Mental Health and the Criminal Justice System By William King Self, Jr., CELA There are large numbers of underserved individuals with mental illness in communities across the U.S.--largely due the federal government's failure to fund community programs in the wake of deinstitutionalization. A disproportionate number of these individuals become embroiled with the criminal justice system. [...]
By Judith C. Saltzman Parents increasingly recognize the dangers of bullying. One nationwide survey finds that 30 percent of parents with kids ages 12-17 fear bullying more than kidnapping! Children with disabilities are even more at risk. Another study finds that those with autism are three times more likely than neurotypical children to become victims. [...]
Melanie Courtney, a legal assistant with Frascogna Courtney PLLC, has conducted training in self-advocacy for The Arc of Mississippi. The Special Needs Alliance recently interviewed her concerning this growing movement within the disability community. SNA: How would you define "self-advocacy"? Melanie: Self-advocacy is about empowering someone with a disability to have a voice, enabling them [...]
By Benjamin A. Rubin, Esq., LLM When a family member has special needs, siblings grow up fast. Parents sometimes speak of how life changed for them when they began caring for a child with disabilities, but for me, and for many siblings, the special needs household is our only frame of reference. Growing up, even [...]
By Scott Suzuki, Esq. I've been involved with Special Olympics for over a decade. Although anyone can benefit from sports— building self-confidence and a sense of belonging while improving overall health and fitness, strength and coordination—for individuals with disabilities, there are added dimensions. Changing a Life When I first started coaching, one of the newest [...]
Service Dogs Can Change a Life By James A. Caffry, Esq., and Richard A. Courtney, CELA The relationship between canines and humans has been evolving for at least 14,000 years, and service dogs are a prime example of how we've benefited. Many people confuse the various types and roles of assistance dogs. According to Assistance [...]
By Mohan Mehra, President, The Arc Board of Directors, Washington, D.C. The Arc recently completed a national study of over 5,000 parents, siblings and caregivers of people with intellectual and developmental disabilities (I/DD). The study, titled FINDS (Family and Individual Needs for Disability Supports), asked about their needs and access to a broad range of supports [...]
By Catherine Leas, CELA The arts are a gift to all of us, but for individuals with special needs, they hold special promise. When Willy, who has severe developmental disabilities, plays guitar in a country western band on Friday nights, he becomes another person. Willy doesn't express himself well verbally, but when onstage, his confidence is [...]
By Andrew H. Hook, CELA Federal law stipulates that all children with disabilities are entitled to a free and appropriate education in the least restrictive setting possible. That's a broad—and vague—directive. As a result, special ed procedures and services vary widely throughout the U.S., sometimes differing markedly throughout a single state. What remains consistent, though, [...]
By Shawn Majette, Esq. Advance planning is essential in providing for the well-being of an individual with severe mental illness. The shifting presentation of its symptoms, however, demands an adjustable approach. While even a person with severe mental illness may usually be perfectly competent, modest changes in circumstances can rapidly cause a sharp and devastating [...]
By Carol S. Battaglia, Esq. Medicaid, jointly funded by the federal government and individual states, is arguably the most important public benefit available to individuals with disabilities. While eligibility guidelines, services and payment rates vary widely, the federal government requires that all state Medicaid programs pay for physician visits, prescriptions, hospitalization, lab work, x-rays and [...]
By Lois M. Zerrer It's an election year, and budget discussions at all levels of government are threatening decades of progress on behalf of individuals with disabilities. The stakes are high, and campaigning officials will be especially open to conversations with their constituents. If you've never before advocated with elected representatives, this is a good [...]
By Brian Rubin, Esq., Attorney and Parent of a 31-Year-Old Son with Autism A letter of intent (LOI), also referred to as a letter of guidance, is a roadmap for your child's "Future Team," the future trustees, guardians, and caregivers (both family and professional service providers). No one knows and understands your child as you [...]
By Kelly A. Thompson, Esq. Managing the care of a child with special needs is time-consuming and stressful. But for military families, who must relocate every three years, the process is grueling. A recently published study, co-authored by the National Council on Disability and the U.S. Marine Corps, details the challenges faced by participants in [...]
By Richard A. Courtney, CELA Accessible transportation is central to quality of life for individuals with disabilities. Unfortunately, it's just one more public service that has fallen victim to budget-cutting. I know that what I'm observing here in Jackson, Mississippi, is replicated throughout the U.S. Too few routes and wheelchair-accessible buses to support a growing [...]
By Barbara Isenhour, Esq. Individuals with disabilities and their families often worry about the effect that the individual's working will have on government benefits. Holding a job—aside from delivering a paycheck—is an important route to independence and self-esteem. On the other hand, disability cash benefits such as SSDI (Social Security Disability Insurance) and SSI (Supplemental [...]
By Shirley B. Whitenack, Esq. Regardless of the severity of an individual's cognitive impairment, that individual is presumed to be a competent adult at the age of 18. If the person will be unable to make important choices, the naming of one or more guardians should be considered. A guardian is a court appointee who [...]
By Barbara Hughes, Esq. When individuals with disabilities reach the age of 18, they are legally considered to be adults and in charge of their own education decisions. At this point, some will need to have parents or another adult appointed as guardian, to handle all or most of the decision-making. On the other hand, [...]
By Robert B. Fleming, CELA Planning for the lifelong care of a loved one with special needs is daunting. Even the most carefully constructed special needs trust can't be expected to account for all contingencies. Appointing a trust protector can provide added security when you're no longer able to monitor the trust's management yourself. Because [...]
By Katherine N. Barr, Esq. The prevalence of divorce for couples having a child with special needs is hotly contested. Some studies cite divorce rates up to 85 percent, while studies at the Kennedy Center at Vanderbilt University have reported significantly lower rates than the general population for couples having a child with Down syndrome. [...]