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Psychiatric Hospital Patients Are At Risk During the Pandemic

Statewide closures complicate the plight of some people with mental illness


Restrictions implemented in response to the coronavirus (COVID-19) pandemic are largely intended to protect the public from the spread of the disease. Maryland’s statewide closure of schools, child care programs, and nonessential businesses, for example, was enacted to support limitations on large gatherings and social distancing to prevent exposures and transmissions, and reduce the threat to vulnerable populations. However, many don’t realize the unintended consequences these restrictions have in jeopardizing the lives of involuntarily-committed patients in Maryland’s psychiatric hospitals.

Emily Datnoff, a staff attorney in Disability Rights Maryland’s mental health unit, discusses the challenges patients face to effectuate their discharge and how those challenges can be addressed during the pandemic in a recent Baltimore Sun editorial.

Discharge from state hospitals and residential centers becomes virtually impossible when facilities stop evaluating patients, courts no longer conduct proceedings necessary to effectuate discharge, and community providers stop accepting patients. This is the dilemma many patients at state hospitals currently face. These problems are urgent and need to be addressed to protect patients from the inevitable spread of the virus.” – Emily Datnoff, the Baltimore Sun

Disability Rights Maryland is working to have efforts made to discharge patients to maintain their health and safety. If you have any questions or concerns, don’t hesitate to reach out to us. We are available to provide information, referrals, technical assistance, and limited representation during the pandemic.

For legal assistance, our intake line is open at 410-727-6352 or MD relay. Please leave a message and we will return your call as soon as possible. Please note that return calls may be made from blocked numbers since staff is working remotely.

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Maryland School District Continuity of Learning Plans

See How Your School District is Continuing Education During the COVID-19 Closure Period


Last Wednesday, Maryland State Superintendent Karen Salmon provided an update on school closures during the coronavirus (COVID-19) pandemic. She announced that “after lengthy discussions with health experts around the State,” she and other officials with the State Board of Education made the decision to extend closure of all public schools for an additional four weeks through April 24, 2020.

Dr. Salmon also provided information about the continuity of leaning of all students across Maryland:

“We are already working very closely with every school system to address issues affecting their ability to provide educational services to all of their students. It should also be noted that we will be diligent in providing educational services to our students with disabilities.

Local superintendents have provided me with their plans for the continuity of learning during the additional closure period. My staff at the Maryland State Department of Education has been reviewing the plans and determining what supports and resources the State can provide where needed.” Dr. Karen B. Salmon, School Closure Update

We understand that as a parent of a child with a disability, you have more questions than answers about the state’s special education services. As advocates for all Marylanders with disabilities, we want to do whatever we can to help.

Your child’s school should be reaching out to you to schedule an IEP meeting by telephone or by an online platform to determine what services can be provided to your child during this period of time when schools are closed. To find out generally how your school district is addressing continued student instruction during the closure period, please visit “Maryland School District Continuity of Learning Plans,” a resource guide created by Decoding Dyslexia’s co-founder Laura Schultz.

In addition to checking the Continuity of Learning Plans website frequently for updates, Disability Rights Maryland (DRM) suggests that you do the following:

  • Review your child’s individual education program (IEP) and pay particular attention to the goals and objectives.
  • Starting today, start keeping a log or journal of your child’s present levels of performance for each goal and objective. Feel free to video, take notes, or keep a record in whatever form is easiest for you. This will help you determine if your child is making progress, staying the same, or regressing.

This information will be helpful when it is time to discuss extended school year services for your child. It will also be helpful in determining if your child is entitled to compensatory services to make up for what your child does not receive during the closure period.

There is a lot of uncertainty and confusion about how students with disabilities in particular will receive continued educational services during the COVID-19 crisis. We hope that this information is helpful in mitigating those feelings.

