Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Autism7717 Exam 2 > 10/23 Advocacy and Disability Rights > Flashcards

10/23 Advocacy and Disability Rights Flashcards

1
Q

Why Disability Rights?

A

1) mistreatment in Institutions.
Dorthea Dix asylum movement and Ohio 1851 Constitution. Breakdown due to lack of funds/pop growth
2) Eugenics. Misused Mendal works. Goddard and Kallikaks. Earnest Kreaepelin/Earnest Rudin.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Buck v. Bell 274 US 200 (1927)

A

Oliver Wendell Holmes stated Carrie Bell should be sterilized. Debunked by Steven Gould, Carrie was fine, just poor and pregnant, no evidence of ID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Wade vs. Bethesda Hospital

A

Holland M. Gary cited Buck and said if he could intuitionalize people he could sterilize them. Federal judge ruled Gary was not immune from suit. Lacks jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What case demonstrated convergence of poverty, gender, and disability as hallmarks of nation’s institutional population in early 20th century?

A

Buck

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sam Bagenstos: “The 1970s social movement for disability equality was very…”

A

Pluralistic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Early disability movements activities

A

ADAPT, IL (independent living), people first, self advocates, not dead yet.

Contrast, sometimes conflict with family groups like NAMI, Arc, Autism Speaks and VOR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What big piece of legislature made it illegal to discriminate based on handy capped status? Advocates climbed up steps, sat in on offices, regulations finalized?

A

Section 504 of rehab act 1973

HEW 504 regulation protests. DOJ regulations template for later legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What limited the section 504 of rehab act in 1973?

A

Federal funding and supreme court decisions that narrowed scope of protections

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What new proposed regulations are coming in 2023, comments were due by Nov. 13?

A

Ensures that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value
than the life of a person without a disability;
 Clarifies obligations for web, mobile, and kiosk accessibility;
 Establishes enforceable standards for accessible medical equipment;
 Clarifies requirements in HHS-funded child welfare programs and activities;
 Prohibits the use of value assessment methods that place a lower value on lifeextension for individuals with disabilities when that method is used to limit access or to deny aids, benefits, and services.
 Clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What act created IEP plans/written plans and appeals (due process), equal access to education UNLESS school can show its undue, and up to age 21, parent has procedural rights.

A

The education for all handicapped children act 1975, now Individuals with Disabilities Education Act.

Based on PARC and Mills, parent has right enforced independently of child, Winkleman vs. Parma 2007

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Most important act talked about? When did it come out and when did it really come out?

A

Americans with disabilities act 2002 (1989), amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Americans with disabilities act 2002, what did it do:

A

Even without federal money, comprehensive civil rights for those with disabilities might still apply to you.
Title 1: employment
Title 2: state and local gov
Title 3: public accommodation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

DOJ (dep. of justice) regulations in the Americans with disabilities act:

A

Mandated by congress, required DOJ to rely on section 504 regulations

Integration mandate: section 28 CFR 35.130(d): “A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”

Sutton Trilogy: Supreme Court did want to limit types of impairments that would be protect under ADA. Their view of “disabilities” to narrow scope.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How did Congress hit back against the supreme court’s Sutton trilogy response to the 2002 act?

A

Congress pass the Americans with Disabilities Amendments Acts of 2008, expressly stating that it intended the definitions in the ADA to be interpreted broadly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Katie Beckett and HCBS waviers

A

Katie had medical condition, could not be served at home. Regan ordered category of funding call waivers so she could have home supports.

Still use model today.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

CMS (case management services) community regulation (Obama admin)

What was the controversy? What was the solution?

A

DD boards case management.

Limits on medicaid funds, can’t take more than 4 people.

Conflict: Differences between elderly and disabled: ID thought it was great, wanted waivers in home life/community settings, but the elderly loved assisted living communities.

