RSA-509 for FY-2016: Submission #103

Nebraska
9/30/2016
General Information
Designated Agency Identification
Disability Rights Nebraska (formrly Nebr Advocacy)
134 South 13th St.
Suite 600
Lincoln
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68508
http://www.disabilityrightsnebraska.org
(402) 474-3183
(402) 474-3183
(800) 422-6691
(800) 422-6691
(402) 474-3274
Eric A. Evans
Eric A. Evans
Sharon T. Ohmberger
(402) 474-3183
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Part I. Non-Case Services
A. Individual Information and Referral Services (I&R)
0
207
207
B. Training Activities
16
682
Training subjects: 3 trainings to community college students with disabilities on the Americans with Disabilities Act (ADA); Guardianship law and practice in Nebraska (see full report in Priority 2) ; Olmstead and the Integration Mandate; Pathfinder Volunteer Network; Self-Advocacy Educator training; Assisted Living Issues in Nebraska; Legislator education re: restraint and seclusion and the need for a State ADA Coordinator.<p>
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C. Information Disseminated to the Public
2
1
0
11473
9781
22275
225 of 9781 publications distributed were in Spanish. 2,275 individuals were reached through Outreach efforts focused in South Omaha and Western Nebraska. The population in South Omaha is predominantly Latino. Western Nebraska is geographically broad and has concentrations of Latino and Native American populations. In early 2016, the Media Team began working with a graduate student in Integrated Media Communications at UN-L to do a thorough review of the website and extensive housecleaning of the content with an eye towards transitioning to a new template. It had been over five years since our website design was updated.<p>The Staff Attorney was featured in a television interview on the ADA and service animals, and was also interviewed for a local newspaper regarding the ADA and public accommodations. The Communications Director was interviewed by a northeast NE radio station about what the P&A does and the annual public meeting of the Board of Directors.<p>
Part II. Individuals Served
A. Individuals Served
11
6
17
0
B. Individuals served as of September 30
7
C. Problem Areas/Complaints of Individuals Served
5
1
3
3
0
1
0
0
0
1
0
0
0
0
0
2
1
D. Reasons for Closing Individual Case Files
4
1
3
0
1
0
0
1
0
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E. Intervention Strategies Used in Serving Individuals
0
1
6
3
0
0
0
0
Part III. Statistical Information on Individuals Served
A. Age of Individuals Served as of October 1
0
1
7
2
7
B. Gender of Individuals Served
10
7
C. Race/Ethnicity of Individuals Served
2
0
0
1
0
14
0
0
D. Living Arrangements of Individuals Served
12
2
0
0
1
2
0
0
0
0
0
E. Primary Disability of Individuals Served
0
3
0
4
3
0
0
0
3
0
0
3
0
0
0
1
Part IV. Systemic Activities and Litigation
A. Systemic Activities
6
557314
a.Legislative Resolution 530<p>LR 530 addressed a perceived need to amend language in state statute which requires nursing homes and hospitals to provide a ballot for registered voters. However, the issue that was discussed at the hearing for LR 530 was what action could the state take to limit voting by persons with disabilities who families or other professionals perceive as lacking the cognitive ability to do so. Suggested solutions centered on cognitive pre-tests and parents/doctors pronouncing the individual as lacking the capacity to vote (and thus preventing the individual from voting). Disability Rights Nebraska testified at the hearing on LR 530 that such restrictions would violate several established federal laws, primarily the Americans with Disabilities Act, the Voting Rights Act, and Help America Vote Act, as well as would require a re-write of the states standard for disqualifying a voter based on mental incapacity (non compos mentis) which is fundamentally different than a simply declaration of general perceived cognitive incapacity.<p>PWD affected: 40,000<p>b.Election Technology Committee<p>The Election Technology Committee of the Nebraska legislature was created to examine the need to update voting technology and how that will be financed. Disability Rights Nebraska was invited to testify before the committee and argued that the current voting technology is outdated and needs to be updated as well as the development of a uniform training module to be provided to poll workers regarding the importance of voting technology for people with disabilities and how to operate and troubleshoot the new technology.<p>PWD affected: 242,593<p>c.Olmstead Plan (Legislative Bill 1033)<p>Disability Rights Nebraska worked with Senator Kathy Campbells office to introduce a bill to require Nebraska to develop an Olmstead Plan. Disability Rights Nebraska testified in support of the bill, LB 1033, at its public hearing. The bill passed the legislature and was signed into law. Disability Rights Nebraska has a representative on the Olmstead Advisory Council prescribed in the legislation and continues to work with relevant entities regarding the development and implementation of the Olmstead Plan.<p>PWD affected: 222,000<p>d.Aging and Disability Resource Center<p>A bill was introduced in the legislature to create an pilot Aging and Disability Resource Center program (ADRC) in Nebraska to serve as a one-stop, no-wrong-door resource to connect people with appropriate services (state, public, or private agency) who contact the center with disability or aging issues. Disability Rights Nebraska offered a letter of support for this program in the legislature. Disability Rights Nebraska has a representative on the state and a local advisory councils required by the legislation to guide and develop the implementation of the ADRC project. Disability Rights Nebraska has also signed a contract to work as a resource for people who the ADRC refers to our office for assist
B. Litigation/Class Actions
0
0
Not applicable FY 16.<p>
Part V. PAIR'S Priorities and Objectives
A. Priorities and Objectives for the Fiscal Year Covered by this Report
For each of your PAIR program priorities for the fiscal year covered by this report, please:
