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The Rights of the Elderly with Disabilities

The Rights of the Elderly with Disabilities. Adult Protection and Advocacy Conference August 1, 2013. Why This Is Important. Approximately 2 million people living in Illinois have disabilities Approximately 50 percent of individuals 65 and older have a disability (U.S. Census Bureau, 2010)

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The Rights of the Elderly with Disabilities

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  1. The Rights of the Elderly with Disabilities Adult Protection and Advocacy Conference August 1, 2013

  2. Why This Is Important • Approximately 2 million people living in Illinois have disabilities • Approximately 50 percent of individuals 65 and older have a disability (U.S. Census Bureau, 2010) • Close to 40 percent have a severe disability • You will come across individuals with disabilities in your work with the elderly and in your daily life. It’s important to know their rights and how to assist them.

  3. Disability Rights Bureau • Respond to complaints of inaccessibility and other forms of disability discrimination • Conduct investigations, negotiate, and litigate • Look for pattern or practice. Others referred to Department of Human Rights. • Provide technical assistance to code officials, inspectors, private businesses, government entities, and individuals with questions about disability rights laws • Provide referrals to organizations, agencies, and resources

  4. Disability Rights Bureau • Conduct disability training programs for law enforcement (including elderly service officers), architects, engineers, courts, governmental entities, business owners, disability organizations and other groups upon request • Create public awareness through presentations and publications • Participate in committees • Work on legislation

  5. AMC Settlement • Previously only 21 of 246 screens had captioning • AMC, largest theater chain in state, worked cooperatively with us to find a comprehensive solution • Providing captioning and narrative description in all AMC theaters by April 2014 • Show times of movies with captioning and narrative description on theater website • Currently installed in at least 96 percent of screens

  6. Court Disability Coordinators • Handle accommodations requests and complaints about physical access • Work with judges to do so • Circuit clerks, court administrators, other court employees, sheriffs • At least one in every circuit courthouse • Draft policies and train court staff • AG’s office trains and provides technical assistance • If unsure of CDC in particular courthouse call Disability Rights Bureau

  7. State Law Enforcement/Prosecutor Protocols • Best practices manuals and trainings • Drafted by people with disabilities, state employees, advocates, attorneys, law enforcement • Areas covered are elder abuse and neglect, people with disabilities, and domestic violence • Covers all stages of investigations and prosecutions, including interacting with people with disabilities • Grant from federal government

  8. People First Language • Emphasize person first: • Say “person with a disability” rather than “disabled person” • For specific disabilities say a “person who has epilepsy” or “a person who is on the autism spectrum” – not epileptic or autistic • “Accessible parking” rather than “handicapped parking” • If you aren’t sure what words to use, ask. • Using appropriate language demonstrates respect for the individual as a person and shows your understanding of disability-related terms.

  9. Disability Etiquette • Use • Person with a disability • Person with a mobility impairment • Person who is deaf (unless Deaf preferred)/hard of hearing • Person who is blind or has low vision • Person who uses a wheelchair • Person who has diabetes • Avoid • Disabled • Handicapped • Crippled, invalid, victim of, suffers from, stricken with • Hearing or vision impaired • Mute, deaf, and dumb • Wheelchair bound • Retard, crazy

  10. Assisting People with Disabilities • Wide spectrum of disabilities. • Different needs and abilities • Different levels of independence • If help is requested, wait for a reply on how to help or look for other non-verbal cues • Challenges for people with disabilities who are victims. • Attitudes and stereotypes • Physical accessibility • Challenges for advocates working with people with disabilities. • Understanding their needs. • Getting law enforcement and court personnel to understand their needs. • Always speak directly to people with disabilities. • Example: If a person who uses a wheelchair is with a personal assistant or family member, speak directly to the person - not his or her personal assistant or family member.

  11. Wheelchairs or Mobility Devices • People who use wheelchairs or other mobility devices have different abilities and needs for assistance. • Do not lean on, push, or move a person’s wheelchair or mobility device. It is in their personal space. • If a long conversation is planned, locate a chair and sit down to have a conversation at eye level.

  12. Effective, Respectful Communication • Communicating with individuals with disabilities should be no different than the same respectful, clear communication deserved by everyone.

  13. Speech disabilities • Person who has a stroke, is deaf, uses a voice prosthesis, or has a stammer may be difficult to understand. • Give full attention. Don’t interrupt or finish their sentence. • If you don’t understand, ask them to repeat. • If you still don’t understand, ask them to write it down or suggest another way of facilitating communication. • Quiet environment makes communication easier.

