A Passing Grade for DDS

I shared my written testimony with the Council yesterday, text below.  You have until tomorrow to do the same -

Testimony by Carol A. Grigsby

D.C. Council Human Services Committee

Performance Review of Department on Disability Services

February 2018

Councilmember Nadeau and other members of the Human Services Committee –

My name is Carol Grigsby.  I serve on the D.C. State Council on Developmental Disabilities as well as on the board of the Quality Trust for Individuals with Disabilities, and I blog regularly on issues affecting D.C. citizens with developmental disabilities at https://DDinWDC.blogspot.com.  My son receives waiver supports in D.C., is active in Project Action!, and, I hope, will someday soon be willing to testify before you himself.

I would first like to thank, and congratulate, the committee and the council for having given unanimous support to B22-0154, the Disability Services Reform Amendment Act.  This reform was long overdue, and along with closure of the Evans case, the lifting of the requirement for civil commitment demonstrates that the Department on Disability Services no longer requires court oversight in order to do the right thing for persons with developmental disabilities.  It is now incumbent on DDS and those of us who advise and advocate alongside the agency to ensure that people such as my son receive the right level and type of support from those who care for them, and also have solid recourse when, for whatever reason, the quality of their services goes awry.  I look forward to working with others to see that this is the case.

As I have said in earlier testimony, I fully support the establishment under this bill of Supported Decision Making agreements as a new and less restrictive alternative to guardianship.  However, the availability of SDM agreements must not become grounds to deny those who wish to do so the right to sign powers of attorney, as you or I can.  As Andy Reese stated in his testimony, “People with disabilities can make their own decisions and they have an inherent human right to do so.” This should include the decision to conclude powers of attorney.

With respect to the recent realignment of the Department on Disability Services, I understand and fundamentally support the director’s aim of streamlining and consolidating DDA and RSA shared services.  However, in doing research for my blog I heard a number of concerns that will deserve careful attention in the months to come:

-          The exit of a number of experienced individuals, particularly though not exclusively from the incident management unit (some also noted that the exit of qualified women from influential positions appears to be a step away from diversity)

-          The consolidation of the DDS intake unit under the RSA deputy director rather than centrally under the DDS director or reporting to the DDA deputy (unusual given that determining waiver eligibility is a more time-consuming and complex process than is eligibility for vocational rehabilitation services)

-          The need to recruit promptly for the DDA and Quality Performance Management deputy director positions (as was noted in the hearing as well) in order to ensure stability and leadership at the highest levels of the organization.

I hope that the council will keep close watch on these and other aspects of the realignment to ensure it achieves its desired goals without creating others.

In my testimony last year I wrote at length about the progress that DDS still needs to make in assisting people to achieve competitive employment.  This remains a challenge, as my son’s experience over the past year has continued to demonstrate.  DDS is moving in the right direction and showing incremental progress, but much more rapid movement is needed in identifying partnerships, incentives and other creative and customized approaches to expand employment opportunities for people with developmental disabilities in D.C. – including part-time opportunities where appropriate. There is still much to do in order to make other parts of the D.C. government join in this effort.  My son is already 25, and for him time is slipping away to get a foothold in the world of work.

Thank you for your attention to my testimony, and for the committee’s conscientious oversight of DDS performance as we head into the budget season.

Follow-through is Everything, Not Just in the Olympics!

The Valentine’s Day hearing before the Human Services Committee on performance by the D.C. Office on Disability Rights and the Department on Disability Services over the past year took place as scheduled, and you can see it here in full:  http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=4349.    The DDS review was dominated by the recent passage of bill B22-0154, and self-advocates in particular turned out to express thanks to the council for its passage of the Disability Services Reform Amendment Act. There also was plenty of discussion about implementing the bill, in particular with respect to the grievance process it establishes, and DDS announced it would be working on this with the advisory group that helped with the recently-approved state transition plan and waiver amendments.  DDS also will be launching, along with advocacy organizations, a process of education and outreach so people will be aware of new rights and procedures under the bill.  DDS director Andy Reese’s testimony addressing this and other subjects, including the recent management reorganization, is here

https://drive.google.com/open?id=1TE-Z20Fp7Xjpem3UjrIoZKK7X0veX0oN

and can also be viewed in the last 45 minutes of the video, along with Q and A.  Here too is the testimony of Morgan Whitlatch from the Quality Trust for Individuals with Disabilities:

https://drive.google.com/open?id=1vBSP1QlgRjKY41g52fkvaI8b4KWxFcVg.

