1. Announcements: Handouts June 15
Family Support Services Committee
Tuesday, June 16, 2015, 10:00 am – noon
UCP/NYC, 80 Maiden Lane, 2nd floor
Information: Amy Bittinger (718) 859-5420 x 234; Abittinger@ucpnyc.org
Transition Committee
Wednesday, June 10, 2015, 9:30 am – noon
AHRC, 83 Maiden Lane, 11th floor Board Room
Information: Kathy Kelly (212) 780-2724; Kathy.kelly@ahrcnyc.org
Service Coordination Committee
Next meeting to be announced
Information: Carol Lincoln (718) 859-5420 x 225; Clincoln@ucpnyc.org
DD Council
Thursday, June 11, 2015, 9:30 am- noon
AHRC, 83 Maiden Lane, 11th floor
Information: Marco Damiani (212) 947-5770 x 456; manhattanddcouncilchair@gmail.com
Legislative Committee
Next meeting to be announced.
Information: Jim Malley (212) 928-5810 x 101; Jmalley@esperanzacenter.net
Children’s Committee
Next meeting to be announced.
Information: Christina Muccioli (212) 780-2532; Christina.muccioli@ahrcnyc.org
Outreach & Family Engagement
Next meeting to be announced.
Information: Lynn Decker (917) 575-5166; lynn_decker@me.com
1st Annual Disability Pride Parade
July 12, 2015, 10-12 from Madison Square Park to Union Square Park. Sponsored by the Mayor’s Office for People with Disabilities, to celebrate people with disabilities and their accomplishments prior to and after the passage of the ADA 25 years ago. Register at nyc.gov/ada25nyc. More info at disabilitypridenyc.com.
Resources for Children with Special Needs
Our host for this meeting, Resources for Children with Special Needs, will be changing their name to includenyc as of June 17. They also announced their new service NYS PROMISE, for families with 14-16 year-olds who receive SSI to make sure they are ready for adult living, learning, and earning. For more information, contact Mariko Sakita at 212-677-4650 x 14 or msakita@resourcesnyc.org.
InterAgency Council
Karel Karpe is the InterAgency Council’s liaison to family groups dedicated to issues affecting people with developmental disabilities in New York City, Long Island, Westchester, and Rockland. Karel announced that she is compiling a database of family groups in order to facilitate connections and cooperation among them. If you know of a family group, please contact her at karel@iacny.org.
2. Report on Workforce Transformation
OPWDD has strengthened its emphasis on person-centered services and personal choice. OPWDD has realized that this change needs to be reflected in workforce development. OPWDD’s goal is to increase ethical practice and to achieve a high level of competence in the workforce. With a grant from the Developmental Disabilities Planning Council, OPWDD has set up Regional Centers for Workforce Transformation to assist in this enormous shift. They have created informational videos for direct support professionals (DSPs), for frontline supervisors, and for families. The family video, which you can see at the link below, clearly demonstrates the change in the role of, and expectations for, DSPs.
OPWDD has developed a set of core competencies that combine technical skills with values-based skills (the Direct Support Professional Code of Ethics). The core competencies focus on seven main goal areas: putting people first; building and maintaining positive relationships; demonstrating professionalism; supporting good health; supporting safety; having a home; and being active and productive in society. The goals involve 23 competencies. For example: the goal of putting people first entails the competencies of supporting a person’s unique capacities, personality, and potential; getting to know the person through discovery and assessment; facilitating personal growth and development; etc. Implementing these competencies entails a culture change at agencies as staff learn a different way of supporting people. To be successful, this change must be embraced by executive and management staff as well as frontline supervisors and DSPs.
The core competencies are not a training program; they are standards for quality supports and services. They provide guidance for DSPs; promote professionalism; standardize DSP skills; improve service provision; and save training costs. There are formal DSP Performance Evaluation tools which agencies must utilize.
OPWDD is mandating that all agencies begin implementing the Core Competencies. Agencies must begin using the Core Competencies DSP Performance Evaluation Tools in April 2016. By April 2017, OPWDD will begin verifying the implementation of the Code of Ethics and Core Competencies and the DSP Performance Evaluations.
For more information, go to www.workforcetransformation.org.
3. Speaker: Stuart Flaum, Managing Director, Special Needs Family Planning, on New Ideas about Guardianship Flaum handout 15
Stuart introduced himself as a financial planner assisting families of people with disabilities and also the parent of a son with developmental disabilities. Stuart explained that guardianship is the legal right to make decisions for the person with disabilities. It is meant to be an opportunity for the entire family to plan together to create a comfortable life for the person with developmental disabilities. Parents are the legal guardians of their children until age 18. At that point, they may apply to become legal guardians if they believe their child cannot manage his/her own affairs. There are two types of guardianship: Article 17A and Article 81. Article 81 is traditionally used for elderly people, mainly for health reasons, and is somewhat limited in that guardians only have control over targeted domains (such as health care) that are absolutely necessary to ensure the person’s well-being.
There are two kinds of 17A guardianship: The guardian of the person has authority over the personal, medical, financial, and legal affairs of the person. The guardian of the property controls the financial resources and property matters of the person. The specific powers of the guardian of the property are limited to acting only in property matters and investments or in disposing of income or other assets.
Stuart pointed out that guardianship is not meant to limit the person’s decision-making authority, but just to protect him/her. You want to be sure you are not encroaching on the person’s rights.
Stuart invited the meeting participants to share the reasons they chose to pursue or chose not to pursue guardianship for their relative with developmental disabilities. Some of the reasons why people chose to obtain guardianship were to protect their child from bad decisions, to have authority in matters of health care and hospitalization, to be kept in the loop and informed of health issues or other significant issues affecting the child. One reason for not seeking guardianship was confidence that the person was capable of managing his/her own affairs.
Stuart cited the following interactive website that can guide you through the guardianship process and give you the specific information you need for your own particular situation: lawhelpinteractive.org. This is a free resource for applying for 17A guardianship; you do not need an attorney.
Stuart then presented an overview of Guardianship Reform, which is being proposed by OPWDD.
Stuart explained that the guardianship of tomorrow will look different. The reform would focus on person-centered planning and individual choice within guardianship. OPWDD is emphasizing individuals’ capabilities and has a vision of guardianship that increases opportunities for individuals to make their own decisions that are consistent with their needs and preferences. 17A would be tailored to individual needs, rather than global over all domains, as currently. Due process protections, absent from the current law, would be required; this would mandate input from the individual. The guardianship would have to specify the specific domains over which the guardian would exercise control, such as healthcare, finances, choice of residence, education, training, employment, and supports and services. Doctors and psychologists would no longer determine the appropriateness of guardianship. Instead, Mental Hygiene Legal Service (MHLS) would review the guardianship petition and interview the individual to determine whether the individual objects to guardianship. Guardianship would be based on an individual’s functional abilities rather than a medical assessment.
Some family members expressed serious concerns about these proposals: they questioned whether MLHS is competent to do such evaluations; what MHLS’s role would be regarding end-of-life decisions; how the changes would affect existing guardianships, including those with explicit rights granted to guardians over end-of-life decisions.
Please see the attached handout from Stuart for more details. Stuart may be reached at sflaum@fianacialguide.com or 888-552-SNFP.
Have a Wonderful Summer!
Attachments: Stuart Flaum’s handout; sign-in sheets; other announcements