Our vision statement: We will create individual and family supports, chosen and directed by the person with a disability

Our success stories
Most names have been changed to protect our clients' privacy

Training in residential facilities reveals obstacles to independence

One consumer reported to us: “I was told I can’t move out of here into the community until I lose 25 lbs.” Another resident reported: “I can’t move back in with my husband until he finds a better place for us than the trailer.”

These are just a couple of the misconceptions people with developmental or mental health disabilities revealed during a 2010 training about options to move from their residential facilities into the community. Pilot trainings were organized in Fresno and Stockton by the Office of Clients’ Rights Advocacy (OCRA), as part of the settlement of our class action case to reduce the number of people in institutions. The settlement calls for the OCRA to provide training to residents of large facilities and institutions about their rights to choose where they live. OCRA director Jeanne Molineaux said that, “Although some consumers believed they had few choices, they were happy to learn they could, in fact, get support to move out, even if they or the preferred home weren’t in perfect physical condition! We had help in the trainings from our Developmental Disabilities Peer Self-Advocacy Unit, and several participants have already moved to where they want to be.” Read other stories in the 2010 Annual Report here.

Voting rights training for Hmong

A Disability Rights California training on voting rights was provided by Sacramento based staff to a group of Hmong Americans with developmental disabilities. The training covered the right to vote; how to ask for help to register; and how to ensure the voting process and poll site is accessible. The emphasis was on why it is important to vote, what information was needed to register and examples of what kind of poll site assistance could be requested. Read other stories in the 2010 Annual Report here.

Jim White, 69, moves into the community at last, thanks to our case

Jim White is the last of the 16 named plaintiffs of the Capitol People First case to move into the community. Filed by Disability Rights California and other advocacy groups to protect the civil rights of people with developmental disabilities, the case settled in 2009. The case settlement requires that Jim and nearly 7000 other Californians living in institutions and large facilities be informed about and helped to implement their right to choose where to live.

Jim White now lives in his own place in Lakeport, a resort town in Lake County. For a long time, he lived at the Sonoma Developmental Center, located a few miles away. Jim was first placed in an institution when he was 13 and in 2010, at age 69, he moved out.

Today, he lives in a small bungalow with staff. They provide support for his new life, so he can shop for food and arrive on time for his job. Jim works part time answering the phone at an office in Lakeport.

Jim likes his job and is very happy with his new home in the community. If asked, he is adamant that he is “never going back to that hospital.”

Read other stories in the 2010 Annual Report here.

Legislative success story: supporting parents with disabilities

After the divorce, 12 year old Sondra split her time 50-50 between her mother and father. Then her father petitioned the court for full custody on the basis that her mother was too disabled to care for her. This and many similar situations prompted Fathers and Families, Disability Rights California, and American Retirees Association to sponsor SB 1188, adding a section to the Family Code prohibiting discrimination on the basis of disability in custody and visitation matters. An opinion piece in favor of the bill, by Glenn Sachs of Fathers and Families and Margaret Johnson, our advocacy director, was featured in the Los Angeles Daily News. The bill was signed into law in August. Read other stories in the 2010 Annual Report here.

Governor cuts mental health services for students: we take action

For decades, California’s county mental health departments have served special education students who need mental health support to stay in school. Called “AB 3632 services,” they include crisis counseling, case and medication management and residential placement. On October 8, the governor vetoed funding for AB 3632, leaving many students with disabilities without services. For example, Andrew was stuck in juvenile hall without critical services. At 17, he has been hospitalized a few times, most recently for suicide attempts. Adopted out of the foster care system, he has had a rocky adolescence. Services were lined up through Los Angeles County Mental Health, but because of the veto, Andrew couldn’t use them. On October 21 Disability Rights California and cocounsel filed a class action lawsuit to preserve mental health services for an estimated 20,000 students. On October 29 the California Department of Education agreed to provide enough funds to continue these critical services by county mental health departments for a short period. By mid-day Los Angeles County agreed to restart services. We are working with our allies in government and the mental health field to find a solution for students who need these services. Read other stories in the 2010 Annual Report here.