Another topic which received attention in the hearing was the impact of broader D.C. workforce initiatives on the financial sustainability of human services agencies.  These are the folks who hire the Direct Support Professionals providing support to D.C. citizens with disabilities, so the financial viability and livelihoods of these organizations and people are essential.  Ian Paregol, director of the DC Coalition of Disability Service Providers (http://dc-coalition.org/2016/02/19/welcome) gave an excellent overview of the issues (https://tinyurl.com/y8wg5qt3), as did follow-up testimony by RCM (https://tinyurl.com/ya6v8yyu) and NCC (https://tinyurl.com/yaaw6n33), two of the Coalition’s member organizations.  Nadeau announced that the council is setting up a working group to address these and other workforce issues, which also affect care for seniors in D.C.

After reading this post, if you’re inspired to express yourself, the deadline for submitting written testimony to the committee (humanservices@dccouncil.us) is February 28, a week from today.  Keep it short if you want, but let the council know there are folks who care about these issues as they prepare to consider the mayor’s budget for fiscal year 2019 later this spring.

Councilmember Nadeau at Project Action!

I mentioned in my last post that the chair of the council's Human Services Committee, Councilmember Nadeau (Ward 1), attended the Project Action! meeting on February 10.  Here's the proof!

Let's Keep It Moving

Today it’s time for some updates because there’s such a lot happening.

The Project Action! (https://www.dcqualitytrust.org/families/join-project-action) meeting on Saturday was a great celebration, as I’d expected.  Self-advocates and others really had put their shoulders to the wheel to get B22-0154 through the council, and the unanimous vote was an amazing accomplishment.  What made Saturday’s meeting even more special, though, was that Ward 1 council member Brianne Nadeau, who chairs the Human Services Committee, showed up with her baby daughter to celebrate along with us and to hear from Project Action! members about other concerns they have moving forward.  With respect to the bill itself, we were also reminded – as if we could forget! – that the U.S. Congress has to get its 30-day review of OUR law before the mayor can sign it.

Next up:  Tomorrow, Valentine’s Day, February 14, will be the performance review of the Department on Disability Services (also for the Office on Disability Rights) before the Nadeau committee.  It starts at 10:00, in room 500 of the Wilson Building at 1350 Pennsylvania Avenue NW.  This year I won’t be testifying in person but I do plan to attend so I can hear what others are saying, in particular about the DDS reorganization.  The committee hearings are always available to watch live or on archived video afterward (http://dccouncil.us/committees), and it’s still possible to submit testimony for a few days after the hearing has taken place.  So keep your eye on this space and I’ll let you know how long you’ve got to submit your written testimony!  Sometime in April the committee will have another hearing to consider the mayor’s budget for DDS.

Another big item on Saturday’s agenda was bill H.R. 620, which aims to weaken the Americans with Disabilities Act and will be considered by the U.S. House of Representatives this week:

http://www.autism-society.org/news/action-alert-tell-congress-protect-americans-disabilities-act/

Particularly for those of my readers who have a voting representative in the U.S. House, CONTACT YOUR REPRESENTATIVE AND TELL THEM TO VOTE NO ON H.R. 360!  Do it for all U.S. citizens with disabilities, including those in D.C.!