Solution: no number limit, but discusses institution vs. community and gives guidelines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

42 CFR 400.150? Allow anyone with ICF (immediate care facilities) to be put on a wavier. What is the concern?

A

worried ICF would lose money for home and care when they wanted child in ICF. Judge made sure to clarify state wasn’t going out of ICF business. They probably won’t.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Affordable Care Act

A

direct action by ADAPT and disability groups in Senate. Widely thought to have defeated the attempt to repeal the act in 2017. Helped to make sure affordable care act passed, but specifically Medicare expansion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Developmental Disabilities Act (1975) and state networks 42 USC 15001 et seq.

A

Protection and advocacy system in every state, DD councils, and UCEDDs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Protection and Advocacy Systems (P&A) and expansion

A

Required in every state and territory Native American included serves four corners region.

Expansion: All disabilities, assistive tech, return to work for social security disability, VOTING

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How did the client assistance programunder the rehabilitation act of 1973 compliment the protection and advocacy system from the DD Act of 1975?

A

Authority under federal law to access people with disability. Ex: medicaid children’s unit with issues, kids placed by courts, lawyers block client access, federal law gets involved.

Unsupervised access to people in facilities, records without person’s consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

DD councils, disability rights Ohio services

A

Legal representation, VOTING, Job training, house, accessing services, navigating special ed systems, addressing discrimination, abuse, and neglect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

5 parts of disability rights paradigm?

A
  1. Agitation: adovcates
  2. Legislation
  3. cogitation- important people saying stuff
  4. litigation - exposing people and holding them accountable
  5. Disability Hijack: Access to courts and stuff
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

First to write about disability, Right to Live in the World: Disabled in law of torts 1966?

A

TenBroek. Founded national federation for blind.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Wolfensberger: The principle of normalization in human services

A

worked at USEDD in Nebraska. 1980s. Created discussion of “normalization” treating people like people. “Deviancy”/”Diagnosis” vs. Nothing wrong, just who they are. First to talk about that. Principle of Normalization. Dignity of Risk- even if not the right decision, they should be able to make the decision. Context matters.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Jean Vanier Becoming Human

A

Dorthea Dix, but later. Had men with disabilities live in his home. However, later in life was revealed to have engaged in sexual abuse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Thomas Nerney’s 5 simple truths about ID

A
  1. Freedom- to choose where to live, etc.
  2. Authority- to control (w/assistance) publicly funded long-term care dollars
  3. Support- Arrangement of resources in unique ways, meaningful to person built to his preferences.
  4. Responsibility: use of *public resources *in ways that was wise/cost effective and contribute to community
  5. Confirmation: include those with disabilities in *public policy *changes and families
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Willowbrook 1972 Geraldo Rivera

A

Robert Kennedy went there first. Geraldo Rivera (1972) took camera crew there to film conditions there. Things were really horrible there. People dumped into streets because they wouldn’t consent to care. Moving people in, you need to move services in too.

Silent Voices is Ohio version

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Were constitutional cases designed to move people out of institutions?

A

No. Designed to correct conditions but not necessarily move people out of institutions
unless the facility closed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Youngberg v. Romeo 457 U.S. 307 (1982) from Pennhurst in Pennsylvania

A

narrowed the right to treatment under 14th amendment 1982.

No restraints, put in nonrestrictive confinement.

Before States said however we want, federal said no, not like jail, treatment > punishment. Blackman- had to give training so they could improve and maybe get out of the institution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Ohio cases of Orient Developmental Center, Barbara C. v. Moritz No. C-2-77-887, Order
and plan for relief October 19, 1981 (S.D. Ohio), and Apple Creek Developmental
Center, Sidles v. Delaney, No. C75-300A, N.D. Ohio (1975),

A

Orient closed turned to prison. Apple Creek closed too.

Order provided standards for management of institutions

31
Q

State must provide that person meets criteria
for involuntary hospitalization by clear and convincing evidence

A

Addington v. Texas, 441 U.S. 418 (1979)

32
Q

mandatory right to counsel for respondent subject to involuntary commitment

A

In re Fisher, 39 Ohio St.2d 71, 313 N.E.2d 851 (1974)

33
Q

commitment cannot rest on disability only,
dangerous or benefit from treatment must be shown.

