The Evolution of the RI Developmental Disabilities Network
• 1973 Council establishes a University
• 1972 Council
Affiliated Facilities Committee.
objective: Establish a RI • 1979 Council goal:
Legal Advocacy System.
Develop a RI University Affiliated
• 1980 Council objective:
program.
Continue to maintain
• 1989 Council objective:
and develop
Fund study to establish a University
collaboration with a
Affiliated Program
state-wide protection • 1992 University Affiliated Program
and advocacy system.
funded by ADD at RI College.
Council-funded Inclusion Institutes
begin.
Two Decades of Collaboration
•
•
•
•
1990 Human Rights legislation, developed
by the RIDDC and the RI P&A becomes
law. Establishes Human Rights Committees
at every DD Provider agency and requires
reporting for abuse, neglect and
mistreatment.
1990 Council provides research from state
plan to assist in RIDLC’s class action suit
against MHRH for excluding dually
diagnosed persons from DD services
1995 Council works with Bob Briggs
(Region 1 Rep) to develop MTARS at
Annual Planning Retreat
1998 RI DD Network partners and 20
other disability groups, plan and sponsor a
Health Care Forum focusing on what
managed care could mean for people with
developmental disabilities
Two Decades of Collaboration- con’t
•
•
1998 – 2000 Council funds UAP at RI College with grants for Personal Support
Advocate Training, Inclusive Ed Training, Inclusive Ed Guide, Partnerships with
Policymakers, Employment Training and Conferences
2000 RI DD Network partners with other disability agencies sponsor a 1& 1/2-day
conference on self-determination for youth and adults. Focus on Cash and
Counseling program, Options program in RI, and self-determination in school
curricula
Ongoing Network Collaboration
Parents with Intellectual Disabilities
• Early 1980’s, Council recognizes an emerging
need for increasing the parenting skills for
adults who have intellectual disabilities
• 1992 - Council creates an objective: Councilfunded family support initiative begins
through UAP. In later 1990’s DLC begins to
open cases for parents with intellectual
disabilities whose children are in state
custody
• 2000 – Present: Council grant to RIDLC for DD Network activities
including funding for UCEDD Family Support project for parents
with cognitive disabilities
2000 - present
• Developmental Disabilities Network planning
meetings are now focusing on Olmstead Decision,
Self-advocate Leadership and parents with cognitive
disabilities
2005
• Developmental Disabilities Council and Disability Law
Center become members of Division of
Developmental Disabilities’ Incident Management
Trends Analysis Committee
2006
•
Developmental Disabilities Network hosts statewide Forum to
identify and prioritize Network partnership agenda. Individuals
and families identified the following needs in order of priority:
1.
2.
3.
4.
5.
6.
Guardianship/planning
Transition
Transportation
Quality and consistency of support
Education and Information
Cross-disability Networking
ALTERNATIVES TO GUARDIANSHIP
• The Rhode Island legislature passed significant
reforms to the guardianship law in 1992.
• The P&A facilitated the drafting of the
reforms.
ALTERNATIVES TO GUARDIANSHIP
The reforms included:
• Shifting from guardianship to limited guardianship;
• Linking limited guardianship to decision-making
capacity;
• Requiring those pursuing limited guardianship to
explore and rule out less restrictive alternatives
before filing a petition; and,
ALTERNATIVES TO GUARDIANSHIP
• Confirming the right to counsel.
The reforms did not include a requirement
that the Probate Courts monitor the
guardianships.
ALTERNATIVES TO GUARDIANSHIP
Despite the changes to the law:
• Many guardianships are not limited;
• Probate Courts continue to appoint guardians when
there are appropriate less restrictive alternatives to
guardianship; and,
• There remains a common preconception that
individuals with developmental disabilities cannot
make decisions.
ALTERNATIVES TO GUARDIANSHIP
The DD partners individually and
collectively work to change this by
promoting decision-making autonomy
in all their work.
ALTERNATIVES TO GUARDIANSHIP
Ongoing P&A activities include:
• Representing clients to contest guardianship;
• Educating families about alternatives to
guardianship;
• Participating on the Probate Commission; and,
• Conducting trainings on alternatives.
2008
RI Developmental
Disabilities Network
publishes first
edition of
“Frontlines”
newsletter. This
issue concerns
alternatives to
guardianship.
2008
• Alternatives to Guardianship conference held at Warwick, RI.
• Disability Law Center provides legal and financial policy support to
Developmental Disabilities Council during and after attempt to move RIDDC
into the Department of Elderly affairs.
• DLC drafted new state legislation for the Council to move out of state
government, enacted effective July 1, 2008.
2009
UDL units can be found at
http://www.ric.edu/sherlockce
nter/udl.html
• Network collaborates on
sponsorship and presentation at RI
Parent Information Network
conference “Partnerships…
Improving Transitions for Children
and Youth with Special Health Care
Needs and their Families”
• UCEDD and Developmental
Disabilities Council team up on
Inclusion Film series and Council
joins the Universal Design in
Learning team at Sherlock Center
2009
• RI Developmental
Disabilities Network
collaborates on Asset
Development Conference:
“Strategies and Resources
to Assist People with
Disabilities to Achieve
Greater Economic
Independence”
June 19, 2009
Some Next Steps
• Exploring collaboration
on investigations of
abuse and neglect
• Planning for
Developmental
Disabilities Network
project on restraint and
seclusion begins
Restraint and Seclusion
Proposed Partnership Activity for 2010
Monitoring the Use of Restraint and Seclusion in
Elementary and Secondary Education
and
Promoting Best Practices for Behavioral
Interventions
Restraint and Seclusion
Rhode Island regulation of restraint and seclusion (R/S):
• 2000 – Children’s Right to Freedom from Restraint Act
(R.I.G.L. 42-72.9)
applies to residential, inpatient and group home
settings
• 2002 – Physical Restraint Regulations, Board of
Regents for Elementary and Secondary Education
applies to all students in publicly funded elementary
and secondary education programs
Restraint and Seclusion
Consistent principles:
• Use of de-escalation before use of R/S
• Prevention of imminent risk of harm
• Staff training and policy development
• Record-keeping of each incident
• Annual reporting to appropriate state licensing
agency
Restraint and Seclusion
National attention on R/S use in schools
• National Disability Rights Network (NDRN) report –
“School is Not Supposed to Hurt” (January 2009)
• Congressional Research Service report – “Use of
Seclusion and Restraint in Public Schools: The Legal
Issues” (April 2009)
• GAO report (09-719T) – “Restraint and Seclusion:
Selected Cases of Death and Abuse at Public and
Private Schools and Treatment Centers”
Restraint and Seclusion
Monitoring School Use of Restraint and Seclusion in Rhode
Island
• RI Dept. of Elementary and Secondary Education (RIDE)
monitoring capacity
– 3 year site visits
– No data collection
• RIDLC receipt of redacted copies of R/S reports filed by schools
with RIDE
– Identify relevant data for collection
– Identify compliance and trends
Restraint and Seclusion
Possible Partners Collaboration on R/S
• Identify relevant data for RIDE to collect
• Promote the use of Positive Behavioral Interventions
and Supports (PBIS) as Best Practice, and
• Participate in proposed Legislative Commission on
“Special Learning Environments for Students with
Behavioral Challenges”
On the Front Burner
• Partners collaborate to
support and plan for
the future of the
Accessible RI Guide
• Partners have full
representation on
DDD Incident
Management Trends
Analysis Committee