Looking ahead, March 9 is the next meeting of D.C.’s Supporting Families Community of Practice (https://dds.dc.gov/event/state-team-meeting-supporting-families-community-practice-friday-march-9-2018).  You’ll remember that there were two briefings last year about ABLE accounts, one on ABLE in general and another about the newly-created D.C. ABLE account.  I wrote about these in my September 18 blog post, “News, News, News,” and then on October 17 in “Thinking About ABLE,” both of which you can find by clicking on “ABLE” in the Search box over to the right.  It was clear from those meetings that it would help to have some more general briefings on budget basics and responsible money management, so the upcoming meeting will focus on that.  I know that Emily Price (emily.price@dc.gov) will make sure there is a call-in option for those who can’t make it to DDS headquarters (250 E St. SW, next to the Federal Center SW metro station).

Many ways to get involved and keep improving life for our citizens with developmental disabilities in D.C. – take your pick!

Celebrate!

You did it – WE DID IT.

On February 6, the D.C. council unanimously approved bill 22-0154, the Disability Services Reform Amendment Act of 2017 (formerly the Citizens with Intellectual Disabilities Civil Rights Restoration Act).

This was a hard slog, a years-long effort, to make the reforms in D.C. disability services that would allow court oversight to end – last year, with the closure of the Evans case, and now, for people with intellectual disabilities receiving support in the future.

This is an amazing accomplishment.  Now we can turn our faces squarely toward the future.

The bill itself is here:

http://lims.dccouncil.us/Legislation/B22-0154?FromSearchResults=true

and you’ll find the brief discussion and vote in the council here: http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=4332

between 1:20:00 and 1:30:00.

Watch the short video and celebrate!  I know that’s what folks will be doing at this Saturday’s Project Action! meeting (10-12 Saturday, Feb 10 at the Kennedy Institute, 801 Buchanan St. NE).

Get the Courts out of our Supports!

In my last post I was very hopeful about prospects for Bill 22-0154, the Disability Services Reform Amendment Act of 2017 (formerly CIDCRRA), which aims to roll back the paternalistic system of court commitment for people with intellectual disabilities in D.C.  WE ARE THE ONLY JURISDICTION IN THE NATION WHERE LAWYERS AND JUDGES HAVE FINAL SAY ABOUT WHAT SERVICES PEOPLE WITH DISABILITIES WHO HAVE COMMITTED NO CRIME WILL RECEIVE.  To those of you receiving services in this way now, I have the following message:

-          I get it, it’s what you know. Nothing in the bill prevents your family member from continuing the way things are.  Nothing.

-          Have you thought about why the lawyers who have a stake in keeping the system as it is are the ones leading the opposition?  They may be well intentioned, but they are not objective.

-           Please don’t oppose the bill.  Keep what you have but let the rest of us move forward.

To the rest of you:

-          There is expected to be a second vote in the Council, probably on February 6.

-          Opposition is mobilizing. See https://tinyurl.com/y77pomvj for an article co-written by a DC lawyer who currently represents people under commitment in D.C.

-          Those leading the opposition to the bill argue that the D.C. government has consistently exploited its residents with disabilities for 40 years.  This ignores the very significant reforms that have taken place, especially over the past ten years.  (See https://tinyurl.com/yblwlq6z, and https://ddc.dc.gov/page/needs-assessment-2016 to understand where things really stand.)

-          Please do not rely on Project ACTION! and Quality Trust to do all the heavy lifting on this.  If you live in D.C., it’s especially important to write to council members who are not on the Human Services Committee (see page to the right).  These are (council member email followed by key staff member):

Ward 3:   mcheh@dccouncil.us; nrentz@dccouncil.us

Ward 5:   kmcduffie@dccouncil.us; bmitchell@dccouncil.us

Ward 6:   callen@dccouncil.us; lmarks@dccouncil.us

Ward 7:   vgray@dccouncil.us; tnorflis@dccouncil.us

At-Large: pmendelson@dccouncil.us; mbattle@dccouncil.us

At-Large: abonds@dccouncil.us; ikang@dccouncil.us                                         

At-Large: esilverman@dccouncil.us; srosenamy@dccouncil.us

If you live in D.C., please write, even if you don’t consider disability issues to be your highest priority.  Tell the council members that you favor bill B22-0154 because it’s time for people with disabilities and those who support them to decide what type of support they need without a lawyer and judge saying so.  (If you have more questions, have a look at https://tinyurl.com/y8zq3pnw.) 