County IHSS office terminates services, violating court order

Dominic Gutierrez found out he had lost his services when his In-Home Supportive Services (IHSS) provider told him. He appealed, and as suggested by an independent living center advocate, came to us for help to prepare for the hearing. We informed the County office that Dominic had not received adequate notice of termination. We asked the County to confirm if Dominic was a class member of our lawsuit, V.L. v Wagner, which has temporarily stopped the State’s proposed IHSS reductions based on functional indexes (FI). FI are rankings of clients’ capacity to do a task, with or without help. He was a member of the class. Thus the court order had been violated; Dominic was covered as a member of the class action court suit, so his services were immediately restarted. Read other stories in the 2010 Annual Report here.

School district now offers door to door delivery for students who need it

One of our staff got a complaint that special education students in a district were given door to door transport if they lived in houses, but not if they lived in apartments. This policy was endangering a client who is medically fragile and uses a wheelchair, but who could not get himself home from his bus stop. We verified the policy with families in the district and then filed a compliance complaint on behalf of special education students living in apartments. In response, the California Department of Education is requiring the
district to offer all special education students these services if they need them. Read other stories in the 2010 Annual Report here.

Young man wants to live with people his own age

Sam Herald is an adult with cerebral palsy who uses a wheelchair for mobility and sign language to communicate. Sam and his mother contacted OCRA to explore how he could leave the nursing facility with older residents and find housing with residents closer to his age. The Clients’ Rights Advocate contacted Sam’s regional center and now, together with Sam’s parents, a discharge plan has been drafted. The plan is first to transition into a less restrictive Intermediate Care Facility and ultimately, to a group home that offers the type of nursing care that Sam needs. Read other stories in the 2010 Annual Report here.

Kaiser health facilities change service dog policies statewide

Service animals help people with disabilities more easily navigate their communities and, for some, provide needed emotional support. Katherine Michalek has physical and mental disabilities, and uses a service dog, Shannon, to assist her. While an in-patient at Kaiser Hospital in San Diego, in the middle of the night, Michalek and her husband were woken up by staff and Shannon was ejected from the hospital. We filed suit alleging discrimination based on state and federal law and reached a settlement which benefits thousands of Californians with disabilities statewide. Under the settlement, Kaiser agreed to develop a new policy that allows service dogs to accompany the individual to all areas of the facility except where the animal could pose a threat to the health and safety of others. Read other stories in the 2010 Annual Report here.

85 year old apartment owner granted permission to make her entryway safer

Louise Kim, a Central Valley senior citizen with mobility and balance limitations, wanted to add a handrail to her apartment entry, at her own expense. Because her landlord ignored her requests for this simple addition, she came to us for help. Our Fresno staff made a reasonable modification request on her behalf, which was soon granted by the apartment complex manager. Read other stories in the 2010 Annual Report here.

Para-transit operator required to reinstate blind client

Due to low-income and mobility and vision disabilities, Olga Barraza is dependent on paratransit to get around her community. So, she was quite upset to be suspended from use of the service for reported “no shows” and came to our Los Angeles staff for help. We were able to clarify that the problem was primarily a communications breakdown; that Olga had requested audio service notices as reasonable accommodation for her blindness. Her services have been reinstated and she will receive audio notices. Read other stories in the 2010 Annual Report here.

Reasonable accommodations for a future teacher

Ken Ishida, 43, is a regional center client who has taken the California Basic Educational Skills Test (C-BEST) several times in his quest to become a teacher. His education is being funded through the Social Security PASS program, but time was running out for him to complete his studies. Because of his disability, Ken uses the adapted computer programs, “Math Talk,” and “Dragon Dictate” in his school work and for taking tests. When the C-Best administrators refused to let him use the software as an accommodation to finish the test on time, he contacted the Office of Clients’ Rights Advocacy (OCRA). OCRA staff challenged the denial and helped Ken to successfully advocate for himself. He was awarded the accommodation and is pursuing his dream to become a teacher. Read other stories in the 2010 Annual Report here.