A

O’Connor v Donaldson, 422 U.S. 563 (1975)

34
Q

What case took a step backwards and let Kentucky use lower standard for those with IDD then for MI does not violate the Equal Protection Clause because it is rationally related to a legitimate
state purpose. Disability is not a “suspect class” (like race) and is afforded the lowest level of judicial protection?

A

Heller v. Doe, 509 U.S. 312 (1993)

35
Q

Integration Mandate, Elenaor Roosevelt, and 42 USC 15001 (a)(16)

Did it work?

A

Human rights start in community and home.

42 USC 15001 (a)(16)- supports to live in home and communities.

Yet, deinstitutionalization failed to deliver appropriate services to ex-patients.

36
Q

Thomas S. by Brooks v. Flaherty, 902 F.2d 250, 252 (4th Cir. 1990)

Youngberg and 14th Amendment

And

Nancy Martin v Voinovich

A

Thomas: Right to community based treatment if professional directed, but decisions not conclusive.

Youngberg- states treating professional could define services. require the development of individual plans for moving class members to more normal settings

Nancy Martin v Voinovich follows Thomas S. in stating a pre-Olmstead claim for integrated services

37
Q

Pennhurst Settlement and Jim Conroy

A

Longitudinal studies. Are people happier?

Conclusion: People and families are happier after leaving Pennhurst and living in community.

38
Q

Olmstead v L.C., 527 U.S. 581 (1999)

(B vs. Board for disabilities)

Who dissented?

A

INTEGRATION MANDATE. 28 CFR 35.130(d): “public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities”

Dissent (say no discrimination): Thomas, Rehnquist, and Scalia.

Majority (Say discrimination shown)- Stevens, Ginsberg, O’Conner, Souter, Breyer (all but stevens NOT plurality- which was discussion of alteration defense. Steven thought that improper).

Concurrence I (Kennedy and Breyer)- Deference to professional judgment

Concurrence II (Kennedy) no discrimination, but it could be shown

39
Q

Post Olmstead cases:

Disabilities Advocates, Inc. v Paterson, 598 F. Supp. 2d 289 (E.D.N.Y. 2009)

Lane v Kitzhamer (D. Oregon)–

Ohio, Ball v DeWine

A

Inc vs. Paterson: SCATTER SITE HOUSING, can’t build block of ID houses, they have to be moved out in community. Some tension from families who want gated communities. One of the first proposed in Florida. Scattered housing required for home like setting.

Lane v Kitzhamer (D. Oregon)- integration mandate also applies to WORKPLACE. Interacts with rehabilitation act. (eliminate ability one programs)

Ohio, Ball v DeWine - WAVIER if you want. opportunities for individuals placed in ICFs of 8 or larger to receive meaningful options counseling and waiver services if requested.

40
Q

COVID-19 and Pandemic

A

Need for elders to have home support. Ohio has excess NF capacity (85% occupancy)

Next steps: youth institutions, including ECT and abuse; abuse of patients in “psychiatric” nursing homes; and extensive and abusive use of psycho-active medication on elderly patients in nursing facilities

Axis 1 diagnosis, suddenly becomes “nonspecific” even if Schizophrenia (axis 2 for years) because you can’t go into a nursing home for Schizophrenia.

41
Q

What case said that you can’t execute someone with ID?

A

Atkins v. Virginia, 536 U.S. 304 (2002)

Also:
Hall v. Florida, 134 S. Ct. 1986, 1992 (2014)
* Marc J. Tasse & John H. Blume, Intellectual Disability and the Death Penalty: Current
Issues and Controversies (2018)
* State v Williams, Trumbell County Court of Appeals
* Hill v Anderson, Sixth Circuit en banc

42
Q

Abortion

A

HB 214- no abortion if tests show down syndrome.

Pre-term Cleveland v. Himes 940 F.3d 318 (6th Cir. 2019) overruled this.

Judge Batchelder- dissent compared abortion to genetic testing as eugenics. Box v. Planned Parenthood of Indiana and Kentucky, Inc.

