to assist them with the Vote At Home effort, and provided brochures and stands they could use to display them for the disability community,” explained Sandy Barbour, one of MO P&A’s advocates responsible for distributing the brochures.

Voter Outreach continued on p.5

ALLIANCE Volume 1, Issue 3

In This Issue:Changes to MO P&A’s Investigation Unit..........................................2Success in Challenging Guardianship.................................................3Legislative Update...............................................................................4Get Out The Vote.................................................................................5New Staff; Board Members Re-elected; “Thank You, MO P&A!”...6Developmental Disabilities Network; Calendar.................................7

The Guardianship Project, which seeks to aid individuals with developmental disabilities in their pursuit of self-determination, advanced beyond its planning stage as representatives from Missouri Protection and Advocacy Services (MO P&A), the UMKC Institute on Human Development (IHD), and Missouri People First met in Kansas City recently. The organizations took responsibility for specific duties related to the running of the Project, and determined how to begin working towards the goals outlined in the Project’s plan.

Guardianship Project continued on p.2

Guardianship Project Begins

Board of Directors

Patricia A. Flood, J.D.Chairperson

St. Louis

Cathy EnfieldVice-Chairperson

Independence

Michele OhmesSecretary/Treasurer

Kansas City

Ethel R. WessonKansas City

Sakina S. Drummond, Ph.D.Cape Girardeau

Larry OpinskyChesterfield

Katheryne Staeger-WilsonMSW, LCSW

Springfield

PAIMI Advisory Council

Ethel R. WessonChairpersonKansas City

Barbara H. FrenchVice-Chairperson

Beulah

Patricia A. Flood, J.D.St. Louis

Rev. Karlous Kalu, MSWKansas City

Sonya MessengerWillard

May Holland, MSWGrandview

Mary CrutchfieldMoberly

Missouri Protection & Advocacy Services

Staff Attorney Lisa Sutherland

Page 2 Volume 1, Issue 3 Alliance

Guardianship Project, from p.1

MO P&A Executive Director, Shawn de Loyola, facilitated discussion between Missouri Protection and Advocacy Services’ Guardianship Project Coordinator, Lisa Sutherland, and IHD’s new Guardianship Project expert, Vim Horn.

Elizabeth Moran, Attorney with the Law Office of Stephen J. Moore, started working with IHD to write the Guardianship Project’s training materials.

“After attending the trainings, individuals will have information regarding alternatives when contemplating guardianship, information to proceed with limiting or eliminating a current guardianship, and be more comfortable with the legal process,” Lisa Sutherland said.

Eastern, Western, and Mid-Missouri will each have a MO P&A attorney, advocate, and IHD staff person whose purpose is to lead the Re-determining Guardianship Status trainings. These trainings will share information with people who have developmental disabilities, their families, and guardians. This information can be used to minimize restrictive arrangements, or help those whose rights have been limited by guardianship in finding ways to dismantle

that guardianship and maximize their liberties. On October 28, 2008, the curriculum

for the trainings was revealed to MO P&A employees at the organization’s in-service training. The entire agency will be working together on the Guardianship Project.

To coincide with the transition from planning to action, MO P&A arranged for Dohn Hoyle, Executive Director of The Arc Michigan, to speak on the necessity of re-evaluating the common use of guardianship. Author of the book Rethinking Guardianship,

Hoyle advocates for the right of people with disabilities to exercise their independence.

Since the Guardianship Project was initiated in June 2008, twenty-two (22) individuals have entered into the program. Two legal cases have already yielded positive results, restoring the right to vote for two individuals who wanted to participate in this year’s presidential election.

Re-determining Guardianship Status trainings are scheduled to begin in the first few months of 2009.

More information regarding the Guardianship Project will soon be released, online and within the new MO P&A newsletter, The Guardian.

Erica Stephens, Staff Attorney, assisted in the creation of the IMU and served as the head of the unit until September 1, 2008.

