Disability Rights North Carolina - 2012 Annual Report
Five Years of Service to People with Disabilities Living in North Carolina
From Our Director
When Congress created protection and advocacy systems, it wanted each state and territory to
have an independent organization that would use ”legal, administrative and other appropriate
remedies to resolve issues of abuse or neglect or violation of rights based on disability for
individuals with disabilities . . . .”
Since Disability Rights NC assumed the responsibilities of North Carolina’s federally mandated
protection and advocacy system in 2007, the Board of Directors, its PAIMI Advisory Council and
dedicated staff have worked hard to fulfill congressional expectations. This year’s annual report
highlights our work over the past five years.
As you will see, we have used every tool in our toolbox. Through the provision of information
and referral, training and outreach, monitoring conditions in facilities, cutting edge investigative
reports, and individual representation and class litigation, we work to remediate the effects of
discrimination based on disability.
We have accomplished much but still have much to do. As we look to the next five years and
beyond, we pledge to remain vigilant in the performance of our duties.
Vicki Smith
The First Five Years of Advocacy and Outreach
2,128 People with disabilities received direct legal and advocacy services from Disability Rights
NC
8,290 People received information and referral services after the called Disability Rights NC
seeking assistance
17,618 People received education and information through presentations and outreach activities
conducted by Disability Rights NC
100 NC counties served by Disability Rights NC
A Need for Legal Advocacy
On May 21, 2007, the Governor announced the designation of Carolina Legal Assistance (CLA)
as the Protection and Advocacy agency (P&A) for North Carolina. With that designation, CLA
became part of a nationwide network of protection and advocacy systems mandated by federal
law in the 1970s.
The Governor’s designation of CLA as the State’s P&A represented the culmination of an
advocacy campaign of almost twenty years by the disability and legal communities for an
independent organization outside of state government to protect the interests of people with
disabilities. For three decades, the P&A in North Carolina - the Governor’s Advocacy Council for
Persons with Disabilities (GACPD) - relied on a lay advocacy model with limited ability to
assertively address systems issues. With its team of lawyers, CLA strengthened the P&A’s
ability to use legal advocacy to protect the rights of people with disabilities living in North
Carolina.
CLA was renamed Disability Rights North Carolina shortly after it began operating as the P&A.
The legal advocacy model allows Disability Rights NC to effect systems change while
representing individual clients through targeted case selection criteria. It gives Disability Rights
NC the necessary leverage to hold state agencies, local governments, their contractors, and
private entities accountable for complying with the laws protecting people with disabilities.
Within its first 15 months as the state’s P&A, Disability Rights NC demonstrated the power of
legal advocacy when it filed a lawsuit against the NC Department of Health and Human
Services (NC DHHS) to stop the transfer of patients from Dorothea Dix Hospital to the new
Central Regional Hospital.
Disability Rights NC has built on the work of CLA that resulted in systemic changes in the
delivery of mental health services; special education; abuse, neglect or exploitation of people
with disabilities; and access to Medicaid benefits. In its first five years, Disability Rights NC has
proven that its legal and systems advocacy for people with disabilities improves lives.
Monitoring and Investigations
Protecting the Most Vulnerable
One of the core responsibilities of a P&A agency is to ensure the residents of facilities are living
with dignity in safe environments. As a part of the monitoring program, staff members review the
physical condition of the setting, and evaluate staff treatment and attitudes towards residents.
Staff can speak directly with residents in facilities and community settings about their rights,
provide the residents with written materials explaining their rights, and hang posters in the
facilities to ensure our contact information is readily available to the residents. When necessary,
the staff of Disability Rights NC investigate reports of human rights and disability rights
violations.
Unique Investigative Authority
Federal law gives protection and advocacy agencies extraordinary access authority. P&As
have:
 Routine access to all individuals with disabilities in settings that provide services, care
and treatment.
 Access (within three days of request) to all records of individuals with disabilities and
certain other records that are relevant to conducting an investigation when:
o the individual is a client of the P&A and the individual (or guardian) authorizes
such access; or
o
o
the P&A receives a complaint regarding the treatment of an individual if the P&A
determines there is probable cause to believe the individual was subjected to
abuse or neglect; and the individual cannot authorize access to records; and the
individual has no guardian, or the guardian is the State; or
in limited circumstances, the P&A offers assistance to the individual’s guardian
and the guardian fails or refuses to act.
