August 28th Webinar on Grants Pass Decision & People with Disabilities

 

REGISTER TODAY Wednesday, August 28, 2024 2 - 3:30 PM ET Webinar: What the Grants Pass Decision Means for People with Disabilities

Join the Disability Rights Education and Defense Fund, the Bazelon Center for Mental Health Law, and the National Homelessness Law Center for an essential discussion on Wednesday, August 28, 2 - 3:30 PM ET on "What the Grants Pass Decision Means for People with Disabilities." On June 28, 2024, the U.S. Supreme Court ruled in a case called City of Grants Pass, Oregon v. Johnson (“Grants Pass”) that fining and jailing people experiencing homelessness for sleeping outside when they have nowhere else to go does not violate the cruel and unusual punishments clause of the constitution. The decision has given states and local governments the go ahead to make criminalization their primary, front-line response to homelessness and has had devastating effects on the civil rights of thousands of unhoused people across the United States. This webinar will: Provide an overview of the Grants Pass case and the disability-related “friend of the court” briefs filed in the case; Explain why people with disabilities are particularly at-risk of harm due to the increased criminalization of homelessness; Explore the relationship between the Grants Pass case, CARE Courts / civil commitments, and efforts to increase the institutionalization of disabled people; Critique the role of law enforcement and judicial authorities in responding to homelessness; and Provide an overview of advocacy tools and strategic thinking regarding potential next steps in advocacy. Speakers: Michelle Uzeta, Deputy Legal Director, Disability Rights Education and Defense Fund Monica Porter Gilbert, Policy & Legal Advocacy Attorney, Bazelon Center for Mental Health Law Siya Hegde, Staff Attorney, National Homelessness Law Center  REGISTER TODAY.  **ASL and CART (live captions) provided. Contact Diana Vega at dvega@dredf.org for any accommodations you may need by August 21st. Late requests may not be possible to fill.

Mental Health Advocates Oppose Supreme Court Case Regarding Criminalization of Homelessness

 

(Image by jcomp on Freepik)

On April 3, 2024, the Bazelon Center for Mental Health Law, together with the American Psychiatric Association, National Alliance on Mental Illness, National Association for Rural Mental Health, and National Association of Social Workers, filed an amicus (friend-of-the-court) brief in the U.S. Supreme Court case Johnson v Grants Pass addressing the impact of efforts to criminalize homelessness on people with mental health disabilities and refuting arguments that such efforts are necessary to combat homelessness. As the brief – authored by the Bazelon Center and the law firm Kellogg Hansen – explains, there are alternatives. Community-based housing and mental health services are far more effective than criminal enforcement in addressing homelessness and supporting people with mental disabilities.

Johnson v. Grants Pass is the most important case regarding homelessness in decades. It will address whether laws that criminalize sleeping in public with basic protections such as a blanket – when no safe and accessible shelter options are available – violate the Eighth Amendment’s prohibition on cruel and unusual punishment. 

The five organizations argued that housing is one of the most basic and powerful social determinants of health, particularly for individuals with mental health disabilities. Though most people experiencing homelessness do not have a mental health condition and homelessness is more frequently triggered by economic factors such as job loss or debt, individuals with mental disabilities are disproportionately represented among the homeless population and so are disproportionately harmed by policies that criminalize nonviolent conduct associated with being homeless, such as sleeping outside with a blanket.

To date, over 1,000 organizations and public leaders have submitted around 40 amicus briefs opposing the criminalization of homelessness. They all submit that community-based services are more humane, more effective, and less expensive than incarceration or hospitalization. By employing these community-based interventions, governments can address homelessness and housing insecurity without resorting to criminal enforcement.

Read the full April 3, 2024 Bazelon Center press release (PDF).  

Read the April 3, 2024 amicus brief (PDF).

June 2024 is the 25th Anniversary of the Supreme Court’s Olmstead v. L.C. Decision that the Institutionalization of People with Disabilities is Discrimination

On June 22, 1999, the Supreme Court found in Olmstead v. L.C. (Lois Curtis) that the segregation and unnecessary institutionalization of people with disabilities is discrimination in violation of federal law prohibited by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The Court recognized the right of people with disabilities to be treated as equal members of the society, to live and work in their communities, and receive services in the most integrated setting, which is almost always outside of an institution. The Olmstead decision resulted from the bravery and steadfast advocacy of Lois Curtis and her co-plaintiff Elaine Wilson. Curtis and Wilson, who had mental and intellectual disabilities, were approved to get services in the community and wanted to live in the community but were forced to remain in a state-run Georgia psychiatric unit because of a lack of community-based services. The Court held that unjustified segregation, which “perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life,” is a form of discrimination under the Americans with Disabilities Act. The Court recognized that “confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.”