  14. Learning or Cognitive Disabilities • Listen carefully • Speak clearly • Check for understanding • Use clear, concrete language. Avoid abstractions, slang, and jargon • Allow person extra time to process the information and ask questions • Ask the person how they prefer to communicate (eg. written or verbal) • Don’t overload the person with too much information • Quiet environment if possible

  15. Disability Rights Laws • Federal Law • Americans with Disabilities Act • Title I – Employment • Title II – State and local government • Title III – Public accommodations • Section 504 – Rehabilitation Act of 1973 • Prohibits discrimination on the basis of disability in programs and activities receiving federal funding. • Fair Housing Amendments Act

  16. Disability Rights Law (continued) • State Law • Illinois Environmental Barriers Act • Illinois Accessibility Code • Illinois Human Rights Act • Service Animal Access Act / White Cane Law • Illinois Vehicle Code • Local Law • Parking Ordinances • Set Fines

  17. ADA - Title II • Prohibits discrimination on the basis of disability in all programs, services, and activities provided to the public by state and local governments. • Effective date – January 26, 1992.

  18. ADA – Title II (cont.) • Covers all programs, services, activities of state and local government • Recreation • City council meetings • Libraries • State hospitals • Courts • Police stations, etc.

  19. ADA – Title III • Prohibits disability discrimination in public accommodations • Private entity that owns, operates, leases or leases to a place of public accommodation and may include: • Restaurants • Theaters • Hotels • Retail stores • Doctor’s offices • Museums, etc.

  20. Providing Equal Access and Participation under the ADA • Reasonable modifications (accommodations) of policies, practices, procedures unless a fundamental alteration • Auxiliary aids and services unless a fundamental alteration or undue burden • Physical access unless fundamental alteration or undue burden • Program access (Title II)

  21. Reasonable Modifications (Accommodations) • Allowing water, food, or medical equipment • Allowing ID other than driver’s license • Allowing service animal • Allowing phones or other electronics when security policy prohibits • Providing in-home or delivery services • Modifying schedules or deadlines

  22. Service Animals • ADA Titles II and III and Human Rights Act • Modification of no-pet policy • State criminal laws • Service Animal Access Act, 720 ILCS 5/48-8 • White Cane Law, 775 ILCS 30 • Cover service animals in training and trainers • Violation is misdemeanor

  23. Service Animals (cont.) • Only dogs are service animals • Except miniature horses may be an accommodation • Must be individually trained to do work or perform a task • Owner is responsible for care of the animal • Must be under control of handler • But not required to have a leash or harness if would interfere with the task

  24. Miniature Horses

  25. Service Animal Tasks • Guide individuals who are blind or have low vision • Assist before, during, or after seizures • Alert people who are deaf or hard of hearing to sounds • Provide non-violent protection or rescue work • Pull a wheelchair • Alert to presence of allergens or decreased insulin • Retrieve items such as medicine or a phone • Provide physical support or assist with balance • Prevent or interrupt impulsive/destructive behavior • Recognition and response: nudging, licking, pressure

  26. Service Animals at Work

  27. Service Animals • Cannot require payment of fees or surcharges • No hotel pet cleaning fee • Can accompany owner wherever public goes • Restaurants • Hospitals (except in burn units, operating rooms) • Not required • Proof of training • Certification or license • Identification • Harness, vest, or other attire

  28. Service Animal Inquiries • To determine whether service animal can ask two questions only • Do you need this animal because of a disability? • What work or task is the animal individually trained to perform? • Cannot ask nature of disability • Cannot ask to demonstrate task • Person can train animal himself or herself/no school training requirement • Not appropriate to ask a question if the answer is apparent

  29. Excluding Service Animals • Can only be excluded when: • The animal is out of control and the handler does not take effective action to control it • The animal is not housebroken • The animal is a direct threat to safety • Must be based on nature of particular animal. Cannot be based on breed stereotyping • Common allergies and fear of dogs are not reasons for exclusion • Exclude animal – not owner

  30. Assistance Animals in Housing • Fair Housing Amendments Act and Illinois Human Rights Act govern non-public areas of facility • Assistance animals is broader category: includes service animals and emotional support animals • Emotional support animals do not need to perform task or have training • Emotional support animals may be of any type • There are no breed restrictions: look at nature of the animal • Housing provider may request minimal information from health professional to determine if the person has a disability and needs the animal