Review of Deaths of People with Disabilities
The investigative work of a P&A extends to the circumstances of an individual’s death when that
individual is being treated in a certain type of facility. The P&A has immediate access (within 24
hours of request), without consent from another party, to certain records in the event of a death.
Staff of Disability Rights NC review hundreds of death reports each year and conduct
investigations where abuse and neglect may have played a part in the death. Professional
health care providers volunteer their time to support these investigations.
Changes Made at NC School for the Deaf after Investigation and Report
In 2010, after an investigation of reports of the abuse of students at the NC School for the Deaf
in Morganton, Disability Rights NC released to NC DHHS leadership the results of its
investigation. As a result, NC DHHS Secretary Lanier Cansler launched an investigation into the
allegations, stating “The findings of Disability Rights NC are significant enough to warrant a full
investigation into the actions of the school’s top administrator and staff. . . . Based on our early
findings, some staff may not have acted in the best interests of our children.” The school’s
director eventually was discharged from her position, and conditions and staff attitudes
towards the school’s students improved.
The First Five Years of Investigations and Monitoring
576 Facilities visited by Disability Rights NC
1,059 People living in facilities received advocacy services
779 Death reports reviewed
Living Independently in the Community
The Americans with Disabilities Act (ADA) ensures that people with disabilities have full access
to community activities as well as the right to live in the community. The attorneys and
advocates at Disability Rights NC work daily to enforce the “integration mandate” of the ADA.
This works takes many forms and includes helping people with disabilities:
 overcome barriers to community access;
 access places of public accommodation;
 receive the supports and services necessary for them to live in the communities of their
choice, including Medicaid services;
 maintain employment free from discrimination;



receive appropriate special education services and transition services before graduating
from high school;
participate in elections; and
live safe and healthy lives.
Success Stories
Melvin was 22 when an accident caused him to lose use of his arms and legs. A year later, he
was moved to a nursing home hours away from his family and friends. Melvin thought, “This is
where I am going to die.” Through the help of an advocate with Disability Rights NC, Melvin
found an accessible apartment near his family and pieced together the services necessary for
his 24-hour care. He now enjoys seeing his family and friends and participates in community
activities.
A public school system in North Carolina refused to allow A.S. to bring his highly trained service
animal to school when he entered the pre-kindergarten program. In August 2010, the school
system argued that the service animal had no place in the child’s education program. More than
two years later and after proceedings in a federal court and the Office of Administrative
Hearings, the U.S. Office of Civil Rights determined that the service animal was an important
part of the student’s ability to participate independently in school and community activities. A.S.
and his service animal, Chatham, now participate fully in classroom activities.
Timeline of Activities – 2007 to 2012
2007
July 2 - Carolina Legal Assistance (CLA) became North Carolina’s protection and advocacy
system with Adele Foschia as Interim Executive Director.
Founding Board Members on July 2: Adonis Brown, The Honorable William Creech, Willie
Dawson, Kent Earnhardt (PAIMI Advisory Council Chair), Ann Elmore (Treasurer), Alex Hagan,
Marian Hartman (Chair-Elect), Lucy Inman, Greg McGrew (Chair), JoAnne Murray, Melanie
Regner, and Gerri Smith (Secretary).
September 22 - CLA changed name to Disability Rights North Carolina.
November 5 - Board hired Vicki Smith as Executive Director.
2008
January 17 - Open House held at new headquarters located at 2626 Glenwood Avenue in
Raleigh.
February 26 - Led the creation of the Disability Information and Referral Task Force to
coordinate with similar agencies. Disability Rights NC continues to host periodic symposiums
where agencies serving people with disabilities exchange information about their services and
programs.
March 1 - First issue of New Directions newsletter published.
April 6 - Released report Deadly Transitions: A Devastating Breakdown in Discharge Planning
at a press conference. The report examined the deaths of three people who were discharged
from State psychiatric hospitals without adequate discharge planning.
September 23 - Filed lawsuit against the N.C. Department of Health and Human Services to
stop wholesale transfer of Dix patients to Central Regional Hospital until safety concerns were
abated. The court granted a temporary restraining order.
October/November - Initiated Voting Accessibility Project, conducting on-site surveys of 75 OneStop locations in October and 192 polling sites on Election Day; 94% of the One-Stops and 97%
of Election Day sites had barriers to access for people with disabilities. Follow-up surveys were
conducted in 2010.