There still remains much to be done. Currently over 268,980 people with intellectual and developmental disabilities live in congregate, institutional settings or are on waitlists for services and residential programs, and thousands of people with mental health disabilities are involuntarily detained annually. People with disabilities who live in other types of institutions - e.g., prisons, long-term care hospitals, residential treatment facilities, and the 1.2 million adults living in nursing homes - are often under-counted and not included in these numbers. Many marginalized communities, including Black, Brown, and LGBTQI+ disabled people, are disparately impacted by the harms of institutionalization. 

To commemorate this touchstone for the disability community, the Bazelon Center for Mental Health Law joined partners in the Consortium for Constituents with Disabilities (CCD) in a June 20, 2024 letter to urge policymakers to consider the needs of the disability community in key areas including health, housing, home- and community-based services, and civil rights. 

The Bazelon Center also hosted an anniversary event that brought together leaders from the federal government, the disability rights and disability justice movements, grassroots advocates and youth with lived expertise to reflect on accomplishments, lessons learned and the future of legal advocacy to achieve full community integration for youth with disabilities. The event celebrated the lives and legacies of plaintiffs Lois Curtis and Elaine Wilson and all who fight to live outside of institutions and to live full lives in their communities. We appreciate all those who joined us for our virtual panel to mark a quarter century of fighting to achieve the promise of Olmstead – dignity, autonomy and full inclusion for people with disabilities in all aspects of life.

As part of our efforts to achieve the promise of Olmstead, we continued our advocacy to end the practice of sending police to mental health emergencies, when medical professionals would be sent to other health emergencies, like a heart attack. A police response is the wrong response and too often leads to arrest, incarceration and even death, especially for Black people experiencing a mental health crisis. This week, we filed an amicus brief in federal court arguing that the District of Columbia must send a health response, not police, to people experiencing a mental health crisis. Failure to do so is discrimination in violation of federal law. 

Much work remains. We appreciate your help to continue our legal, policy and public advocacy.

Read the June 20, 2024 Bazelon Center - CCD letter.

Bazelon Center Celebrates Critical Civil Rights Protections for People with Disabilities in New HHS Rule

 

The Bazelon Center commends the U.S. Department of Health & Human Services (HHS) for issuing the new Section 504 Final Rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.   The rule updates and strengthens the lead regulation implementing Section 504 of the Rehabilitation Act of 1973, a federal law that prohibits disability-based discrimination in federally funded health and human service programs and activities, including in healthcare and child welfare programs. The HHS Section 504 rule incorporates the U.S. Supreme Court’s ruling in Olmstead v. L.C. (Lois Curtis) that people with disabilities have a right to live and receive services in their homes and community and to be free from segregation and unnecessary institutionalization. It also explains how this mandate applies in the child welfare system.   “HHS’ new Section 504 rule updates and clarifies federal disability rights regulations that had not been updated since the 1970s,” explained Bazelon Legal Director Megan Schuller. “The new rule is an important step towards realizing the promise of these laws to eradicate disability discrimination in all its forms, including the continued isolation and unnecessary institutionalization of people with mental disabilities.”   Last fall, the Bazelon Center co-authored coalition comments with members of the Consortium for Constituents with Disabilities (CCD) that responded to HHS’ then-proposed Section 504 rule. The comments included key Bazelon Center priorities. Bazelon led coalition efforts to ensure the full integration of people with disabilities in the community and to advance the rights of children and parents with disabilities in the child welfare system. We are pleased to see our recommendations reflected in the rule.   Responsive to feedback from Bazelon and partners, the rule defines “most integrated setting” broadly. This updated definition aligns with longstanding Department of Justice Olmstead guidance, as well as widely accepted Key Principles for Community Integration for People with Disabilities. The rule also recognizes that an entity’s practices, as well as its policies, can result in segregation, and that settings like group homes that are located in the community can still be segregated and discriminatory.   The rule also requires child welfare agencies to place children with disabilities in the most integrated setting and prohibits “the unnecessary or unjustified segregation of children with disabilities, such as default placement in institutional or other congregate care,” which “should never be considered the most appropriate long-term placement for children.” Children with disabilities must be supported to live in the most integrated setting, which “is almost always the family home or a foster care setting.”   In response to our comments, HHS also made explicit that Section 504 applies to family preservation services and reunification efforts and that parenting assessments must be individualized and measure parenting ability, not a parent’s disability. The final rule was officially published today.   Please join us in sharing this critical information, and in ensuring that the promise of Section 504 and the ADA is fully realized.   Read the Bazelon Center’s summary and analysis of key provisions. Read the Final Rule, which will take effect on July 8, 2024. Read the Final Rule Fact Sheet, which summarizes key updates. Learn more about the protections of Section 504 of the Rehabilitation Act.