“During the last four years, the IMU has made great strides to address abuse and neglect of individuals with disabilities, and improve its relationship with state departments that investigate abuse and neglect,” said Stephens.

In 2006, the St. Louis Post-Dispatch reported the deaths of two individuals at Northwest Habilitation Center in St. Louis. As a result of those deaths, the Missouri Department of Mental Health Commission held public hearings around the state to hear comments about issues of abuse and neglect affecting the consumers of mental health services in the state of Missouri.

MO P&A responded to the call for testimony by providing comments regarding the oversight of investigations at DMH by the General Counsel’s office and the need for a good working relationship between DMH and MO P&A. MO P&A provided similar testimony to the

Investigation Unit continued on p.7

The Investigation Unit at Missouri Protection and Advocacy Services was relocated to MO P&A’s St. Louis office on September 1, 2008. The Unit was previously housed in MO P&A’s Jefferson City office. The Investigation and Monitoring Unit (IMU) was established by Missouri Protection and Advocacy Services in 2004.

“The purpose of the Project is to empower individuals to

make informed guardianship decisions”

- Lisa Sutherland

Changes to Missouri Protection & Advocacy Services’ Investigation Unit

Staff Attorney Erica Stephens

Page 3 Volume 1, Issue 3 Alliance

Success in Challenging Guardianship

Sebastian Go had his right to vote restored by Judge Jon Cunningham of the St. Charles County Circuit Court. Go was a client of Missouri Protection and Advocacy Services (MO P&A), and received services under the PADD Guardianship Project grant.

Go is 18 years old and a resident of St. Charles County, Missouri. Through his MO P&A attorney, Susan Bartlett, Go petitioned the Court with a request that his guardianship status be reviewed. His goal was to be restored to partial capacity, and gain his right to vote. Evidence of his capacity to vote was provided by his guardian and physician. His guardian wrote to the court, and his physician testified that Go has the capability of forming rational political opinions. Both supported Sebastian’s effort to safeguard his voting privilege.

On July 7, 2008, Judge Cunningham ruled in Go’s favor, finding that Sebastian has the capacity to vote, and is competent to vote. On July 23, 2008, Go received limited guardianship, and his rights were restored.

Sebastian Go voted in the August 5, 2008 primary election. He stated proudly, “It felt good to vote. I got a ‘I Voted’ sticker, which I put on my wall.” Happy to have won what he fought for, Go recommended others take part in MO P&A’s Guardianship Project. “People say justice is blind, I say it is broken,” he stated.

Sebastian’s guardian, Linda Clarke, is also very proud of Sebastian and what he has accomplished. “He is a good advocate for himself and others,” added Clarke. She proudly showed many newsletter articles that have also been written about Sebastian and his fight to regain his right to vote.

Interested readers are encouraged to read the New York Times issued June 19, 2007; the O’Fallon Journal Volume 42, Number 96 issued August 12, 2007; and the St. Charles Journal issued August 6, 2008. Sebastian was also interviewed by Charles Jaco of Channel 2 KTVI News and is featured on a web site at www.soc-mo.org.

Sebastian was nominated for the Mental Health Champion of 2008.

Sebastian Go

Guardianships can restrict the rights of individuals in many ways. A guardianship can limit your right to:

decide on living arrangements• arrange for medical care• manage money and property• vote in elections• authorize the release of records• obtain a driver’s license• marry or divorce•

If you have a developmental disability and want to restore your rights, call Missouri Protection & Advocacy Services at 1-800-392-8667.

What Are Your RightsUnder Guardianship?

Page 4 Volume 1, Issue 3 Alliance

Federal LegislationBill Restoring ADA Protections Becomes Law!

DMH 2008 Safety Report Released

President George W. Bush recently signed a bill which was passed by Congress in September 2008. The bill will restore the protections of the Americans with Disabilities Act of 1990 (ADA) that have been limited by court decisions. The purpose of the bill is to specifically reject certain United States Supreme Court decisions that have significantly limited the intended coverage of the ADA.