Protecting rights in state hospitals and the community

Our California Office of Patients’ Rights (COPR) was successful this year in preventing the denial of rights of residents in state hospitals. It assisted the Department of Mental Health in implementing least restrictive measures and in preserving residents’ rights to retaining personal property. One example is that in several of the state hospitals, personal computers have been removed from residents as part of criminal investigations. However, in addition to removing the computers, staff often removed all electronic devices and accessories that were not necessary to the criminal investigations. Our on-site Patients’ Rights staff successfully advocated for the return of these extra items to their owners. Read other stories in the 2010 Annual Report here.

Outcry about chicken coops used for board and care “housing”

In late September 2009, our Investigations Unit responded to complaints that elderly clients with disabilities in San Bernardino were being housed in converted chicken coops, surrounded by razor wire and metal fencing. Reportedly, meals were served outside the barracks regardless of weather, and bathroom facilities were primitive. Shortly after, the facility owner was arrested for suspected elder and dependent adult abuse at several unlicensed board and care homes in San Bernadino. The unlicensed facilities were shut down. Ultimately, the case was not prosecuted for various reasons, but we have continued to monitor the conditions at the two remaining rooming houses owned by this provider. We are working with the San Bernadino County Mental Health and County Patients’ Rights offices to ensure that any new board and care abuse cases are referred to us. Read other stories in the 2010 Annual Report here.

Office of Clients' Rights Advocates works to end discrimmination

Group home resident attends brother's wedding Sue Shui had made plans to attend her brother's wedding. She notified her group home and her conservator of the wedding date and was given approval to attend from both. A week before the wedding Disability Rights California received a frantic call from Shui stating that her conservator had told her and her group home that she could not attend the wedding. The conservator was threatening the group home if they allowed Shui to attend. We worked together with the Regional Center and Shui's sister to ensure that her rights would not be violated. Shui was able to attend her brother's wedding.

OCRA Success Story: Bon Voyage

Diana Montana had found a good deal on a cruise to the Bahamas – under $1000 – and arranged that the cruise line would deduct a set amount each month from her account until the balance was paid. Because of her cerebral palsy, Montana had been clear about her access needs from the beginning, using an electric wheelchair that she could control and no one would have to push throughout the huge ship. So, she was upset when told that she would have to use a folding wheelchair because the cabin doors were not wide enough for her electric one.

Her only alternative, according to the management, was to spend $2000 for an upgrade to a brand new accessible ship.

Next, Montana called an OCRA staff member, who explained accessibility law to the director. The director then offered an upgrade without cost and made it possible for Montana to add two guests to the package for a nominal fee.

Ralf Hotchkiss of Oakland, who designs wheelchairs for developing countries, finds out about the latest resources from OCRA Advocate Yulahlia Hernandez and Will Schell, Staff Attorney, who staffed our table at a local disability technology conference in Sonoma.

(left) Ralf Hotchkiss of Oakland, who designs wheelchairs for developing countries, finds out about the latest resources from OCRA Advocate Yulahlia Hernandez and Will Schell, Staff Attorney, who staffed our table at a local disability technology conference in Sonoma. Photo by Jose Arroyo

 

Social Security Administration to pay $500 million to 80,000 wrongly identified “fleeing felons”

In 2008 Rosa Martinez, 52, of Redwood City, California was abruptly cut off from her disability benefits due to an outstanding Miami drug warrant dating back to 1980. However, she had never been arrested, never used illegal drugs and never been to Miami. SSA officials told her she could not appeal until she had settled the warrant, putting her into the same limbo as approximately 80,000 other Americans who were denied benefits because they were accused of fleeing a former address to avoid felony prosecution or prison. By the time Martinez found legal help to challenge SSA, she was nearly destitute.