December - First Champions of Equality and Justice Awards presented to The Honorable
William Creech, Lockhart Follin-Mace, Jo Anne Jeffries and Robert Reilly.
2009
August - Initiated systemic approach to litigating issues regarding lack of due process and
accountability for cutting services by representing 24 individual clients whose private duty
nursing services had been cut. All cases were resolved in mediation and informal negotiations
with the State resulted in improvements to the approval process.
October 1 - Monitoring Project launched with nearly every staff member assigned to monitor a
facility monthly.
December - Released The Case of the Death of RM report, calling on adult care homes to
follow the rules to ensure the safe discharge of residents.
December 11 - Filed federal lawsuit Marlo M. v. The Beacon Center and NC DHHS to stop the
State’s termination of community-based mental health services. This was the first case filed by
Disability Rights NC using the U.S. Supreme Court’s decision in Olmstead v. L.C. to prevent
institutionalization. The U.S. Department of Justice filed a brief in support of the lawsuit on
December 23. The case eventually settled with the named plaintiffs remaining in their
apartments.
2010
February - Released report Seclusion and Restraint: A Dangerous Education examining the
dangerous use of physical and mechanical restraints on students with disabilities. The report
called for a ban on the use of prone restraint in NC’s schools.
June 6 - Received the Advocacy Award from the National Disability Rights Network in
recognition of outstanding work in protecting the rights of people with disabilities to live in the
community.
July 26 - Filed complaint with the U.S. Department of Justice alleging NC’s practice of
warehousing people with mental illness in adult care homes violated the ADA. The DOJ agreed
in a Letter of Findings issued on July 28, 2011. The State reached a settlement with the DOJ in
July 2012.
August 21 - The Arc of NC recognized Disability Rights NC with its President’s Award for
“providing exceptional advocacy on behalf of people with intellectual and developmental
disabilities.”
August - Released report Trapped in a Fractured System: People with Mental Illness in Adult
Care Homes examining the State’s longstanding failure to address the problem of warehousing
people with mental illness in adult care homes.
August to October - Held public Listening Sessions in 18 locations across the state with nearly
350 people helping to identify areas of greatest need for advocacy services.
2011
February 21 - Launched DATE volunteer program with first training in Fayetteville. More than
100 volunteers are now trained to help people with disabilities self-advocate.
April 4 - Launched pro bono volunteer attorney program at a breakfast featuring Keynote
Speaker Gene Nichol and first pro bono CLE trainings were conducted after the breakfast.
May 31 - Filed first class action case in Pashby v. Cansler to stop changes to eligibility for inhome personal care services that would have forced some Medicaid recipients into adult care
homes to receive necessary services. Legal Services of the Southern Piedmont and NHelp are
co-counsel in the case.
July 5- Filed second class action case in K.C. v. Cansler and PBH to stop reductions to home
and community-based services. Legal Services of the Southern Piedmont and NHelp are
co-counsel in the case.
September - Began Dignity in Work project. Staff visited 24 community rehabilitation programs
to assess their effectiveness in placing individuals with disabilities into competitive, integrated
employment. Information collected from the visits, public records requests, and research were
used to support advocacy for improved employment services.
September 22 - Received the Nonprofit Sector Stewardship Award presented by the N.C.
Center for Nonprofits.
2012
January 11 - Released report Kids Caught in a Double Bind: North Carolina’s Failure to Care for
Children with Dual Disabilities highlighting the lack of available mental health services for
children with complex needs.
May 10 - Received Defender of Justice Award from the N.C. Justice Center.
August - Received more than 860 responses from residents in 93 counties to online survey
seeking input on needs of people with disabilities living in NC.
September 22 - Filed OCR Complaint challenging Catawba County Schools’ refusal to allow a
kindergarten student to bring his trained service animal to class. OCR ordered the school to
allow the animal in class.
September/October - Launched a voter registration and education project, reaching out to
people with disabilities living in institutions and group homes.
November 13 - After receiving an investigative report from Disability Rights NC examining the
death of a man living in a state-operated facility, DHHS Secretary Al Delia effectively banned
the use of prone restraint in all State settings.
