1,635: Friends on Facebook
Pg. 2
Dear Friends,
We are pleased to present the 2016 Annual Report of Michigan Protection & Advocacy Service, Inc. (MPAS). MPAS is the federally designated protection and advocacy agency mandated to serve people with disabilities throughout the state of Michigan.
A 2015 federal study reported that one in every five adults - 53 million Americans - has a disability. Disability is a universal experience that affects all aspects of life - mobility, thought, memory, independent living, vision, self-care, to name a few - and knows no boundaries of race, gender, age, language, income, or political party.
Disability is everywhere, yet people labeled with disabilities are often segregated, mistreated, excluded, and feared. That's when we go to work. We use words like equality, dignity, independence, and freedom to drive our advocacy. In 2016, MPAS worked to:
Improve safety for one of the most vulnerable populations in the country. MPAS policy and monitoring initiatives reduced the use of restraint and seclusion in schools and held caregivers accountable for abuse and neglect in nursing homes.
Protect individual liberty. From person-centered planning to voting rights, MPAS activities helped people with disabilities realize the right to make choices about all aspects of their lives, from daily routines to major life events.
Ensure equal opportunity to pursue the American dream. MPAS activities protected necessary community services and supports, promoted access to competitive, integrated employment, and returned children with challenging, disability-related behavior to school.
MPAS did its work at no cost to clients, stressing person-to-person contact between people with disabilities and advocates, and worked within its budget as a responsible steward of public funds.
Disability is a natural part of the human experience. One can be born to it, or one can acquire it at any time in life. As your Board President and Executive Director, we are family members of people with disabilities, and one of us (Elmer) is a recent stroke survivor. To us, rights protection is now more personal than before, but at the same time we are reminded that the struggle for safety, liberty, and opportunity is a universal one. We hope this Annual Report shows that the struggle is not only universal, but worthy and winnable.
Sincerely,
Thomas H. Landry, PresidentElmer L. Cerano
MPAS Board of Directors Executive Director
Pg. 3
What Our Clients Are Saying About Us
"This is the second time I've called. Both times I was treated with respect, listened to, and truly helped. Thank you!"
"Fantastic service and helped reinstate services."
"Thanks for listening."
"Thank you! Very helpful, prompt, and knowledgeable. I will definitely make sure to use your services again if needed."
"The advocate I spoke to was absolutely amazing and very, very helpful."
"Excellent help and service."
"Thank you very much, my son will benefit greatly!"
"Everyone was extremely helpful and genuinely concerned. I really felt compassion."
"I am happy and will keep using your services."
"You're always super helpful."
"You are an informative and invaluable resource to the community."
"I had great help with my questions."
"Thank you for all your help with a 504 plan for my student!"
"I have been through a stressful period in my life and was happy to be listened to for a change."
"Helped above and beyond. Excellent advice and service. Thank you."
Pg. 3
MPAS By the Numbers
7,374: Number of individual callers advised by MPAS Information and Referral advocates in 2016. Callers had questions about education, housing, human services, discrimination, health care, Social Security, conditions in institutions, and many other issues affecting the rights of people with disabilities. MPAS advocates listened and provided live, real-time responses, helping callers understand their rights and take concrete steps to address their problems.
$30,000: Fines ordered against nursing home staff against whom charges of neglect were substantiated through MPAS investigations and licensing complaints. MPAS staff reviewed 195 nursing home surveys, opened 11 individual and 30 systemic investigations, and filed numerous complaints against the individual licenses of staff involved in those findings. Over the three-year life of this project, in addition to the fines, 47 licensed professionals have been placed on probation, six professionals have been permanently banned from working in facilities accepting Medicaid or Medicare, and 158 continuing education courses have been ordered.
445: Children and adults with disabilities served by Michigan's community mental health (CMH) or other human service programs who received direct advice or assistance from MPAS. MPAS engaged in legal advocacy to restore critical community services to individuals, enabling them to remain in their communities, and was a part of the statewide work group tasked with maintaining the publicly-accountable mental health system to protect the service rights of over 248,000 service recipients.
40: Children residing in a state psychiatric hospital who benefited from new trauma-informed care practices adopted after MPAS successfully brought suit on behalf of a young man with a trauma history who was abused by other residents at the direction of hospital workers.
39,495: Visits to MPAS' website. MPAS also reached 10,448 people each quarter through our quarterly newsletter, The Exchange, 884 people through face-to-face outreach events, and 1,635 friends on Facebook. MPAS also distributed 11,435 publications, booklets, and brochures, including our popular Special Education Advocate's Manual.