The definition of an individual with a disability under the ADA is a person who: 1) has a physical or mental impairment that substantially limits one or more major life activities; 2) has a record of such an impairment; or 3) is regarded as having such an impairment. The new bill amends the definition of “disability” by specifically defining “major life activities” and “being regarded as having such an impairment.”

The bill further provides rules on how the definition of disability is to be interpreted by courts. The bill requires, in part, the term disability to be construed in favor of broad coverage of individuals under the ADA.

The House passed its version, H.R. 3195, on June 25, 2008. The Senate introduced its version of the bill, S. 3406, July 31, 2008. The bill was unanimously passed by the Senate on September 11, 2008.

The differences between the two bills were quickly reconciled by Congress, and President Bush signed the final bill into law on September 25, 2008.

The preceding, and further information, on these bills can be found at http://thomas.loc.gov.

The Missouri Department of Mental Health (DMH) released its Annual Safety Report on June 30, 2008. The report outlines the progress the DMH has made in applying the recommendations of the Governor’s Mental Health Task Force. The Task Force made 25 recommendations in its 2006 report to address abuse and neglect of individuals receiving services from the DMH. To date, the DMH has implemented 15 of the recommendations. This year the following recommendations were addressed:

Establishing formal arrangements between the 1. telephone hotlines of the Department of Health and Senior Services and the Department of Social Services.

Creating a data tracking system within the Department 2. of Mental Health in regard to data of abuse, neglect, and safety.

Changing the process of background checks to include 3. a determination if a potential employee is involved in a pending investigation of abuse or neglect.

Allowing the public to access non-confidential 4. information in final substantiated investigation reports.

Review and revision of the Memorandum of 5. Understanding with Missouri Protection and Advocacy Services.

The Mental Health Task Force was established in 2006 to address abuse and neglect in DMH facilities and the community. The Task Force was the direct result of two deaths that occurred at Northwest Habilitation Center in St. Louis and a subsequent series of articles in the St. Louis Post-Dispatch.

The above and further information regarding this topic can be found at http://governor.mo.gov/index.htm andhttp://dmh.missouri.gov/spectopics/SafetyReport08.pdf.

The Legislative Update

Page 5 Volume 1, Issue 3 Alliance

Voter Outreach, from p.1

Many of the Vote At Home brochures were distributed to Missouri’s nursing homes and assisted living centers. MO P&A made sure to reach out to the smaller facilities first, which are often overlooked by other voter outreach organizations.

Also helpful in distributing the Vote At Home brochure were many of the Centers for Independent Living throughout the state.

“Voting is one way in which people can advocate for themselves, and anyone interested in the rights of people with disabilities is quick to help register members of the disability community to vote,” states MO P&A advocate Doug Rueff.

MO P&A also created a special edition of the Alliance newsletter, PAVA: Protection and Advocacy for Voting Accessibility. The PAVA newsletter contains information on registering to vote, voting absentee, and one’s rights at the polls. Recently registered voters across the state received the newsletter.

Work for the November 4, 2008, election only intensified as the day neared. MO P&A worked with the Missouri Disability Vote Project in training election day poll watchers. The poll watcher volunteers helped protect the voting rights of those at the polls by observing election workers and aidng voters who have questions.

On election day, MO P&A also protected voters’ rights by helping work the 1-866-OUR-VOTE hotline.

“MO P&A has done a lot of work to make this election inclusive,” says Lisa Donelon, MO P&A’s Protection and Advocacy for Voting Accessibility coordinator. Lisa says that a strong showing by voters with disabilities encourages those elected to recognize the needs of the disability community.

For more information regarding voting and MO P&A’s efforts, visit www.movoteathome.org online.

Show-Me the Vote!Missouri residents have cast their ballots and

elected, or re-elected, representatives to many important state office positions.