Pre-Term Cleveland v. McCloud, 994 F.3d 512 (6th Cir. 2021) - upheld, Batchelder ruled that states could regulate abortion due to disability, but circular reasoning, did not restrict woman’s choice of abortion, only ability to use specific doctor.

Margaret Sanger was racist, thomas’ opinion debated, and termination of pregnancies based on genetic testing leads to decline in down syndrome populations.

43
Q

What is an ancient device under the British common law to protect those who were considered property of the estate (seigneur).

A

Guardianship.

Modern day transferred to chancery or probate court jurisdiction

44
Q

Modern (20th Century) thought has recognized the human and civil rights of children and people with disabilities

Current paradigm recognizes people with I/DD as fully realized citizens who have the capacity, with appropriate supports, to make decisions for themselves.

What is this?

A

Subordination (non-discrimination) theory

45
Q

Guardianship: Who qualifies based on legal construct of _____.

Why is this complicated?

A

incompetence in Ohio. (CAPACITY) slightly different definitions.

Critical inquiry. Legal, functional and medical capacity are difference concepts.

46
Q

Who has legal capacity?

A

Everyone.
All persons with disabilities presumed to have capacity to make decisions affecting their lives.

47
Q

Critical inquiry

A

what accommodation is reasonable to allow the person to make their own decisions

48
Q

All these things were talking about what:

Dinerstein, Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with Disabilities: The Difficult Road from Guardianship to Supported Decision Making, 19 Human Rights Brief 8, 10 (Winter 2012).

Ross v. Hatch, Virginia Circuit Court for the City of Newport News (August, 2013)

In re Guardianship of Dameris L., 38 Misc. 3d 570, 580 (N.Y. Surr. Ct., N.Y. Cnty. 2012) Circle of Friends

A

Person centered planning / Supported decision-making

Sign not ratified. = protection under law

49
Q

What laws were important in establishing guardian’s role?

A

AIDD, National Guardianship association.

OHIO SUPREME COURT RULE OF GOVERANCE 66- ESTABLISHED STANDARDS

50
Q

Guardianship limits?

A

Inherently personal decisions are not allowed, e.g. voting, marriage, certain reproductive rights issues

Guardians do not have the authority to require services that are not in the medical interest of the client

(Is the provider willing/able to enforce the rights restriction/Does the provider feel confident enough to say “we can’t enforce that”)

Guardian can only consent or withhold consent, cannot compel services that conflict with regulatory environment

51
Q

UN Convention on the Rights of People with Disabilities: What does it do? Has the US signed it yet?

A

Signed but not ratified. Senator portman didn’t vote or take position.

Equal recognition as persons before the law, have legal capacity, and prevent abuse (equal rights, finances).

52
Q

Ohio Constitution, Article V, section 5 sadly still says what?

A

No voting for those with ID

53
Q

Voting Rights:

Doe v. Rowe,156 F.Supp2d 35 (D.Me. 2001)

and

Doe; Glancy v Morrow Co Board of Elections, No. C-2-82-991 (S.D. Ohio April 20, 1984) and Secretary of State Directive 84-20

A

Doe v. Rowe,156 F.Supp2d 35 (D.Me. 2001)- nature and effect of voting. State law was rejected by court as effective in protecting the rights of the voter.

Doe; Glancy v Morrow- Guardianship not preclusive to voting

54
Q

Competency assessment tool for voting by Karlawish, Bonnie, and Appelbaum based on Doe v. Rowe determined what?

A

people with brain injuries were equally competent in the realm of voting competence and political knowledge as the average college student

55
Q

Beckman’s conclusion on voting?

A

Test cognitive rather than voting capacity, and is like literacy tests, discrimination if only for those with ID.

56
Q

Pam Karlan’s conclusion on voting?

A

It’s all based on our emotions anyway

57
Q

In what ways has medical care been denied on disability?

A

Organ transplant, withdrawal of treatment from infants, end of life decisions, rationing of care in pandemic.