75,264: Number of students with disabilities most impacted by MPAS systemic special education complaints against the Michigan Department of Education (MDE). MPAS' complaints focused on the state's general supervision of schools and how they met the needs of children with challenging disability-related behavior. After the complaints were substantiated, MDE redesigned its complaint investigation process to better serve students and families.
3,000: Children with disabilities restrained or secluded in Michigan schools each year. MPAS supported legislation that placed significant restrictions on use of these dangerous practices.
90.7%: Number of clients surveyed who indicated they would use our services again.
Pg. 4
MPAS Advocates to End Use of Improper Restraint and Seclusion in Michigan Schools
In February 2016, members of the Michigan House of Representatives introduced 10 bills to restrict the use of restraint and seclusion in schools. MPAS staff provided substantial technical assistance and support to help bring these bills forward for consideration. The legislation came up for its first hearing in April. Here are excerpts from MPAS' testimony:
In 2009, U.S. Secretary of Education Arne Duncan wrote to state superintendents about the “abusive and potentially deadly misapplication of seclusion and restraint techniques in schools.”
In Michigan, seven years after Secretary Duncan’s letter and 13 years after two students died while being restrained in school, thousands of Michigan schoolchildren are harmed by restraint and seclusion. Public schools are still the only service system where these practices remain unregulated and unreported.
The U.S. Department of Education, Office for Civil Rights, showed there were over 2,000 incidents of seclusion and 2,500 incidents of restraint in Michigan schools. Nearly two-thirds of those incidents involved students with disabilities. In addition, MPAS surveys parents who call about disability-related behavior issues in school, including the use of seclusion or restraint. Since our most recent round of surveying began in 2014, 290 parents have reported on the use of restraint or seclusion - 49 in the past three months. Here are some of the most recent reports:
- A 16 year old girl with an intellectual disability was locked in a seclusion room over her lunch period.
- A 7 year old boy with ADHD was restrained for two hours by staff.
- A 6 year old child with mental illness was locked in a supply closet.
- A 6 year child with an emotional impairment was dragged down a hallway wrapped in a mat, then locked in a room.
- A 15 year old student was pushed against a wall and held there.
- A 12 year old student was shoved into a seclusion room, leaving marks, scratches, and hand injuries.
- A 5 year old child was held up against a wall for not completing class work. Later the same child was held with his mouth closed, limiting his ability to breathe.
- A 12 year old student was repeatedly secluded in a 6x6 room with a low ceiling.
- A 7 year old student was restrained in a bear hug or forced into a padded room.
- An 11 year old girl was held in a dirty, padded room for 40 minutes.
This legislation is long overdue. We look forward to joining other states in placing meaningful legal limits on the use of these dangerous practices.
In December 2016, after over a decade of advocacy by MPAS and the advocacy community, the bills were approved by the House and Senate and signed into law by the Governor.
Pg. 5
Making Life Safer for People with Disabilities
MPAS staff filed a due process hearing request on behalf of a 9-year-old boy with emotional impairment and developmental delays after the boy had his head slammed into a wall during a restraint by facility staff. The boy had no individualized behavior plan at the time. The result was a settlement agreement awarding 1:1 services, compensatory education, training for school staff, money for extracurricular activities and attorney's fees. The boy now has a chance to be successful in his educational program.
An 80-year-old woman in a nursing facility was injured and ultimately died due to those injuries when her staff failed to follow her care plan. The care plan detailed the proper use of a mechanical lift. MPAS advocates reviewed the investigative reports and then filed administrative complaints against the staff. The aide was found to have neglected the woman and the aide is no longer allowed to work in facilities that accept Medicare or Medicaid.
A 15-year-old boy with autism and intellectual disabilities was assaulted and beaten in a shower by other residents at a state children's psychiatric facility. Investigation showed that two staff members encouraged the residents to attack the boy. An MPAS attorney prepared a complaint and sent a demand letter to the state. The state eventually settled, the client received monetary relief that was placed in a court-supervised trust, and the facility staff involved were fired or disciplined. Shortly thereafter, the facility began implementing a trauma-informed care model on all its units.
In order to obtain records needed for nursing facility investigations, MPAS lawyers filed suit against four nursing facilities and one hospital. These suits were filed only after MPAS clearly put the facilities on notice as to our records access authority. In each case, the facility provided the requested records shortly after filing of the litigation.
An 8-year-old boy with muscular dystrophy was being physically restrained in a rural school district. The use of restraint was especially dangerous for this child because of his brittle bones. MPAS staff reviewed records and linked the family with a behavior support expert who recommended alternative supports. The school district hired the expert to consult, the child's behavior changed dramatically, and he returned to school successfully.