The importance of voting was well-illustrated this election. A full week after the close of the polls, it had not yet been determined whether most Missourians voted for John McCain or Barack Obama. The Secretary of State’s Office has only just reported that McCain won Missouri, with less than 5,000 votes (0.1%) more than Obama.

The results for Missouri’s statewide races:

þ U.S. President and Vice President

John McCain, Sarah Palin Republican 49.4%Barack Obama, Joe Biden Democrat 49.3%

þ Governor

Kenny Hulshof Republican 39.5%Jeremiah (Jay) Nixon Democrat 58.4%

þ Lieutenant Governor

Peter Kinder Republican 49.9%Sam Page Democrat 47.3%

þ Secretary of State

Mitchell (Mitch) Hubbard Republican 35.6%Robin Carnahan Democrat 61.8%

þ State Treasurer

Brad Lager Republican 47.2%Clint Zweifel Democrat 50.5%

þ Attorney General

Mike Gibbons Republican 47.2%Chris Koster Democrat 52.8%

More election results can be found at www.sos.mo.gov/enrweb/ online.

Page 6 Volume 1, Issue 3 Alliance

Board Members Re-elected

MO P&A Welcomes Three New Members

Missouri Protection and Advocacy Services has hired three new Advocacy Specialists: Charles Thompson, Kathryn Koch, and Lisa Haglund.

Charles Thompson, who uses the name “Chuck”, began work with MO P&A in mid-August. Chuck works in the Client Assistance Program at the Kansas City office.

Chuck graduated from Westminster University with a degree in philosophy and political science. While attending college, he participated in the community service programs of the Delta Tau Delta fraternity, and worked for a number of organizations that assist people with disabilities.

“My goal is to help others challenge their assumptions, so that they don’t miss out on the opportunity to know and befriend some of the best people I have ever met,” said Chuck.

Kate Koch also started working with MO P&A in August. Kate works in the St. Louis office of MO P&A.

Kate has worked in the field of disability for more than 10 years, and has completed social work internships at the St. Louis Society for the Blind and Visually Impaired and in the Psychiatric Department at Barnes-Jewish Hospital.

Kate says she is excited to join MO P&A and begin working for the rights of people with disabilities in a new way.

In September, Lisa Haglund started working in MO P&A’s Jefferson City office.

Lisa graduated from Columbia College with a Bachelors in Social Work.

“I have worked with people in the field of mental health before, and while working for MO P&A I hope to use what I learned from that experience to advocate for others with disabilities,” said Lisa.

On September 26, 2008, Missouri Protection and Advocacy Services’ Board of Directors re-elected Vice-Chair Cathy Enfield and board member Katheryne Staeger-Wilson to the board.

Also at that meeting, board member Michelle Ohmes was unanimously elected to the position of Secretary/Treasurer.

The board bid farewell to three long-time members, Elizabeth Moore, Cynthia Keele, and Ethel Campbell. They were active board members since 2002, and certainly contributed to the success of MO P&A in the last six years.

MO P&A would like to thank all those who have been members of the board, and wish them a future as bright as that which they helped create for MO P&A.

“Thank You, MO P&A!”

Shicagolyn Scroggins, a resident of Kansas City, Missouri, thinks highly of Advocacy Specialist Doug Rueff.

“The help I received was phenomenal,” Scroggins said, “Mr Rueff handled things so quickly with Voc. Rehab. that it had my head spinning. Thank you so much!”

Scroggins had applied for services with Vocational Rehabilitation (VR), and contacted MO P&A when she did not hear back from the agency in over two months.

Doug Rueff was assigned Scroggins’ case. Doug found that Shicagolyn’s counselor had quit working with VR and that her case seemed to be forgotten in the reorganizing process.

Within two weeks of Doug taking Shicagolyn’s case, Shicagolyn had a meeting scheduled with a new counselor.