 

Staying Updated


Consult our COVID-19 dedicated webpage for relevant news and guidance. If you have any questions or concerns, don’t hesitate to reach out to us. We are available to provide information, referrals, technical assistance, and limited representation during the pandemic. For legal assistance, our intake line is open at 410-727-6352 or MD relay. Please leave a message and we will return your call as soon as possible. Please note that return calls may be made from blocked numbers since staff are working remotely.

Thank you and stay safe and healthy!

Disclaimer: This information is provided as a public service and is not intended as legal advice.

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DRM‘s Adrienne Mallinson Presents at the 2019 TASH Conference

On December 7, 2019, Adrienne Mallinson, a Managing Attorney for the Developmental Disabilities and Healthcare team at Disability Rights Maryland (DRM), presented at the 2019 TASH Annual Conference in Phoenix, Arizona.

TASH (The Association for Persons with Severe Handicaps) is an international leader in disability advocacy. Founded in 1975, TASH works to advance inclusive communities through advocacy, research, professional development, policy, and information and resources for parents, families, and self-advocates. The inclusive practices TASH validates through research have been shown to improve outcomes for all people.

Ms. Mallinson summarized the contents of her white paper which describes the challenges facing individuals with intellectual and developmental disabilities in accessing personal assistance and personal support services in Maryland. Her presentation described the current problems with Developmental Disabilities and Community First Choice (CFC) services in Maryland and outlines the legal and policy choices facing advocates around the State.

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First Time Disability Rights Addressed

During the Democratic presidential debate on December 19, 2019, Tom Steyer was asked what specific steps a president could take to integrate individuals with disabilities into the workforce and their local communities. This is one of the first times, this election cycle, that a Democratic presidential debate included a prominent question about how candidates planned to address the needs of individuals with disabilities. Mr. Steyer surmised that the issues facing individuals with disabilities could be solved through increased focus and funding.

The question was then posed to Andrew Yang. Mr. Yang discussed his experience as a father of an autistic child while reframing the issue. Candidate Yang posited that the crux of the issue is how American society conflates economic value with human value. Mr. Yang proposed a “freedom dividend” of $1,000 a month to help families and suggested that the issue of education should be a federal priority, not a local one. Disability advocates have discussed potential conflicts between the freedom dividend and existing federal benefits programs.

Senator Elizabeth Warren, a former special education teacher, requested time to answer the question and proposed fully funding the Individuals with Disabilities Education Act (IDEA). When Congress initially passed IDEA they promised to fund 40% of the additional cost of special education. Currently, the federal government only funds approximately 14% of the extra cost. DRM staff works to ensure students in Maryland receive a free appropriate public education in the least restrictive environment, a right guaranteed by the IDEA and Section 504 of the Rehabilitation Act.

Senator Warren also discussed her housing plan which includes provisions related to increasing housing for people with disabilities that want to live independently. Finally, Senator Warren promised to address the pay disparity between individuals without disabilities and those with disabilities in federal contracts. DRM supported efforts to pass The Ken Capone Equal Employment Act (EEA) to abolish the payment of subminimum wage to people with disabilities in Maryland by 2020.

Disability Rights Maryland (DRM) was encouraged that the issue of disability rights was discussed during the Democratic presidential debate. These issues directly impact the 61 million Americans with a disability who make up approximately 23% of the electorate. DRM is committed to ensuring that the electoral process is fully accessible. During the 2018 election, Disability Rights Maryland surveyed candidates for statewide office and federal positions on issues related disabilities. DRM will be registering people to vote at a live stream of the Presidential Forum on Disability Issues an event Hosted by the American Association of People with Disabilities (AAPD) and REV UP Texas.

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Rights to receive reasonable accommodations in the workplace and live in integrated community

DRM recently joined Rooted in Rights and other P&A agencies around the country to produce short videos explaining the rights of people with disabilities to receive reasonable accommodations in the workplace, and the rights to live in integrated community settings instead of segregated institutions.

Reasonable accommodations in the workplace

Rights to live in integrated community settings

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