Pg. 6
Judy's Story: Newfound Independence
As of July 2016, Judy is finally able to go outside with the help of her accessible ramp. For 21 months and 5 days, Judy could not leave her condominium without assistance while her condo association deliberated over whether to allow her to build the ramp she was legally entitled to. With the help of staff from the Fair Housing Center of Southwest Michigan and MPAS, Judy was able to come to an agreement with her condo association allowing a ramp to be installed.
Judy moved to her complex in September 2014. Judy immediately began sending numerous messages to the condo association and property management company regarding getting a ramp installed to her unit, and thus allowing access to the community with her wheelchair. Unfortunately, her request for assistance was met with numerous demands. The condo association placed requirements on the bidding process, including a 3D computer animation of the ramp and the approval of three residents who share use of the common area the ramp was to access. Contractor Senior Services agreed to help Judy pay for the ramp, giving her up to $500. The association added extra items, increasing the cost to $1,015.
In April 2016, Judy was encouraged to call MPAS. At that time, the condo association agreed to build the ramp but was placing uncooperative conditions in the contract. For instance, if Judy were to move she would be required to remove the ramp 30 days before her departure. With MPAS' intervention, the extra conditions were dropped and Judy's ramp was completed.
"I am so thankful for MPAS. They took all of the stress I was carrying and made it go away," said Judy. "My condominium association would not acknowledge me until Fair Housing and MPAS got involved. I feel like I'm no longer trapped in my own home. I was under house arrest for no other reason than they didn't want me to have a ramp. I would tell other people to call MPAS and don't give up. It's worth it; I am so excited to go outside now," Judy continued.
Judy is currently utilizing her ramp to the fullest. She is able to go to her doctor's appointments and was able to visit the pool in her complex for the first time this summer.
Pg. 7
Protecting Individual Liberty for People with Disabilities
MPAS was contacted by an individual who, because of her disability, was experiencing difficulty accessing services from the Michigan Secretary of State's office. The office was using new kiosks that were not accessible to people who are blind. The individual then approached the staff at the office to discuss the accessibility issue, but they did not seem concerned. To investigate the client's concerns, an MPAS advocate and attorney went to see the machines. They were found not to be accessible to people with visual impairments. MPAS filed a complaint on the client's behalf with the Department of Justice. A change was made to the Department of Justice website so people who have visual impairments can file complaints on their own. MPAS was also able to get the Secretary of State's office to change their complaint form on their website made so it is more accessible for people with visual impairments. In addition, MPAS was able to prompt changes made to most of the other state websites.
A woman with a seizure disorder moved into a domestic violence shelter. Unfortunately, the shelter had a policy that prohibited residents from having a service animal on the premises. This client needed her service animal, as it assisted her in recognizing when she was about to experience a seizure and helped steady her. MPAS staff was able to convince the shelter to change its policy to comply with the ADA.
A woman with a serious visual impairment had been providing Home Help Services to her adult son. However, the state agency that administers this program determined that, due to the mother's serious visual impairment, she could not perform the tasks required of someone in that position. This determination was made, even though she had been providing assistance to her son for years. When the state refused to budge, suit was filed in federal court, asserting violations of the ADA. MPAS retained a vocational expert who opined that the client was fully capable of performing the essential tasks. Shortly thereafter, the state agreed to a monetary settlement and a return to work for our client.
Pg. 8
Flint Mother Gets Courage to "Speak Up and Not Be Afraid"
In fall of 2014, a mother living in Flint was told her 5-year-old daughter, Maddeline, would not be permitted to enroll in kindergarten because she was not fully toilet trained. Maddeline, who is diagnosed with attention deficit hyperactivity disorder (ADHD), speech and language delays, and additional impairments, never received evaluations from the school district to determine if special education services were needed. With the help of a Genesee County community mental health worker, Maddeline was able to eventually attend school. However, problems with the Flint Community Schools did not stop there.
"I was told Maddeline caused chaos in the classroom and was too much work for the staff," said Maddeline's mom. "Her class took a field trip and left her in wet underpants because they refused to take her backpack and change her."
Maddeline's mom, at a loss for options, called MPAS for assistance. An MPAS advocate asked the Flint school district for a copy of Maddeline's school records. Flint schools ignored repeated requests for records, which necessitated legal action by MPAS attorneys. After a prolonged delay, followed by a court ruling, requiring action, the district finally produced the documents.