Indiana Baby Doe case
 504 regulations by HHS
Bowen v. American Hosp. Ass’n, 476 U.S. 610 (1986) –> Reagan case.

58
Q

HHS Office for Civil Rights in Action, BULLETIN: Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19)(Mar. 29, 2020)

A

Culmination of work on medical care based on disability.

Deny medical care based on disability or quality of life, then it is abuse.

59
Q

Susan Stefan “Dancing in the Sky”.

Do LTC providers have love and intimacy training?

Can person with dementia consent to sex?

A

Only 25-30% have formal training. 30% had no training at all.

Can person with dementia consent to sex? Yes

60
Q

Who had an affair with disabled student who had trouble communicating?

A

Anna Stubblefield

She was a professor at a college, brother who was non communicative. Facilitated communication device. Convicted for sexual abuse. So many people involved.
No one has made an attempt to ask what he thinks about this.

61
Q

John O’Connor

A

Dementia, fell in love with someone else.

62
Q

Overall what do the studies show when it comes to disabilities and rights?

A

tell people they can’t do this, they will act out, put on psychoactive medication, die sooner. Oversimplifies a little. Work with what they want to do UNLESS: harm themselves or others.

63
Q

Can care providers have sexual relationship with patients?

A

No, not even spouses.

anything else ambiguous

64
Q

Federal Law medicaid/care standards of care

A

right to private visits, to have private visits of the resident’s choosing, and to share a room with your spouse. These laws emphasize respect, privacy and self-determination.

65
Q

Sexuality: 42 CFR § 483.420(a) Protection of clients’ rights

A
  1. No abuse
  2. personal privacy
  3. meet privately with whoever they want
66
Q

Sexuality: 42 CFR § 483.420(c) Communication

A

Promote visits by individuals with a relationship to the client (such as family, close friends, legal guardians and advocates) at any reasonable hour, without prior notice, consistent with the right of that client’s and other clients’ privacy, unless the interdisciplinary team determines that the visit would not be appropriate;

67
Q

State Law on sexuality

A

Rev. Code 5123.62: Rights of persons with a developmental disability
o Privacy, including periods and places
o Social interaction with members of either sex
o Treated equally as citizens under the law

Rev. Code 3721.13: Residents’ rights (nursing home)
o Exercise all civil rights
o Private visits
o Private visits with spouse
o Doors closed and knock before entering

68
Q

Capacity vs. Competence

A

Capacity- Fluid. Varies by day, time, and decision.

Competence: legal determination: relevant to guardianship, does not remove day to day decision-making authority

69
Q

Issues with consent?

A

Power differentials, informed consent, communication of consent with tech, how do we assess, criminal prosecution of those without impairments

70
Q

What’s wrong with medical model of informed consent?

A

holds the person with a disability to a higher standard
than the manner in which people without disabilities engage in sexual conduct

Sex is like voting, more emotional.

Disability bubble- lack of privacy, heightened intrusion

71
Q

Criminal codes for sex with those with disabilities based on what?

A

Relationship between the individuals (spouses, living together, MH treatment, guardian, Supervisory/disciplinary authority)

Ability of the individuals to resist or consent (Mental/physical condition, advanced age, Ability to understand or control conduct, Awareness of the act, Impaired judgment/control due to medication)

72
Q

The ones we sent away Atlantic Story

A

Women sent away, sister found her, found out she had physical disability that could be addressed, had a good life.

Homestead vs. LC, Lowis Curtis. Got out of institution, public speaker and artist.

73
Q

Courntney’s disability story

A

Couldn’t find label. Not autism, not deaf. stopped looking for one.

Why can’t schools by ipads?
Non-profit, has masters, because they got her an ipad.

74
Q

Disability as a construct

A

Qualify for services, protect from discrimination.

Everyone has limits, everyone has agency.

Disability is a construct. Need to have it so people qualify for things, but without construct, no one has a disability. Self-determination.

We often talk to family about medical decisions. We all do it.

Autism7717 Exam 2 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions