Independent Living

Integration into the community remains an elusive goal for thousands of people in Ohio who are unduly segregated in institutions. For many, a private facility becomes a prison, with only nursing services, and little or no opportunity for social interaction with people who do not have disabilities. Ohio has no comprehensive plan for remedying this situation. Additionally, Ohio has not taken steps to develop sufficient affordable, accessible housing. At the same time, those in institutions continue to suffer abuse, neglect, and exploitation, and community systems to address these issues are either weak or in need of constant monitoring. Disability Rights Ohio will work to ensure that people with disabilities live in the most integrated setting appropriate to their needs, and can do so free from abuse, neglect, or exploitation.

Elimination of undue segregation in state-run facilities and private ICFs and nursing homes remains a pressing issue for those with disabilities who live there. The institutional bias of Medicaid, along with the political power of the long term care industry and public employee unions, have prevented meaningful discussion on this issue, notwithstanding the strong efforts of the Olmstead Task Force and other advocates.

In FY 2013, Disability Rights Ohio will:

• continue structured, time limited, negotiation and, if necessary, initiate litigation to eliminate barriers in the state's mental health system that force people diagnosed as having a mental illness or a traumatic brain injury to be detained in secure "behavioral units" at nursing facilities rather than residing in an integrated setting.
• represent people with disabilities in institutions who have been improperly denied integrated community services that are appropriate to their needs.
• evaluate barriers to integrated community supports for individuals with developmental disabilities, and develop strategies to eliminate undue segregation in DCs and private ICFs.
• represent people with disabilities who are at imminent risk of institutionalization because of a denial of home and community based services
• provide short term assistance to promote self-advocacy in the area of eliminating undue segregation.

Housing, and the lack of affordable, safe, and accessible homes is a major barrier to people with disabilities living fully integrated lives in their communities. Universal design and "visitability" initiatives hold great promise for expanding the available housing stock to people with disabilities. At the same time, congregate housing is not a solution to these issues, and risks becoming the new institutions.

In FY 2013, Disability Rights Ohio will:

• continue its efforts to support the development of scattered site homes for people with disabilities by representing individuals and supporting developers who are denied necessary zoning or permits where the denials violate federal and state fair housing laws.
• represent individuals who experience discrimination in housing, including access to reasonable modifications or accommodations, and especially where it creates a risk of institutionalization or homelessness for the person.
• provide short term assistance to promote self-advocacy in the area of housing.

Abuse, neglect and exploitation are far too common in the lives of Ohioans with disabilities. Often isolated from anyone but paid staff in either an institution or the community, people with disabilities suffer abuse in disproportionate numbers. Financial exploitation is little monitored, and often occurs in tandem with physical abuse.

In FY 2013, Disability Rights Ohio will:

• investigate and resolve complaints and other reports of abuse, neglect or exploitation, especially

1. abuse or neglect that results from restraint or seclusion,
2. excessive use of force, especially in clinical settings,
3. facilities serving children where data indicates increased use of restraint,
4. restraint or seclusion of children in educational settings, and
5. failure to integrate principles of trauma informed care.

• issue a report on incident reporting at facilities for children, and conduct follow-up on the ground investigations to develop data and recommendations to eliminate the barriers to effective reporting.
• evaluate and if necessary modify the existing protocol on death investigations; develop information on patterns related to specific providers; and investigate deaths where there is cause to believe that abuse or significant neglect caused the death.
• monitor institutional conditions at select state developmental centers and hospitals, and report on patterns of abuse, neglect, or rights violations.
• within available funding resources, investigate and resolve complaints related to beneficiaries of Social Security who are abused, neglected, or exploited by their representative payee.
• obtain data on children receiving or in need of mental health services residing at residential facilities licensed by agencies other than the Department of Mental Health, and use the data and investigation of facilities to develop a strategy to ensure that the children are not being neglected, for example lack of appropriate mental health treatment, or abused, for example, inappropriate and harmful use of restraint, including chemical restraint, to manage behavior.
• continue to represent the plaintiff class in Shreve v. Franklin County to end the abusive use of force with TASERs against inmates with disabilities in Franklin County correctional centers through monitoring of comprehensive settlement agreement in coordination with the United States Department of Justice, and pursuit of related individual damages claims.
• continue systemic advocacy with state and local educational officials to obtain necessary regulation of use by educational officials of restraint and seclusion of children in educational settings through the pursuit of multiple strategies including engaging media and representing individuals who have experienced restraint or seclusion.
• Monitor and advocate for implementation of the Governor's Executive Order on elimination of prone restraint in 14 state departments.
• represent people with disabilities where facility policies, patterns, or practices create a threat of loss of life or significant risks to their health and safety.
• provide short-term assistance to promote self-advocacy in the area of abuse and neglect.

Probate court proceedings, including civil commitment and guardianship, cause significant interference with the right of the person with a disability to make choices that enhance their independence. Guardianship in Ohio has many characteristics that treat the person with a disability as property to be protected, rather than a citizen with full rights, and is seen as a private matter between two parties. Unregulated public guardianship agencies have grown throughout the state, leading to disparate practices in different regions and counties. Access to qualified counsel in both guardianship and involuntary commitment, a constitutional right, is sporadic and unmonitored.

In FY 2013, Disability Rights Ohio will:

• provide assistance with self-advocacy for people with disabilities who are subject to initial guardianship applications to ensure that they are represented by qualified counsel in the hearing process, and represent in those cases where significant legal interests are implicated by the application.
• collaborate with other disability and elder advocates to strengthen procedural protections for those alleged to be incompetent, and to protect significant legal interests after a guardian is appointed.
• represent people with disabilities who are subject to a guardianship when significant liberty interests are at stake, including interference with personal relationships, faith and other matters of conscience, and other personal liberty issues.
• evaluate and develop strategies to address procedural deficiencies in Ohio's involuntary commitment scheme, including adequacy of counsel, by providing direct and appellate representation where appropriate, and through collaboration with advocacy groups to develop policy changes.
• evaluate newly enacted law that allows private petitions for court ordered involuntary treatment and detention of people with addiction related disabilities and collaborate with service providers and court officials to ensure that the law is implemented in conformance with the U.S. and Ohio Constitutions, including adequacy of representation by appointed counsel.
• provide short-term assistance to promote self-advocacy in the area of probate court proceedings.

Return to Priority Categories