Bazelon Center to hold 50th Anniversary Awards Gala

 Bazelon Center Awards Gala on October 12th

Bazelon Center 2023 Annual Awards October 12, 2023 - In-Person & Virtual! TICKETS NOW AVAILABLE!

Image Description: Large, thick gold circle sits center left and small blue circle overlaps on right. Words in black overlay the gold circle and words in white are in the small blue circle. Both include information in the text below. TICKETS NOW AVAILABLE 2023 Bazelon Awards: Launching the Next 50 Years An Evening with the Bazelon Center for Mental Health Law In-Person and Virtual Gathering at The Showroom 1099 14th Street NW, Washington, DC 20005 DATE Thursday, October 12, 2023 TIME 6 PM ET - In-Person Reception 6:45 PM - Virtual Program (Livestream) COST Tickets for In-Person Reception: $100 Virtual Program: FREE We’ve reached a remarkable milestone celebrating 50 years of advancing and protecting the rights of people with mental disabilities, and we are excited to launch the next 50 years with you! Tickets are now available! In-person event tickets and donations directly support our work to advocate for solutions and build a brighter future for the full integration and inclusion of people with mental disabilities. Join us as we celebrate leaders in social justice, law, disability rights, and mental health that helped us reach milestones while, simultaneously, we set the stage for the next 50 years of advocacy that will transform the lives of generations to come. This year’s Honorees, Special Guests, and other exciting program updates will be announced soon! Join our growing list of sponsors and contact Holly O'Donnell for more information:  hollyo@bazelon.org Masks will be available. Open Captioning, ASL, and Audio Descriptions will be provided. For additional accessibility requests, email communications@bazelon.org www.bazelon.org | bazelon50.org

Mental Health Legislation Introduced to Increase Community-Based Services

Innovative Mental Health Legislation would Increase Community-Based Services for Adults with Mental Health Disabilities

At the Judge David L. Bazelon Center for Mental Health Law’s June 22, 2023 event celebrating the 24th anniversary of the decision in Olmstead v. L.C. (Lois Curtis), it was announced that New York’s Senator Kirsten Gillibrand and Congressman Daniel Goldman (D-NY-10) have proposed the “Strengthening Medicaid for Serious Mental Illness Act.” Read the press release here.

The Act would provide desperately needed mental health support to the 14 million adults in the U.S. living with a serious mental illness (SMI), such as schizophrenia, bipolar illness, and major depressive disorder. Too many individuals living with SMI are stuck in a devastating cycle moving between hospitals, jails, and housing instability due to lack of access to community-based treatment. In 2021, over 1/3 of individuals with SMI did not receive any form of mental health treatment. In New York City, a number of subway deaths have highlighted the need for access to intense and immediate mental health support. This bill creates a new package of services under Medicaid targeted specifically to individuals living with SMI, sets a national standard for SMI care, and incentivizes states to provide intensive community-based services to treat SMI.

The Bazelon Center helped shape this legislation and strongly supports the “Strengthening Medicaid for Serious Mental Illness Act,” a critical improvement to the Medicaid program. It also has been endorsed by the National Health Law Program.  The legislation, introduced on the 24th anniversary of the Supreme Court’s landmark decision in Olmstead v. L.C. (Lois Curtis), will incentivize states to provide a robust array of intensive community-based services for adults with mental health disabilities. These services - including Assertive Community Treatment (ACT), housing-related services, supported employment, peer support services, and mobile crisis services - have been proven to help individuals with disabilities live successfully in their own homes and communities. The services help people avoid unnecessary institutionalization in hospitals and other facilities, which under Olmstead constitutes disability-based discrimination. This bill will help states comply with their legal obligations and save taxpayer dollars that would otherwise pay for expensive institutional care. 

