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Sam Bagenstos speaks regarding the 1999 Olmstead decision

In August on August 24, 2010 at 2:23 pm

Assistant Attorney General for Civil Rights, Sam Bagenstos, of the US Justice Department gave a speech about the Olmstead decision. He gave the keynote talk at the August 9, 2010 Reinventing Quality conference in Baltimore Maryland.

He described the government’s renewed commitment to implement the 1999 decision of the U.S. Supreme Court. That decision found, for the first time, a Constitutional right of people with disabilities to live in the community and not in institutions.

His speech was videotaped and it is available for viewing and downloading on the web at  http://www.vimeo.com/14309540  

Thanks to Donna Obermeyer for the update and the ARC of Washington State for the article!

A Mother’s Day Message

In May on May 10, 2010 at 11:09 am

To You, My Sisters
by Maureen K. Higgins

Many of you I have never even met face to face, but I’ve searched you out every day. I’ve looked for you on the internet, on playgrounds and in grocery stores.

I’ve become an expert at identifying you. You are well worn. You are stronger than you ever wanted to be. Your words ring with experience, experience you culled with your very heart and soul. You are compassionate beyond the expectations of this world. You are my “sisters.”

Yes, you and I, my friend, are sisters in a sorority. A very elite sorority. We are special. Just like any other sorority, we were chosen to be members. Some of us were invited to join immediately, some not for months or even years. Some of us even tried to refuse membership, but to no avail.

We were initiated in neurologist’s offices and NICU units, in obstetrician’s offices, in emergency rooms, and during ultrasounds. We were initiated with somber telephone calls, consultations, evaluations, blood tests, x-rays, MRI films, and heart surgeries.

All of us have one thing in common. One day things were fine. We were pregnant, or we had just given birth, or we were nursing our newborn, or we were playing with our toddler. Yes, one minute everything was fine. Then, whether it happened in an instant, as it often does, or over the course of a few weeks or months, our entire lives changed. Something wasn’t quite right. Then we found ourselves mothers of children with special needs.

We are united, we sisters, regardless of the diversity of our children’s special needs. Some of our children undergo chemotherapy. Some need respirators and ventilators. Some are unable to talk, some are unable to walk. Some eat through feeding tubes. Some live in a different world. We do not discriminate against those mothers whose children’s needs are not as “special” as our child’s. We have mutual respect and empathy for all the women who walk in our shoes.

We are knowledgeable. We have educated ourselves with whatever materials we could find. We know “the” specialists in the field. We know “the” neurologists, “the” hospitals, “the” wonder drugs, “the” treatments. We know “the” tests that need to be done, we know “the” degenerative and progressive diseases and we hold our breath while our children are tested for them. Without formal education, we could become board certified in neurology, endocrinology, and psychiatry.

We have taken on our insurance companies and school boards to get what our children need to survive, and to flourish. We have prevailed upon the State to include augmentative communication devices in special education classes and mainstream schools for our children with cerebral palsy. We have labored to prove to insurance companies the medical necessity of gait trainers and other adaptive equipment for our children with spinal cord defects. We have sued municipalities to have our children properly classified so they could receive education and evaluation commensurate with their diagnosis.

We have learned to deal with the rest of the world, even if that means walking away from it. We have tolerated scorn in supermarkets during “tantrums” and gritted our teeth while discipline was advocated by the person behind us in line. We have tolerated inane suggestions and home remedies from well-meaning strangers. We have tolerated mothers of children without special needs complaining about chicken pox and ear infections. We have learned that many of our closest friends can’t understand what it’s like to be in our sorority, and don’t even want to try.

We have our own personal copies of Emily Perl Kingsley’s “A Trip To Holland” and Erma Bombeck’s “The Special Mother.” We keep them by our bedside and read and reread them during our toughest hours.

We have coped with holidays. We have found ways to get our physically handicapped children to the neighbors’ front doors on Halloween, and we have found ways to help our deaf children form the words, “trick or treat.” We have accepted that our children with sensory dysfunction will never wear velvet or lace on Christmas. We have painted a canvas of lights and a blazing yule log with our words for our blind children. We have pureed turkey on Thanksgiving. We have bought white chocolate bunnies for Easter. And all the while, we have tried to create a festive atmosphere for the rest of our family.

We’ve gotten up every morning since our journey began wondering how we’d make it through another day, and gone to bed every evening not sure how we did it.

We’ve mourned the fact that we never got to relax and sip red wine in Italy. We’ve mourned the fact that our trip to Holland has required much more baggage than we ever imagined when we first visited the travel agent. And we’ve mourned because we left for the airport without most of the things we needed for the trip.

But we, sisters, we keep the faith always. We never stop believing. Our love for our special children and our belief in all that they will achieve in life knows no bounds. We dream of them scoring touchdowns and extra points and home runs. We visualize them running sprints and marathons. We dream of them planting vegetable seeds, riding horses and chopping down trees. We hear their angelic voices singing Christmas carols. We see their palettes smeared with watercolors, and their fingers flying over ivory keys in a concert hall. We are amazed at the grace of their pirouettes. We never, never stop believing in all they will accomplish as they pass through this world.

But in the meantime, my sisters, the most important thing we do, is hold tight to their little hands as together, we special mothers and our special children, reach for the stars.

Life Term for Youth

In December on December 16, 2009 at 1:10 pm

There has been a lot of talk recently about whether it is acceptable for our justice system to hand down life sentences for those who have committed crimes as youth.

A recent story (November) on National Public Radio discusses this issue specific to juveniles who have committed a crime that does not involve the death of another person.  Already, as of 2005, juveniles cannot be sentenced to receive the death penalty for any crime, but life without parole by comparison has been a bit of an uncharted area.  The NPR story presents the case stories of two men; Joe Sullivan who was accused of rape as a young teen and Terrance Graham who was 16 when he was arrested in a home invasion robbery. 

Because both young men had previous violations, mostly misdemeanors, the judges similarly decided that these men were “beyond help” in one of the judges words and that they were destined to continue a life of crime.  Both were sentenced to life behind bars with no possiblity of parole.  The article goes on to discuss arguments by those who support and oppose legislation to ban these types of sentences for youth.  Take a look here: http://www.npr.org/templates/story/story.php?storyId=120183593

A few days earlier, NPR ran another similar story which presented the cases of two other men who were headed down a troubled road as adolescents.   Both were arrested multiple times, one for carjacking and the other who “helped burn down a federal building, shot a cow for fun and hit a police officer after a racially charged bar fight.”  The twist to this story is that these men both later led extremely successful lives and demonstrated great civic responsibility after reaching adulthood, one becoming a United States Senator and the other an accomplished writer and poet.  These two men discuss their initiative to put an end to juvenile life sentences: http://www.npr.org/templates/story/story.php?storyId=114277949&ps=rs

Another recent article in the New York Times (December 1st) provides scientific evidence that young adults and adolescents may process information about risks differently than adults because a part of the brain which controls things like decision-making, planning, evaluating risks/rewards is still in the process of developing.  The argument proposed based on this research is that adolescents still have the ability to “grow out” of criminal behaviors as their development completes.  Continuing to send these youth away for life without parole, it is argued, ignores this potential for developmental change.  Read the full article here: http://www.nytimes.com/2009/12/01/science/01conv.html?_r=1&scp=1&sq=conversation%20with%20lawrence%20steinberg&st=cse

Where do we draw the balance?  Both sides agree that consequences are needed for youth who engage in criminal acts, but what crimes (if any) should result in a youth being locked up for life?  Is it possible to determine which youths are “beyond help” as a judge put it?  Should we ever consider a youth “beyond help”?

What do you think?

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