  1. Identify and describe priority.
  2. Identify the need, issue or barrier addressed by this priority.
  3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
  4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
  5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
  6. Provide at least one case summary that demonstrates the impact of the priority.
Priority 1 - Protecting and Advocating for Human and Legal Rights<p>Need Addressed / Image of the Future: We protect and advocate for the human and legal rights that ensure the safety, personal integrity and self-determination of all people with mental or physical disabilities in the state of Nebraska and especially those who are isolated, vulnerable and at risk. We are committed to seeking justice for people with disabilities, including freedom from harm, abuse, neglect and financial exploitation.<p>Indicator / Objective 1.1: Investigate and respond to 3 allegations of practices that cause or contribute to the physical and/or emotional abuse, neglect or death, or financial exploitation of any individual with a disability in Nebraska.<p>Indicator / Objective 1.2: Investigate and respond to 6 allegations of rights violations.<p>Indicator / Objective 1.3: Research, compile and analyze licensure and certification survey data (over a 3-5 year) period from Assisted Living Facilities and Community Mental Health Centers to determine patterns and practices that contribute to abuse, neglect, rights violations, health and safety violations and barriers to access to integrated and inclusive services and supports.<p>Collaboration: We attempted to collaborate with the Department of Health and Human Services Survey and Licensure Division, but were unsuccessful in establishing a working relationship with them.<p>Number of Cases: Six PAIR cases were addressed under this Priority during FY 2016.<p>Case Example: Our client is a 26-year-old woman who has a diagnosis of hearing impairment. She was working for McDonalds located in Wal-Mart on December 6, 2015 when she expressed to her managers that she was having a hard time hearing the customers as she was working the register. She asked to work in the back that day because it was especially busy and loud that day. The manager instructed her to make a sign and place it in front of her register that says, Hard of Hearing, Speak Up. Her manager told her to tape it to the front of her register. Our client felt humiliated and upset with the way she was treated. She contacted Disability Rights Nebraska for assistance. The Disability Rights Nebraska Case advocate met with our client to obtain additional information about the events that occurred at McDonalds. We advised her to file a complaint with NEOC. The NEOC launched an investigation and is currently negotiating a settlement with McDonalds and our client.<p>Case Example: The client contacted our office regarding a complaint that her landlord was not allowing her to keep an emotional support animal in her apartment. Our initial investigation was based on our belief that our client intended to remain a tenant at her current residence. Upon further conversation with her, it became apparent that she intended to pursue a legal remedy against her landlord. Additionally, she had already begun the process to secure different housing at a property that is accessible and allows e
B. Priorities and Objectives for the Current Fiscal Year
Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:
  1. a statement of each prioirty;
  2. the need addressed by each priority; and;
  3. a description of the activities to be carried out under each priority.
PAIR Priorities and Objectives for FY 2017<p>PRIORITY 1 - PROTECTING AND ADVOCATING FOR<p>HUMAN AND LEGAL RIGHTS<p>Need Addressed / Image of the Future: We protect and advocate for the human and legal rights that ensure the safety, personal integrity and self-determination of all people with mental or physical disabilities in the state of Nebraska and especially those who are isolated, vulnerable and at risk. We are committed to seeking justice for people with disabilities, including freedom from harm, abuse, neglect and financial exploitation.<p>Indicator / Objective 1.1: Investigate and respond to 2 new and 8 current allegations of rights violations, especially those addressed under the Americans with Disabilities Act (ADA).<p>Indicator / Objective 1.2: Research best and emerging practices and develop a monitoring protocol to address environmental conditions and the provision of mental health treatment in prisons and juvenile detention facilities in the State of Nebraska.<p>Indicator / Objective 1.3: Continue on-site visits to isolated, segregated and congregated facilities and services and develop strategies to address the lack of community-based services for individuals with mental illness.<p>PRIORITY 2 - LEADING CHANGE WITHIN THE COMMUNITY<p>Need Addressed / Image of the Future: We are a community-minded organization that partners with other like-minded organizations to help people learn and serve in order to create meaningful, authentic opportunities for all people with disabilities to be fully included in communities of their choice. We recognize that community has multiple meanings, but our understanding emphasizes:<p> Non-segregation<p> Having valued social roles<p> Accessing culturally-valued opportunities, and<p> Honoring peoples individuality and meaningful choices based on their interests, desires, and wishes.<p>Indicator / Objective 2.1: Continue to monitor the development and implementation of the Office of Public Guardian.<p>Indicator / Objective 2.2: Conduct one (1) training session on guardianships/ conservatorships from the perspective of a disability rights organization to existing guardians and conservators, people under guardianship/conservatorship, family members, and guardians ad litem in each of the six (6) Developmental Disability and Behavioral Health Service Regions.<p>Indicator / Objective 2.3: Conduct one (1) training for attorneys and judges to provide Continuing Legal Education credits on guardianships in Nebraska and one (1) educational presentation for law students.<p>PRIORITY 3 - EMPOWERING OTHERS TO ACHIEVE FULL PARTICIPATION<p>Need Addressed / Image of the Future: Empowering people who have been devalued strengthens communities and we commit ourselves to the call, nothing about us without us. We affirm our belief that people who experience disabilities are the experts when it comes to living with a disability. We seek justice and empowerment in partnership with people who experience disabilities. Visible action and the power of p
Part VI. Narrative
Narrative
At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.
  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
    Outline the budget for the fiscal year covered by the report (prior fiscal year), as well as a projection for the current fiscal year.  Be sure to include a breakdown of dollars expended/allotted for:  administrative costs (i.e., personnel salaries, equipment, etc.); services to individuals; and other expenses (i.e., staff training, travel, etc.)
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency
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Certification
Signed
Yes
Eric A. Evans
Chief Executive Officer
Thu, 12/22/2016 - 00:00
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