Settled in September 2009, the class action case (Martinez v. Astrue) was brought by the National Senior Citizens Law Center with our assistance. Marilyn Holle, attorney in our Los Angeles office who worked on the case, said, “Many of the people who were denied or stripped of benefits did not know there were decades-old warrants against them, others were misidentified. This settlement will help a lot of low income seniors and people with disabilities – many in California – to hold on to their homes.” Our staff is helping to locate Californians who were wrongly denied and to assist them in reapplying and in some cases claiming back benefits.
Details on the suit and settlement. Read other stories in the 2009 Annual Report here.

High school student goes to Germany

In all 4 years of high school, Nietsche Swauger took German, planning to spend part of his senior year in Germany under the German American Partnership Program. Although he qualified for the program in every way, the school district decided that, due to his autism, Nietsche’s participation would be too problematic for the chaperone and the German school to manage. Nietsche and his parents disagreed with the decision and came to Disability Rights California for help. We convinced the school that denying his participation due to autism violated the Americans with Disabilities Act. The case settled and the school district arranged for Nietsche to travel to Germany with his peers, live with a host family, attend the local high school and, as a disability accommodation, paid for his mother to attend as his aide. Read other stories in the 2009 Annual Report here.

Avid high school athlete participates in the summer

Martha Gilliam is a 17 year old high school student with an avid interest in sports. She participates on the cross country and track teams with only slight modifications for her intellectual disability. Although she has been a member for years, Martha was denied the opportunity to practice with the teams during the off-school season and non-school days. Our advocacy resulted in provision of an aide for Martha during team practices on Saturdays and during the summer. Read other stories in the 2009 Annual Report here.

Spanish educational assessment results in service eligibility

As a first grader, Izquierda Garcia had health issues from a prior cancer treatment, was not progressing at the pace her parents expected and they were worried. They saw that their daughter had poor motor skills and was often fatigued, but they could not convince the school district that she needed an evaluation. We worked with the parents to request an educational assessment in Spanish, and, finally in May 2009 Izquierda was found eligible for special education services. Read other stories in the 2009 Annual Report here.

Better wheelchair aids college student

Ben Treffers, a student who lives close to campus which is full of steep streets, needed a more powerful wheelchair to get to class, to doctor appointments and around the community. Medi-Cal agreed to replace his chair but refused to pay for one with a more powerful motor. With the help of our staff, Ben submitted supporting evidence of how the more powerful chair would aid his independence in college and Medi-Cal approved the request. Read other stories in the 2009 Annual Report here.

University welcomes Jack Dewildt back into program

Jack Dewildt called the San Diego office for help after he was dismissed from the private university program he had been attending. He had taken four days off to focus on his mental health. Perhaps due to miscommunication, the university told Mr. Dewildt not to return to his clinic site. They then dismissed him from the program for violating the university’s absence policy. Read more here.

Success in getting SSDI overpayment waived

In 1980, N.M. suffered a traumatic brain injury (TBI) and lost her eyesight in a motorcycle accident. Because her disabilities kept her from working, she received Social Security Disability Insurance (SSDI). Read more here.

Yes, Stephanie can write her name

Stephanie Perez was in a special kindergarten day class. Because her family members, who speak only Spanish, were worried that Stephanie's placement was not right for her, they asked Celeste Palmer to observe the class in action. Celeste went to Stephanie's classroom and watched, but when she started to leave, Stephanie began to cry. Learn why Stephanie was crying ...

Judge rules EPSDT is not an alternative resource

Molly DeJournett is 18 months old and has disabilities. Because she was born prematurely, she needs 24-hour monitoring and assessment to ensure she gets enough oxygen. ... Molly’s mother provides Molly’s IHSS services. When she asked for more IHSS hours to care for Molly, the Administrative Law Judge denied the request. Find out how Molly's mother got the needed hours and EPSDT services ...

Nursing facility 250 miles away from family is not acceptable

Because he has quadriplegia from an accident, Leroy Nolan has spent the more than 10 years in nursing homes. He has bounced back and forth between nursing homes and acute care hospitals because the community nursing homes could not keep him healthy. He is eligible for both Medi-Cal and Medicare benefits. Find out how Mr. Nolan's cousin stepped in to take over his care ...