Vice-Chair Cathy Enfield and father, Richard Enfield

Left to right: Chuck Thompson, Kate Koch, Lisa Haglund

Page 7 Volume 1, Issue 3 Alliance

After a busy year, few conferences remain for Missouri’s Developmental Disabilities Network.

In 2008, the DD Network took its booth to over twenty (20) different conferences and several advocacy events across the state of Missouri. Members of the Network reached out to thousands of professionals, families, and people with disabilities, raising awareness about disability issues, and ways to promote fair and just treatment of everyone.

“We were able to visit with people who don’t usually know about our services, and answer many different questions people had,” said DD Program Specialist Charles Nickolaus.

Charles works for the Missouri Planning Council on Developmental Disabilities, one of the three groups included in the DD Network. Also in the DD Network are the UMKC Institute on Human Development, represented by Jenny Hatfield-Callen, and MO P&A, represented by Colan Holmes.

Charles added: “Attending this year’s conferences provided us with new opportunities, and I look forward to being there at next year’s conferences.”

The DD Network will be at the conferenceslisted in the Calendar of Events!

DD Network Finishes a Year of ConferencesInvestigation Unit, from p.2

Governor’s Mental Health Task Force. Both the Mental Health Commission and the Governor’s Mental Health Task Force recommended the removal of the General Counsel’s oversight of investigations, and the need for a relationship with MO P&A.

“The relationship between the investigation unit at DMH and the IMU improved during the last four years. MO P&A often communicates with DMH when they can help us prevent abuse or neglect of individuals with disabilities,” Stephens explains.

Susan Bartlett, Staff Attorney, became the head of the Investigation Unit at MO P&A on September 1, 2008.

“I look forward to heading up MO P&A’s Investigation Unit, and will work to ensure the Investigation Unit will continue to commit itself to addressing the abuse and neglect of Missouri’s individuals with disabilities,” Bartlett said.

Finally, during the last four years, investigators for MO P&A have received increased training. The investigators have attended trainings regarding death investigations and writing investigation reports at the Law Enforcement Training Institute at the University of Missouri-Columbia. Investigators also attended the Missouri State Investigators Association Annual Conference in May 2008.

The MO P&A investigators who attended the conference are now members of the Missouri State Investigators Association.

- Calendar of Events -

Date Event Location Contact

Jan. 27, 2009 Child Advocacy Day The Capitol Building,Jefferson City

(877) 296-2852

March 7, 2009 Family Educational Conference(Down Syndrome Assoc.)

St. Louis (314) 961-2504

March 13-15, 2009 Council for Exceptional Children

Lodge of Four Seasons,Lake Ozark

(573) 265-9211

April 27-28, 2009 Power Up 2009 Holiday Inn Select,Columbia

(816) 373-5193

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Missouri Protection & Advocacy ServicesPrimary Business Address925 South Country Club DriveJefferson City, Missouri 65109

Phone: 573-893-3333Toll Free: 866-777-7199Application Unit: 800-392-8667Fax: 573-893-4231E-mail: mopasjc@earthlink.net

The mission of Missouri Protection and Advocacy Services is to protect therights of individuals with disabilities by providing advocacy and legal services.

www.moadvocacy.org

Publication Information:Alliance is published by MissouriProtection and Advocacy Services,925 South Country Club Drive Jefferson City, MO 65109

Colan Holmes,Public Relations

Mary Heckman,Editor

Opinions expressed in these articles are those of the writers and do not necessarily express the opinions or positions of Missouri Protection and Advocacy Services. Alliance is made possible by several grants from the Social Security Administration, the Department of Education, and the Department of Health and Human Services.

NON PROFIT ORGUS POSTAGE

PAIDJEFFERSON CITY MO

65101PERMIT NO 58

What is in this copy of Alliance?Information on voters’ rights• Articles concerning guardianship and the Guardianship Project• News regarding investigations of abuse and neglect• An update on legislation affecting people with disabilities•

and stories on the abilities of individuals with disabilities!

Read the Alliance online at www.moadvocacy.org/News.asp