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NCARF Electronic News
July 9, 2010 
In This Issue
Membership Renewals
News Release
Disability Rights NC
Mental Health Providers Change in Far West WNC
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News Release
 

ODEP News Release: [05/13/2010]
Contact Name: Clarisse Young or Bennett Gamble
Phone Number: (202) 693-5051 or x4667
Release Number: 10-0630-NAT

US Labor Department Office of Disability Employment Policy announces National Disability Employment Awareness Month theme

2010 theme celebrates workforce diversity and workers with disabilities

WASHINGTON - The U.S. Department of Labor's Office of Disability Employment Policy today unveiled the official theme for October's National Disability Employment Awareness Month: "Talent Has No Boundaries: Workforce Diversity INCLUDES Workers With Disabilities." The theme serves to inform the public that workers with disabilities represent a diverse and vibrant talent pool for hire.

Early announcement of the theme helps communities nationwide plan a series of events, some of which will continue throughout the year beginning in October, such as proclamations, public awareness programs and job fairs that showcase the skills and talents of workers with disabilities.

This theme epitomizes Secretary of Labor Hilda L. Solis' commitment to "good jobs for everyone."

"The solutions and innovations applicable to the successful employment of workers with disabilities impact the entire workforce, including aging workers, injured workers, at-risk youth, women, people of color, and unemployed and underemployed workers," said Kathleen Martinez, assistant secretary of labor for disability employment policy.

As background, Public Law 176, enacted by the Congress in 1945, designated the first week in October each year as "National Employ the Physically Handicapped Week." President Harry S. Truman designated the President's Committee on Employment of People with Disabilities to carry out the Act. In 1962, the word "physically" was removed from the week's name to acknowledge the employment needs of all Americans with disabilities. Congress expanded the week to a month in 1988 and changed its name to "National Disability Awareness Month," which eventually evolved to its current name. The Labor Department's Office of Disability Employment Policy took over responsibility for National Disability Employment Awareness Month in 2001.

Members of the public with questions related to the theme should contact Carol Dunlap at 202-693-7902. Members of the press should contact the individuals named above.

 
 
Disability Rights NC Receives Advocacy Award
 
June 29, 2010

Disability Rights North Carolina received the Advocacy Award during the
National Disability Rights Network (NDRN) annual conference held in Los Angeles earlier this month. The Award was given in recognition of the
nonprofit organization's outstanding work in protecting the rights of people
with disabilities to live in the community. Vicki Smith, Executive Director
of Disability Rights North Carolina, accepted the Award on behalf of the
organization's Board of Directors and staff.

Prior to the Award presentation, Assistant Attorney General Perez of the US Department of Justice spoke about the Americans with Disabilities Act's (ADA) promise and progress in civil rights enforcement. He noted that, despite the ADA and the Olmstead decision, "tens of thousands of Americans with disabilities are still unnecessarily and unconstitutionally confined in institutions, some with unspeakably dangerous conditions."

Perez's remarks were made during a plenary session highlighting the advances in the realization of rights since the ADA was enacted 20 years ago this July 26. Disability Rights North Carolina received the Advocacy Award based on its early success in a class action filed in the US District Court for the Eastern District of NC in December 2009. The Marlo M. v. Cansler legal action was filed in response to a notice that state funding for services that allowed the plaintiffs to live independently would be terminated, which would have forced them into group or institutional housing. "We are the first in the country to use a reverse-Olmstead argument," stated Smith. "If the US Supreme Court in Olmstead required states to provide services to people with disabilities in the most integrated setting - community settings instead of more restrictive institutional settings - then it demands that the state is obligated to keep people in the most integrated setting."

Perez represented the US Department of Justice at the preliminary injunction hearing in Marlo M. At the NDRN conference, Perez remarked, "In tight budget times like these, we must be persistent in our insistence that jurisdictions not allow themselves to move backwards because of declining revenues. The [DOJ's] Civil Rights Division intervened in two cases in North Carolina over the issue of allowing individuals who have been placed in community settings to stay there. While the [Marlo M.] case is ongoing, we successfully obtained a preliminary injunction that will keep the individuals whose lives in the community are threatened by the budget cutbacks in their homes and
communities.