GET THE COURTS OUT OF OUR SUPPORTS.  We can do this, it’s time to do this.  Please pitch in.

Moving Mountains in 2018 and Beyond

First, some updates.  I promised to let folks know about the new DDS deputy for Rehabilitations Services, and that person is Dave Bush, who took up his functions on January 8.  I’m told he has experience in vocational rehabilitation in both Ohio and D.C., and some of you may have known him when he served in RSA 2013-14.  He also has experience in the Veterans Administration and in college disability support.  There’s been a lot of discussion of late about the new streamlined DDS intake system, and I find it interesting that the intake unit, headed by Chris Nace, is actually reporting through RSA rather than to the DDA deputy.  I suppose this can work if the Nace shop collaborates well with Robin Exton’s eligibility unit in DDA, but it’s a bit confusing and the proof will, as always, be in the pudding.

On other fronts - DDS director Andy Reese opened the New Year with a message (https://dds.dc.gov/publication/message-director) looking back on the accomplishments of 2017, most significantly the District’s exit from the Evans lawsuit.  As the New Year dawns, we’re close – yes, very close – to reaching another milestone, namely an end to the requirement of legal commitment (court-appointed lawyer and judge’s determination) for some people to receive services in D.C.  On January 9, the D.C. council voted unanimously in favor of bill B22-0154, and if it makes it through a second vote - perhaps as soon as February 6 - the bill will be passed and sent on to the mayor for signature.  Then of course – unique to D.C. – the U.S. House of Representatives and Senate will have their 30 days to review the bill before it can become law.

I sincerely hope that in January 2019, Andy will be reporting that court commitment is a thing of the past for everyone except those already receiving services in this way who choose to keep doing so.  Just as the closure of the Evans case withdrew court oversight for the overall functioning of the disability services system in D.C., the passage of B22-0154 will lift court oversight for individuals in the future, giving people and their family members or other trusted supporters the right to speak for themselves.  The establishment of Supported Decision Maker agreements under the bill will provide a new and important vehicle for people who want help in making decisions about their care (more about this in a future blog post).

This isn’t the end of needed reform, though.  If you want to understand what I mean, search “DDRA” over to the right and you’ll find that the Developmental Disabilities Reform Act that died in the council in 2010 contained one fundamental reform that still hasn’t seen the light of day – namely, extension of eligibility to people with developmental disabilities who do not have an intellectual disability (defined as IQ of 69 or below based on testing before the age of 18).  This means that folks with “only” autism or another developmental disability don’t qualify for supports and are left high and dry.  In a recent meeting of the Family Support Council this issue received some discussion, and I hope that group will indeed take it up in future discussions with DDS.  Perhaps then, in his January 2020 New Year’s message, DDS director Reese will be able to announce the District’s success in expanding eligibility for Medicaid supports to all of those who need them. 

Mountains can be moved - as recent successes have shown - but it takes a lot of strong backs.

Unfinished Business and a Small Favor!

When I last wrote, I promised a more complete readout on the December 8 Supporting Families event.  In the meantime, though, I wanted to let you know the latest on the Disability Services Reform Amendment Act of 2017 (B22-0154), which I covered in my last post.  The Human Services Committee unanimously voted to send it on to the full council, where it will receive its so-called “first reading” – the first step before full passage – on January 9.  Now is the time to let your council member know that you favor the bill!

As for the Supporting Families Community of Practice - I was there only in the afternoon, but Emily Price already has posted all the materials from the meeting on the DDS website, at https://dds.dc.gov/node/1296551.  She also plans to make the next meeting (on March 9) available remotely by Webex for those who can’t attend. There were important presentations on the new Cultural and Linguistic Competency Community of Practice, the OSSE "report card," and other issues, so I hope you'll look at all of those.

During the afternoon session, Erin Leveton made a presentation on accomplishments during the first five years of the SF CoP.  This group has had a real impact, not least of all in reaching a broad cross-section of families in D.C.:  Erin reported that from an initial mailing list of only 50 people, the SF CoP now reaches close to 1000 people in one way or another.  She also gave a presentation on changes to the I/DD waiver that were recently approved by CMS.  (If you don’t know what these acronyms stand for, see my page on Acronyms and Organizations.  Also, Power Points for both her presentations are at the link above.)