A Quick View of 2012
992 people with disabilities were served directly by Disability Rights NC staff
Reason They Were Served
Abuse and Neglect
Assistive Technology
Benefits
Education
Employment
14.6 %
0.3 %
0.5 %
20.8 %
13.3 %
Healthcare
Housing
Quality Assurance
Rehabilitation
Rights
Transportation
Voting
25.6 %
2.7 %
8.7 %
2.5 %
9.4 %
1.2 %
0.3 %
Disability of Person Served
ADD/Learning Disability
Autism
Blind/Visually Impaired
Deaf/Hard of Hearing
I/DD
Mental Illness
Neurological
Other Health Impaired
Physical Impairment
Traumatic Brain Injury
7.5 %
11.5 %
2.3 %
4.3 %
14.5 %
23.7 %
12.2 %
5.1 %
14.5 %
4.3 %
Information and referral services provided to approximately 3,700 callers
STATEMENT OF FINANCIAL POSITION
As of September 30, 2012
ASSETS
Cash and cash equivalents
Grants and contracts receivable
Prepaid expenses
Other assets
Furniture and equipment
Less: Accumulated Depreciation
Total Assets
$
362,105
147,735
60,882
48,158
59,505
(57,394)
620,991
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES:
Accounts payable and accrued expenses
Accrued leave
Total Current Liabilities
80,226
111,764
191,990
NET ASSETS
Unrestricted net assets
Temporarily restricted
415,045
13,956
Total Net Assets
429,001
TOTAL LIABILITIES AND NET ASSETS
$ 620,991
STATEMENT OF ACTIVITIES - FISCAL YEAR 2012
SUPPORT AND REVENUE
Support:
Grants
$
3,228,780
Contributions
63,872
In-kind contributions
18,000
Interest income
452
Other income
0
Total Support, Revenue and Other Income 3,311,104
EXPENSES
Program Services
Protection and advocacy
Legal services
Support Services
Fundraising
Management and general
Total Expenses
2,657,122
72,516
54,882
432,462
3,216,982
Change in Net Assets
94,122
Net Assets – beginning of year
Net Assets – end of year
334,879
$
429,001
Thank you to our friends and supporters who gave in 2012!
Justices ($5,000 +)
Lang Family Foundation (In Memory of Linda Lang)
The Arc of North Carolina
Champions ($1,500 - $4,999)
Enterprise Holdings Foundation
Vicki Smith
Directors ($1,000 - $1,499)
Amerigroup
Sandra and Charlie Barnes
Beth Garriss Hardy
Jerry Hartzell
Benefactors ($500 - $999)
Marketing Association for Rehabilitation Centers (MARC)
Janna Shisler
Sustainers ($250 - $499)
Autism Society of North Carolina
Dr. Frederick Best
Helen and Jack Bonds, Jr.
Lucy Daniels
Crystal de la Cruz-Hopper and Kevin Hopper
Easter Seals UCP North Carolina & Virginia
Mark Ezzell
Adele and John Foschia, Jr.
Iris and Joseph Green
Marian and Jim Hartman
Sam Hedrick
Cheryl and Greg McGrew
National Multiple Sclerosis Society, NC Chapters
Susan and Thomas O'Brien
The Honorable Linda Stephens (In Honor of Lisa Grafstein and Will McDowell)
Advocates ($100 - $249)
David Abels (In Memory of Murray Abels and Gloria Klein)
Ann and Gerry Akland
Brenda Arthur
Seth Bernanke
Louise Bick (In Memory of Julia Bick)
Jonathan Blanken
Bloomfield Hills Insurance Agency
Kim and Edward Bond, Jr.
Kathy Boyd and Travis Payne
Diana and Paul Burch
Suzanne Burley
Steve Byrd/HCW Employee Benefit Services
Campbell University School of Law
Pete Clary III
James Conner II
Karen and Alvin Crumbliss
Deborah Dobbins
Steven Edelstein
Kim Fakhoury
Katherine Fisher (In Honor of Robert Fisher)
Jacquelyn Fussell
Thea and Larry Gardner (In Honor of Jennifer Bills)
Syma and Lloyd Gerard (In Memory of Deborah Greenblatt)
Ann Hale
Kathleen and Dan Herr
Virginia and Bruce Hilton (In Honor of Vicki Smith and In Memory of Opal Barrett Frith)
The Honorable Barbara Jackson
Joy Johnson
The Johnson-Asfoury Group at Wells Fargo Advisors
Amy Jones
Sandra Lytle
Diane and Gregory Morris
Kevin Morton
Karen Murphy
NC Center for Voter Education
Jane and Henry Patterson, Jr.