  31. Auxiliary Aids and Services • Title II and III entities must provide auxiliary aids and services upon request • Interpreters, large print format, assistive listening devices • Purpose: effective communication and equal participation • May not charge for the aid or service • Primary consideration given to what the person requests • Permissible to require reasonable amount of lead time

  32. Auxiliary Aids and Services (cont.) • Not required to provide • Wheelchairs/canes • Hearing aids • Personal care assistant

  33. Auxiliary Aids and Services for People who are Blind or have Low Vision • Qualified readers • Assistance with forms • Email documents/refer to websites • Documents in Word best • Screen readers/scanners • Braille • Large print • Magnifiers – handheld or software

  34. Helping Those who are Blind or Have Low Vision • Identify yourself, department, and others who are present • Assistance • If requested, offer your elbow/arm for guidance • Verbally describe area as you are walking, noting any obstacles • Be descriptive when giving directions • Example – “third door on the left” rather than “down the hall” • Offer to read written information or describe a picture

  35. Blind or Low Vision (continued) • Assistance • With permission, guide person’s hand to a stair banister or back of a chair for seating • Let the person know when you are leaving or when someone else has joined you

  36. Auxiliary Aids and Services for People who are Deaf or Hard of Hearing • Qualified Interpreters • List of Certified Interpreters can be found at: • http://www.idhhc.state.il.us • Video Relay Service • Telephone Relay service • Dial 7-1-1 or 800-526-0844 • TTYs (in conjunction with computer software programs) • Assistive listening systems/devices • Communication Access Realtime Translation (CART)

  37. Deaf or Hard of Hearing • Deaf or hard of hearing. • Speak to the person — not the interpreter. • Be patient. Communication may take longer. • Good lighting is necessary because visual cues and gestures are important.

  38. Deaf or Hard of Hearing continued… • Ask the person how he or she prefers to communicate (sign language, gesturing, writing, or speaking). • Advise the person if you are having trouble understanding him or her. • Face the person when talking. • Speak clearly. Avoid gum chewing or obscuring your mouth with your hand. • Use your normal tone of voice and volume. • Use pen/paper, texting, or email as alternative communication method. • In groups, request that people speak one at a time.

  39. Deaf or Hard of Hearing • People who are deaf • May use American Sign Language • Different language with its own syntax • Speech (lip) reading is not an effective method to communicate • Only 30% of speech is discernible by lips. • People who are hard of hearing • Varying ranges of hearing loss • Assistance • Amplification devices • Assistive listening systems

  40. American Sign Language • Not direct translation of all English words /may not understand what someone writes • ASL is a visual language and facial expressions are very important. Most ASL speakers make eye contact and watch the expressions on each other's faces when talking; they don't concentrate solely on the hand signs. • Interpreter must be paid for and provided by the Title II or Title III entity (doctors, dentists, courts, police department) • Family or friends cannot interpret (unless emergency) • May also need Certified Deaf Interpreter

  41. CART

  42. Physical Access—ADA • Requires physical access in places of public accommodation and state and local government buildings. • Effective date – January 26, 1992. • Scoping is contained in ADA Standards for Accessible Design (2010)

  43. ADA - New Construction v. Barrier Removal • New construction or alterations • Comply with scoping requirements in Standards • Built before ADA went into effect and no alterations • Title III (public accommodations) • Make accessible to the extent readily achievable (barrier removal) • Readily achievable means without much difficulty or expense • Title II (state and local government) • Program access • Relocate program or service or provide by some other means

  44. Environmental Barriers Act • Illinois law that governs physical access for people with disabilities. • Its implementing regulation, the Illinois Accessibility Code (IAC), dictates the minimum requirements for accessibility to public and private facilities located in Illinois. • Applies to new construction, additions, and alterations. • Went into effect May 1, 1988

  45. Illinois vs. Federal • IAC covers: • Private facilities • Religious entities • Housing • State/local government • IAC has no private right of action • More stringent requirements: • Elevators • Parking • Entrance door weight

  46. Frequent Complaints • Parking • Entrances • Accessible Routes (sidewalks & curb ramps) • Restrooms • Ramps • Counters

  47. When are Accessible Spaces Required? • Employee or Visitor Parking Lots • Apartment or Housing Complex Lots • Visitor/Employee Parking • Tenant Only Parking • Reasonable Accommodation Space • Illinois Human Rights Act • Federal Fair Housing Act • On-Street Parking • No requirement in the Illinois Accessibility Code. • Possible requirement under IDOT regulations. • Program and/or service request under Title II.

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