Andy Reese showed up during lunch to talk with the group.  He took a great many questions on the recent reorganization of DDS, and we learned:

-          Maximum effort has gone into providing shared services for both DDA and RSA.  Particularly on the Quality Assurance front, RSA was in need of an upgrade, and establishment of the Quality Management Administration under Jared Morris is intended to help with that.

-          I informed Andy that some have expressed concern about that the exodus of people with specialized expertise, particularly in Incident Management.  He expressed confidence that those departures will not affect the quality of services and oversight by DDS, and Winslow Woodland, now acting deputy for DDA, also joined the meeting briefly to underscore this.

-          The DDA intake process has been improved so that it takes less time and starts by identifying the needs of the person and their family up front.  (This is undoubtedly a customer-service improvement but does not change eligibility requirements for the waiver, based primarily on an IQ score of 69 or below before age 18.)  People interested in paid work receive assistance in getting started with their RSA application as well.

-          I mentioned my hope that Andy would restore the word “State” to the name of the Office of Policy Planning and Innovation (see “Changes Surely Afoot,“ November 9), and I understand he has agreed to do so.

With respect to the realignment, the Family Support Council met on December 21, and their next public meeting, on January 25, will be attended by senior DDS officials and will focus on this subject.  Daisy Brown, who chairs the FSC, wants to ensure that the FSC continues to track DDS progress following the reorganization, and she plans regular briefings at this and future FSC meetings.  Although no one asked in the December 8 meeting when DDS would be recruiting for the RSA deputy position that was vacated by Pamela Downing-Hosten, I’m told that the position is filled or very close to being filled.  I’ll let you know when I learn the name, but this is excellent news.

That’s the update, now for the favor!  I’ve been writing this blog for over three years now, and during that period I hope you’ve come to rely on it for information and advice about what’s happening and where you can make a difference for D.C. citizens with developmental disabilities in D.C.  I regularly come across new folks who are faithful readers, and I thank all of you for letting me know you find my blog useful.  In this holiday season, though, I’m asking you to give me a gift – feedback!  What would you like to see more of here?  Are there changes that would make it more interesting or helpful to you?  Use the Comments or just tell me what you have on your mind.  And pass the word along – not everyone can make it to meetings, and I worry about those who are too busy – with paid work, caregiving, and so many other demands – to make their voices heard. 

Thanks in advance for your reactions, and Merry Christmas, Happy Chanukah, best of the holiday season to one and all - 

A Gift You Can Give Right Now!

There were a lot of announcements and discussions at last Friday’s Supporting Families Community of Practice, and I’ll cover those shortly in another blog post.  Right now, though, I need to get this out in a hurry since you have action to take over the weekend. 

One of the announcements at the SF CoP was that there would be a markup on December 12^th in the D.C. council’s Human Services committee of bill B22-0154, which you previously have seen referred to here as the Citizens with Intellectual Disabilities Civil Rights Restoration Act, or CIDCRRA.  It’s now been renamed the Disability Services Reform Amendment Act of 2017.  That markup took place as planned, and the new text of the bill is attached (https://tinyurl.com/ybkyyuua), as well as the background report on the bill including a summary of testimony at the June hearing (https://tinyurl.com/y8sl4nsn).

Now that this bill is finally on the move, I’m told the committee, and the council, plan to move quickly on it.

I’ve written at length before about this bill, particularly in my posts “Slow and Steady Wins the Race” and “No Overnight Successes” from June of this year, and “Yes, You Really Can do Something” (July 2016), “A New Year, A Chance for New Beginnings” (January 2016) and “Overdue Change for the District” (November 2015).  Just to remind you, though, if passed the bill would do these key things:

-          Eliminate the requirement for people with a moderate to significant intellectual disability to be “committed” by the court before receiving services.  Currently people in this category must be assigned a court-appointed lawyer and must have the amount and type of their services decided by a judge.  This is a separate issue from guardianship, which allows the court to name a trusted individual to oversee care and services if necessary.  In fact, the commitment system can undermine the role of the guardian by permitting the court to make final decisions.