Teen finally gets necessary behavioral services

At age 13, Jordan Widmayer has a long history of severe behavior problems. He has special education services under the category of Emotional Disturbance (ED). His history of poor social skills, and of social, emotional and behavioral concerns is well documented. Read about Jordan's quest for an appropriate education ...

Patton client will have medical care

Jason Patkar has both psychiatric and physical disabilities. Since his admission to Patton State Hospital, he had been bothered by an injury sustained just before he got there. Find out how Mr. Patkar has fared in getting medical treatment at Patton ...

Social Security waives overpayment

Janice Lingel was injured at work in early 2001. Later that year, she was awarded Social Security Disability Insurance (SSDI). She also began receiving Workers’ Compensation benefits. ... in September 2005 she got a notice of SSDI overpayment. Read more about why the judge waived the entire overpayment ...

Teacher can now use her wheelchair at work

Helen Sarralde is a high school special education teacher who has polio-related disabilities. Last summer, Ms. Sarralde’s primary care doctor prescribed a wheelchair - for use at work as well as at home. Find out how Ms. Sarralde got the school to accommodate her wheelchair ...

Housing provider agrees to make units accessible

In 2004, Grady Rankin called the Oakland office because his unit in an apartment complex was not accessible. It should have been, because the complex was getting federal funds under the McKinney Homeless Services Act and the project-based Section 8 program. Learn more about how Mr. Rankin got the managers to make more units accessible ...

Good record keeping gets benefits back, overpayment waived

... Due to her earnings, the Social Security Administration (SSA) cut off Edna Willhoit's SSDI benefits and charged her with a $44,395 overpayment. Ms. Willhoit filed for a waiver of the overpayment and contacted the Los Angeles office. How Ms. Willhoit's records helped her avoid penalties and lost benefits ...

Deaf inmate will have sign language for mental health treatment

Damian Ritt has a mental health disability, and he is deaf. For eight months Damian has been in the mental health treatment unit of a Division of Juvenile Justice (DJJ) correctional facility. Read more about Damian's struggle for reasonable accommodations ...

Parents can share mobile home with their grown son

Circumstances forced Randall Placht move into his parents’ mobile home. He has a psychiatric disability and needed a place to live. When the seniors-only mobile home park told him he had to move because he was not a senior, Mr. Placht called the Oakland office. What happened next ...

Mandamus relief restores housing subsidy

In January 2007, attorneys in the Los Angeles office filed a mandamus petition for Margaret Ferst. Her Section 8 benefits had been cut off because of allegations that she threatened staff at a public housing authority. Learn how Ms. Ferst got her Section 8 benefits back ...

Homeless, abandoned, abused teenager qualifies for CCS

A teenager from Central America, Henrique Casas. was homeless, abandoned and abused. With help from the Center for Human Rights (CHR) he was trying regularize his immigration status. He was staying at a homeless shelter/half-way house for teens. Diagnosed with a serious medical condition, Henrique needed intensive treatment. Read more about Henrique and how he survived ...

Housing authority restores Section 8 rental assistance

Ruth McGrave, who has multiple disabilities, got a letter cutting off her Section 8 rental assistance. The letter said she did not provide all the documents needed for her annual recertification. Ms. McGrave asked for an informal hearing, noting that ... Find out how Ms. McGrave coped with the housing authority ...

Mental health information should not be public

Anita Tartalome, a physician’s assistant, called the Sacramento office after the California Medical Board posted a copy of her probation agreement on its website. The agreement included references to Ms. Tartalome’s disability. Learn how Ms. Tartalome got her privacy back ...

Opinion letter nets medical device

When Walter Sporl went into one of California’s state hospitals, the authorities took a medical device away from him. Without the device, said Mr. Sporl, his physical problems got worse. So he asked the Sacramento office for help. Find out what happened to Mr. Sporl's medical device ...