Patterson Harkavy LLP
Carol Reilly (In Memory of Robert Reilly)
Jennifer and John Rittelmeyer
Victoria Shea (In Memory of Linda Lang)
John Silverstein (In Memory of Deborah Greenblatt)
Jane Staveley
Holly Stiles
Andrew Strickland
Kim Taylor and Timothy Byrd
David Thompson (In Honor of Carl Thompson)
Jane Zeller and John Townson
Elaine Whitford
Delsie and Willis Williams
Venzella and Willie Williams, Sr.
Janice and David Willmott
Sandra and Jim Wilson
Friends ($99 and under)
Ben Akroyd
Harriet Ammann (In Memory of Debbie Greenblatt)
Colleen Anderson
Jennifer and Andrew Angyal (In Honor of Evan Angyal)
Anonymous
Martha Brock
Ken Butler
Rebekah Davis
Jennifer Diliberto
Angie Downs
Jill and Brandon Elders (In Honor of Brett Elders)
Dan Fox
Mary Lou and Rob Gelblum
April Giancola and Scott Conklin
Elaine and Leonard Goodwin
Mae Gunn
Alfredia Harris
Janice and Kale Henry
Allyson Hilliard
Nancy Hitchcock
Harriet Hopkins
Sue Jasinski
D. Jones
John Keller and Carolyn Ingram
Jane Kendall and Ran Coble, Jr. (In Honor of Vicki Smith)
Larkin Kirkman (In Memory of Taylor McMillan)
Bob Konrad
Jonah Liebert and Beth Trevor (In Honor of Vicki Smith)
Belinda and Lance Luman
Betsy MacMichael
Haydee Martinez
Gabby Martino
Arthur Matthews (In Memory of Cleo Matthews)
Jeff McLoud
William Miller
Cheryl Mulloy-Villemagne
Patricia and Robert Myers
Members of the NC Council on Developmental Disabilties
Greg Olley
Randi and Isaac Pakula
Patsy Parrish
Michael Prisant and Elizabeth Colemangray
Alice Ratliff and Mike Calhoun
Mercedes Restucha-Klem
Marjorie-Ann Silvernail
Kathy Smith
Susan and Max Stafford (In Honor of Ann Marie Stafford)
Andree and William Stanford (In Memory of Deborah Greenblatt)
Chris and Rich Trottier
Burwell Ware
Jackie and Arthur Warner
Linda Weisel and Dan Pollitt, Jr.
Deborah Weissman
Jan Withers (In Memory of Daniel Johnson)
Fiscal year 2012 - October 1, 2011 to September 30, 2012
Be a Part of the Next Five Years
How many more people with disabilities in North Carolina will be positively impacted by the
advocacy and work of Disability Rights NC over the next five years?
Look for ways you can help improve the lives of North Carolinians with disabilities on our
website.
2013 Board of Directors
Sadie Brewington Barbour, Secretary - Clinton
Kathy Boyd, Chair - Wake Forest
Rusty Bradstock - Greensboro
Suzanne Burley - Raleigh
Iris Castillo - Fuquay-Varina
Pete Clary - Winston-Salem
William Donohue - Winston-Salem
D. Jones - Greenville
Cheryl Mulloy-Villemagne, Treasurer - Waynesville
Janna Shisler, Chair-Elect - Chapel Hill
Mary Skov - Wilmington
Herb Smith - Dunn
Kim Taylor – Hiddenite
Charles Walker - Raleigh
Sheila Wall-Hill, PAIMI Advisory Council Chair - Charlotte
Deborah Whitfield – Charlotte
“I believe that with the help of Disability Rights North Carolina, we have improved and built a
stronger patient-centered system of care at both Dorothea Dix Hospital and Central Regional
Hospital. It is a partnership that works and one that we value.”
Lanier M. Cansler
Former Secretary, N.C. Department of Health and Human Services
The Sun News, October 8, 2009
“We were so impressed with your organization. Thanks for being there for people with
disabilities!”
“Without Disability Rights NC, we would still be waiting for help.”
from Recent Clients
Disability Rights North Carolina
2626 Glenwood Avenue, Suite 550
Raleigh, North Carolina 27608
919-856-2195
877-235-4210
www.disabilityrightsnc.org