"In the three years since becoming North Carolina's federally mandated
protection and advocacy system, we have been challenged to fulfill the
expectations of the disability community," Smith said as she accepted the
Award. "We had to hit the ground running. It is an honor to be recognized by our peers. Our ongoing challenge will be to see that the state's budget
crisis does not reverse the progress made over the past 20 years. This Award marks but one small success in the journey to create a state, a nation, where every individual has access to equal opportunity and equal justice."

Other recipients of awards at the NDRN conference included a private law firm, Howrey LLP, recognized for successful strategies in major class action California lawsuits filed due to discrimination based on the ADA; and classical musician Nathaniel Ayers, whose success story in the book and film, "The Soloist," made a positive impact in the media about mental health challenges. Recognized  for their media achievements were: Andrea Friedman, actress, for her progressive television portrayals of life with a cognitive disability; Alan Toy, actor and president, Southern California branch of ACLU, for progressive portrayals of characters with disabilities; and Mark Chambers, the named plaintiff in Disability Rights California's legal action resulting in 500 community living opportunities for Laguna Honda Hospital residents, and star of "Far from Home," a documentary about the case.

Disability Rights North Carolina is a 501(c)(3) nonprofit organization with
offices in Raleigh and Asheville. Its team of attorneys, advocates,
paralegals and support staff provide advocacy and legal services for people with disabilities across North Carolina. If either you or a family member has a disability and you believe your legal rights have been denied, call Disability Rights North Carolina for assistance.

Disability Rights North Carolina
2626 Glenwood Avenue
Suite 550
Raleigh, North Carolina 27608

Tel: (919) 856-2195

Email:  info@disabilityrightsnc.org

 
 
Mental Health Providers Change in Far West WNC
 

BY NANCI BOMPEY * JULY 1, 2010
http://www.citizen-times.com/article/20100701/LIVING/307010029

More mental health patients in North Carolina's seven westernmost counties
could be served by a new provider taking over services this month.

Starting today, Smoky Mountain Center will no longer be providing mental
health services at Haywood Regional Medical Center and Balsam Center. It is
also divesting of its mobile crisis management and outpatient psychiatric
services in the region.

Haywood Regional, which previously contracted for the services, will take
over the 16-bed behavioral health unit at the hospital. Appalachian
Community Services will provide services at the 16-bed Balsam Center, a
short-term, facility-based crisis service. Appalachian will also take over
the mobile crisis management and outpatient psychiatric services serving the
seven westernmost counties in the state.

Roughly 80 full-time equivalent positions will move to Appalachian, and the
number of staff could increase, said Doug Trantham, director of the services
Smoky provided and now the clinical director for Appalachian. He said having
Appalachian provide the services, along with the services they are already
providing, will mean better integration of care for patients.

"Even if we weren't adding positions, I am confident we would be able to
serve somewhat more people and we could serve the people we are serving now better," he said.

Smoky Mountain Center, a local management entity, received a waiver to
provide services following mental health reform. Local management entities,
or LMEs, were supposed to divest of the direct services they provided and
become managers of the local service system, with private providers
providing direct services.

Smoky Mountain, like many other LMEs around the state, received the waiver
because there weren't enough private providers in the westernmost counties.
Today, it is only one of a handful of LMEs in North Carolina still providing
services.

Jim Pitts, president of the local and state chapters of the National
Alliance for Mental Illness, said Smoky had a good reputation and hopes the
services it provided will continue.

"I'd say patients and the public ought to be concerned when there is no
public provider," he said. "The private providers do well under the state
regulations ... but without the regulations they will drop services that
aren't paying for themselves."

The move from Smoky to Appalachian and Haywood Regional is in line with the state's newest regulations that seek to have mental health services provided by fewer, larger providers, said Brian Ingraham, CEO of Smoky Mountain Center.

"We understand that this is going to be a long-term relationship and a
commitment to sustain these services," Ingraham said. "We are not going to
let it fail."

 

 

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***The information in the NCARF Weekly Update is presented for informational purposes.  Unless expressly stated, opinions may not be the opinion of NCARF as an organization.  Inclusion of information in the Weekly Update is not meant to imply endorsement by NCARF or its member organizations.  NCARF cannot guarantee the accuracy of all information that is passed along from various outside sources.
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