These services – including housing-related services, supported employment, peer support services, ACT, and mobile crisis services–have been proven to help individuals with disabilities live successfully in their own homes and communities and avoid unnecessary institutionalization in hospitals and other facilities, which under Olmstead v. L.C. constitutes disability-based discrimination.

Specifically, the Strengthening Medicaid for Serious Mental Illness Act would:

1.      Create a new waiver program granting Medicaid authority to provide states with an option to offer a package of services targeted specifically to individuals with SMI. The package would include:

• Assertive community treatment, an evidence-based, highly individualized team-based service designed to support adults with the most intensive mental health needs;
• Supported employment to help individuals get and keep a job;
• Peer support services from individuals who have lived or living experiences with mental health conditions;
• Mobile crisis intervention teams that can help de-escalate situations and link individuals to other community-based services;
• Intensive case management; and
• Housing-related activities and services to support individuals with transitioning to and maintaining housing.

2.      Require states to adhere to certain standards, like tracking disparities in treatment, to ensure services are delivered with care to all in need.

3.      Create a tiered Federal Medical Assistance Percentage (FMAP) increase to incentivize states to provide intensive community-based services to individuals with SMI. This means that states could receive an increase up to 25% in funds allocated by the federal government for their Medicaid programs.

*****

June 2023 Monthly Briefing, Judge David L. Bazelon Center for Mental Health Law, 2023.

Read the June 22, 2023 Press Release.

Read the June 22, 2023 NHeLP release.

April 28th Bazelon Center Zoom Event 

Bazelon Center Zoom Event on April 28th

Zoom Registration Link

Advancing an Alternative: Peer-led, Community-Based Services that Promote Equity and Safety for All

April 28, 2023, 1:00-2:30 PM ET

Zoom Registration Link

Description:

This webinar is part 2 of a 2-webinar Learning Community hosted by the Bazelon Center for Mental Health Law and National Disability Rights Network (NDRN) that addresses SAMHSA’s priorities of crisis stabilization, mobile crisis, and children. The learning community will focus on leveraging federal funding & policy to increase best practice community-based services that are voluntary, evidence-based, and trauma-informed.

Learning Objectives:

By the end of this workshop, participants will be able to: (1) Understand the disproportionate negative impacts of traditional crisis response systems on over reliance on the police to respond to crises involving communities and people with disabilities, including people with serious mental illness (SMI) or emotional disturbance (SED), and how solutions must be responsive to these disparities; (2) Learn how peer-led, community-based services and supports improve wellness, support communities, and protect civil rights, drawing from real-world examples of programs that have been successfully implemented; and (3) Examine current trends in state and federal policy, including challenges and opportunities to advance peer-led, community-based services for people with SMI or SED.

This is a SAMHSA-Sponsored webinar. Live closed captioning and ASL interpreters will be available.     ***Post materials will be emailed to you within a few days after the     webinar. This will include the recording link, PowerPoint slides and a certificate of attendance as we do not offer CEU credits. For questions, contact Kelle Masten via email at kelle.masten@nasmhpd.org or Paige Thomas at paige.thomas@nasmhpd.org.

Speakers

Vesper Moore: Chief Operating Officer, Kiva Centers (they/elle) Kristina Roth: Senior Policy Associate, Legal Defense Fund (she/her) Ashley Sproul: Peer Facilitator Coordinator, Kiva Centers (she/her) Monica Porter: Policy & Legal Advocacy Attorney, Bazelon Center for Mental Health Law (she/her)

REGISTER HERE

 BAZELON CENTER PRESENT BLACK DISABLED LEADERS TRIBUTE ON 2/23/23

TOMORROW Bazelon Center’s Jalyn Radziminski Joins White House Roundtable Celebrating the Contributions of Black Disabled Leaders; 2/23/23; 10:30 AM ET; Livestream.

During Black History Month, the White House and the Biden-Harris Administration will celebrate the contributions of Black disabled leaders to American history. The Administration will host a roundtable with the next generation of Black disabled young leaders, and highlight Administration actions to promote equity. Jalyn Radziminski, Director of Engagement at the Bazelon Center, evening law student at Fordham University School of Law, founder of Count Us IN and longtime social justice advocate, will be speaking at the event.   WHAT: Black History Month Roundtable with Young Black Leaders with Disabilities  WHEN: Thursday, February 23 10:30 AM ET  WHERE:  Register for the webinar.  ASL and CART will be provided. Please share with your networks! ***** Source: Bazelon Center mailing, February 22, 2023.