-          Allow those currently under the system of court commitment to remain under the system if they choose to.  People currently under court commitment may continue with the system to which they are accustomed.

-          Establish an enhanced complaint system within DDS.  This is new, and resulted from testimony and discussion at the committee’s June hearing on the bill.

-          Create a Supported Decision Maker role as a possible alternative to guardianship in addition to existing roles such as Power of Attorney.

My view on this bill, as you know if you read my testimony from the June hearing (https://tinyurl.com/yc2ttz67), is that this is a crucial bill that recognizes we now have a system that can be responsive to people and their families, not just to the courts (the enhanced complaint process will help).  Please recall that my own son receives services without court commitment – I trust my own voice more than a court-appointed lawyer’s - and that local disability advocacy organizations that are in the forefront of safeguarding disability rights (such as Project Action!, Quality Trust and Disability Rights DC) are in favor of this bill.  Whether your family member is or is not under court commitment, you should favor this bill, too.

Please write to the council – your own councilmember as well as every member of the Human Services Committee (http://dccouncil.us/committees/committee-on-human-services) to express your strong support for this bill.  It’s overdue, its day has come, and I assure you the lawyers with a stake in the current system are flooding the committee with statements in opposition.  Take the time now to give a gift to people with disabilities in D.C. – write to the committee, and the council, to express your strong support for B22-0154. 

Take a break from trimming the tree and do it this weekend!

Not a Time for Slowing Down

We’re between those busy holidays and there’s a temptation to think of nothing but that!  But there are some important events and issues that still deserve our attention this month.

I’m thinking in particular of the Supporting Families Community of Practice, which will be meeting this Friday, December 8.  Here’s the agenda:  https://tinyurl.com/y8x8khms.  Come if you possibly can – I know that’s hard for many folks, but if you think you’d be more likely to make it to SF CoP meetings if they weren’t on weekdays, it’s a good time to speak up.  Why?  Because there’s a new person coordinating the SF CoP, someone you may know already through her work on No Wrong Door and Person-Centered Thinking.  With Alison having left, Emily Price has now taken on the SF CoP, in addition to her other functions, and she’s getting off to a great start by reaching out for ideas.  In case you’d like to give her some input for her new position, you’ll find her at emily.price@dc.gov.

As for Friday’s meeting, the SF CoP will be celebrating its five-year anniversary with, among other things, an update on the recent federal approval of D.C.’s revised Home and Community-based Waiver and the public kickoff of the new Cultural and Linguistic Competency Community of Practice.  There also will be a chance to talk with “DDS leadership” – I hope this means Andy Reese! – about recent changes in DDS organization and what comes next.  What won’t be on the SF CoP agenda this time around is the briefing on finance and investment issues that’s needed to help folks who may be thinking of opening an ABLE account.  Hopefully next time!

On Friday there also will be a brief discussion led by Molly Whalen of the D.C. Association for Special Education, on the “OSSE School Report Card Focus Group.”  (OSSE is the Office of the State Superintendent of Education” – and I wish we still had a State Office Although I don’t know much about this initiative, I’m looking forward to learning more.  One concern I know will be covered is the slowdown in funding for key reforms launched in legislation by the D.C. council in 2014, most particularly the plan to lower the age for transition planning from 16 to 14.  You can read more about this important issue at:  http://dcase.org/2017/11/dcspedreform.

And on the subject of youth, councilmember David Grosso, who chairs the education committee, will be hosting a roundtable this Thursday at 4:00 on “Issues Facing D.C. Youth” (https://tinyurl.com/yc26eukj). Young people aged 21 and younger are encouraged to sign up by 5:00 today.  Seems to me the subject of funding for special education reforms should be very high on his agenda, and I know we’ll hear more about that roundtable at the Sf CoP on Friday. 

I look forward to seeing as many of you as possible at DDS this Friday!