University welcomes Jack Dewildt back into program

Jack Dewildt called the San Diego office for help after he was dismissed from the private university program he had been attending. He had taken four days off to focus on his mental health. Perhaps due to miscommunication, the university told Mr. Dewildt not to return to his clinic site. They then dismissed him from the program for violating the university’s absence policy. Find out how Mr. Dewildt finished his university program ...

Assessment shows need for assistive technology

Eighteen-year-old Zachary Miller needs help with all of his daily living activities. Besides the personal care she provided, it was obvious to his mother that Zachary needed assistive technology equipment - such as a lift, a bath chair, a hospital bed, and more. Find out how Zachary got the equipment he needs ...

Student can substitute test as a reasonable accommodation

A young man with a developmental disability, Stephan Lydon was in a Healthcare Technology certificate program at a community college. One of the requirements for the certificate is a general education math course. Due to his disability, Mr. Lydon feared he could not pass the math course. Find out how Mr. Lydon convinced the college ...

Community-based mental health and support services at last a reality

For some time, Lacy Cunningham has been living in the community. She has a psychiatric disability, but she could not get the supports and services she needed to help her to live as independently. She asked the Los Angeles office to help her get those supports and services. Find out if Ms. Cunningham got those supports and services ...

James "Jimmy" Campbell finally gets waiver services

In June 2007, Jimmy Campbell finally went home - after five and a half years in an acute care hospital. He had remained there because the 24-hour care his doctor ordered was not available until the state amended its Home and Community Based Services (HCBS) Waiver program. Because he has a progressive neurological condition, Mr. Campbell needed 24-hour care. Follow Mr. Campbell on his quest for home care ...

Legal clients need effective communication

Dimitrio Gutierrez, who is deaf, called the Los Angeles office when his attorney, apparently frustrated with passing notes back and forth, told him to “bring an interpreter next time.” When Mr. Gutierrez asked the attorney to pay for the service, the attorney refused. Read more about Mr. Gutierrez's right to have an interpreter ...

Nightclub patron asserts his rights in court

Oscar Tannenbaum called the Los Angeles office after bartenders at a large Los Angeles nightclub denied him service on Valentines Day 2007. Mr. Tannenbaum, who uses a wheelchair and has impaired speech, visited the club with his attendant. He tried to buy a drink, but was denied service. A waitress confided to Mr. Tannenbaum that two bartenders had told her not to serve him. Find out how Mr. Tannenbaum dealt with the nightclub ...

13-year-old girl will finally get the services she needs

Gina Maldonado’s disability disrupted her sleep, disrupted her family’s sleep, and caused other behavior challenges. Because no one could sleep, her family found that they could no longer work and care for their other daughter. Read more about what happened to Gina ...

Teen avoids expulsion from high school

Alberta Whitney was 15 years old and in high school. She had special education services because of specific learning disabilities. In November 2007, the school district suspended her for allegedly pushing a teacher’s aide during a fight with another student. On December 4, the school district held a manifestation determination review (MDR) to discuss expulsion. More about how Alberta got the services she needed ...

Technical assistance nets a health plan to cover needed infusions

Jenna Marie Wilder has chronic inflammatory demyelinating polyneuropathy (CIPD). The neurological disorder causes weakness and impairs sensory function in her legs and arms. Until Medicare kicks in, Ms. Wilder has healthcare benefits through her former employer’s self-insured health plan. Read more about how Ms. Wilder found a way to get the infusions she needed ...

Turney seating system and DD waiver lighten mother’s care

Zeke Mandheim is 18. He has developmental disabilities and cannot walk or speak. His mother, a single parent with health problems, is Zeke’s attendant. When his mother could no longer safely transfer Zeke to and from her vehicle, she called the San Diego office. Learn how Zeke's mother got a Turney system for her car ...

School district retracts expulsion

Andy Melton qualified for special education because of a specific learning disability (SLD). His father called the San Diego office when the school tried to expel Andy for fighting. The fight occurred off campus after school. Read more about Andy's behavior support plan ...

Archived success stories