Summer 2012 - Madison Cortland ARC

PEOPLE COME FIRST
Carol Neveu meets Governor Cuomo
Governor Andrew M. Cuomo, announced an agreement
on legislation that will establish the strongest
standards and practices in the nation for protecting
people with special needs and disabilities.
The legislation creates a new Justice Center for the
Protection of People with Special Needs, an initiative that
will transform how the state protects over one million New
Yorkers in State operated, certified or licensed facilities and
programs.
The Justice Center will have a Special Prosecutor and
Inspector General for the Protection of People with Special
Needs who will investigate reports of abuse and neglect
and prosecute allegations that rise to the level of criminal
offenses. It will also include a 24/7 hotline run by trained
professionals, a comprehensive statewide database that
will track all reports of abuse and neglect and a statewide
register of workers who have committed serious acts of
abuse who will be prohibited from ever working with
people with disabilities or special needs. The information
obtained by the Justice Center will also provide the means
to analyze abuse pattern and trends in order to prevent
future abuse and provide a basis for the training and
supports that program managers and direct care workers
need to meet their critical responsibilities.
“The Justice Center for the Protection of People with
Special Needs will give New York State the strongest
standards and practices in the nation for protecting
those who are often the most vulnerable to abuse and
mistreatment,” Governor Cuomo said. “This new law will
help us protect the civil rights of the more than one million
New Yorkers with disabilities and special needs who for too
long have not had the protections and justice they deserve.
This legislation recognizes the dedication and good work
of the many employees who care for the disabled, and we
Photo courtesy of the George H.W. Bush Presidential Library
Reflecting on a Life Changing Law
President George H.W. Bush signs the Americans with Disabilities
Act of 1990 into law. Left to right are Evan Kemp, Rev. Harold
Wilke, President Bush, Sandra Parrino and Justin Dart
By Ray Lewandowski
Twenty two years ago, the United States was quite a
different place. In 1990 gas was $1.34 a gallon, women
wore oversized sweaters and slouch socks, cellphones were
called car phones, a favorite movie may have been Home
Alone, Good Fellas, or Edward Scissorhands, and Michael
Jordan led the Chicago Bulls to a championship. It really
does seem like yesterday.
Prior to 1990 there was something that you didn’t always
see especially in public places like stadiums, movie theaters,
restaurants, and certainly driving a car. That was a person
with a disability.
It was on July 26, 1990 when President George H. Bush
signed the Americans with Disability Act and at his side
were Evan Kemp and Justin Dart. Two strong advocates for
will continue our commitment to providing proper training
and support for those who work in these facilities. I
commend the Legislative leaders for reaching an agreement
on this important bill and thank the many New Yorkers
who worked hard across the state to make sure the Justice
Center could become a reality.”
The Justice Center for the Protection of People with
Special Needs will have primary responsibility for
tracking, investigating and pursuing serious abuse and
neglect complaints for facilities and provider agencies
that are operated, certified, or licensed by the following
six agencies: The Department of Health (DOH), the
Office of Mental Health (OMH), the Office for People
With Developmental Disabilities (OPWDD), the Office
of Children and Family Services (OCFS), the Office of
Alcoholism and Substance Abuse Services (OASAS),
and the State Education Department (SED). The Justice
Center will also absorb all functions and responsibilities
of the Commission on Quality of Care and Advocacy for
Persons with Disabilities, with the exception of the Federal
Protection and Advocacy and Client Assistance Programs
which will be designated to a qualified non-profit.
The bill will also provide for re-designation of an
independent agency to conduct protection and advocacy
and client assistance functions, in conformance with federal
provisions governing oversight of the state’s system of care
for persons with disabilities. The independent agency will
provide information, references and technical assistance to
address the needs of individuals with disabilities; pursue
administrative and legal remedies as necessary to protect
and advocate for the rights of individuals with disabilities;
investigate incidents of abuse and neglect reported to the
independent agency; and establish a grievance procedure to
ensure that individuals with disabilities have full access to
services of the agency.
people with disabilities and two people who had experienced
discrimination throughout their lifetime because they used
wheelchairs, they had disabilities.
The signing of the Americans with Disability Act was the
equivalent to lifting shackles off a wrongfully accused
prisoner. It was freedom.
I had the pleasure of working with Justin Dart. He was a great
orator with a powerful voice. Justin was about 18 years old
when he contracted polio which left him wheelchair bound.
An extremely intelligent man, Justin attended the University
of Houston and majored in history and education. When it
was time for him to graduate the university refused
to give him a teaching
certificate because
of his disability,
because he used a
wheelchair.
I remember in
January 1991,
the ARC and the
Madison County
Community
Coalition for
the Elderly
held a joint
town meeting
to discuss the
ADA and what
it meant for our
community.
A gentleman
spoke about
his life in a
wheelchair.
He said that when he approached
Summer 2012 - Madison Cortland ARC - 3
Carol Neveu, a parent and member of Madison Cortland
ARC met with Governor Cuomo to express concerns. Visit
www.Justice4SpecialNeeds.com to hear why it’s important
to Carol.
The new law will also replace confusing and inconsistent
definitions of abuse and neglect in various laws and
regulations with a single consistent standard applicable to
human services systems.
Under the legislation, a new level of transparency will
be created for non-state operated facilities and programs
licensed or certified by the State to serve people with
disabilities and special needs. These entities, working
with the Justice Center, will need to follow transparency
guidelines based on FOIL for information requests
regarding abuse or neglect of the people they serve.
New Yorkers can learn more about the Justice Center at
www.Justice4SpecialNeeds.com
Edited from Governor Cuomo’s Press Release on June
17, 2012. The complete release can be found at www.
Justice4SpecialNeeds.com
a business that had an 8 inch step it was a sign that they
didn’t “serve the handicapped”. We have come a long way
since then.
Is it a perfect world? No, there are still improvements that
need to be made. But, the awareness that the Americans with
Disability Act has brought to our world is great. All people,
people who stand tall or people who are in wheelchairs, it
doesn’t matter, all people are equal.
To quote my friend and mentor Justin Dart... “We will Lead
On!”
Below are excerpts of one of Justin Dart’s last speeches. He
passed away in 2002.
Let my final actions thunder of love, solidarity, protest - of
empowerment.
I call for solidarity among all who love justice, all who love
life, to create a revolution that will empower every single human
being to govern his or her life, to govern the society and to be
fully productive of life quality for self and for all.
I do so love all the patriots of this and every nation who have
fought and sacrificed to bring us to the threshold of this beautiful
human dream. I do so love America the beautiful and our wild,
creative, beautiful people. I do so love you, my beautiful colleagues
in the disability and civil rights movement.
I am the luckiest man in the world to have been associated with you.
Thanks to you, I die free. Thanks to you, I die in the joy of struggle.
Thanks to you, I die in the beautiful belief that the revolution of
empowerment will go on. I love you so much. I’m with you always.
Lead on! Lead on!
Justin Dart