Services for Autistic children under attack by Gov. Schwarzenegger !!

Marty Omoto, Legislative Director | 12/04/03 | pollywog

[pollywog]

From: Marty Omoto, Legislative Director Sent: Wednesday, December 03, 2003 5:06 PM Subject: CA UCP CAPITOL REPORT #176-2003: Senate Budget Subcommittee Hearing Rescheduled for 12/10

CALIFORNIA UCP CAPITOL REPORT #176-2003 DECEMBER 3, 2003 - Wednesday Senate Budget Subcommittee Hearing on Governor's Spending Cuts Including Lanterman Suspension, IHSS and Respite Program Elimination Scheduled for 12/10 Wednesday 11:00 AM - Protest Rally Set for 10 AM

The Senate Budget Subcommittee #3 on Health and Human Services, chaired by Sen. Wes Chesbro (D-Arcata) has rescheduled the informational hearing on Governor Arnold Schwarzenegger's current year budget cuts for December 10, Wednesday morning at 11:00 AM in the State Capitol, Room 4203. The hearing will cover the Governor's health and human services related cuts proposed by the Governor, including suspension of the landmark Lanterman Developmental Disabilities Services Act - the civil rights act that protects people with developmental disabilities, proposed elimination of many programs including respite (for people with developmental disabilities), enrollment caps and waiting lists for a wide range of health programs - including regional center services, elimination of the In-Home Supportive Services residual program which employs parents and other family members to provide assistance to family members with disabilities.

Advocates for people with developmental and other disabilities and others - furious with the proposed cuts and suspension of the Lanterman Act, are mobilizing across the state, with protests and rallies. A large protest rally, planned for today (Dec 3) to coincide with hearings that were scheduled for today but postponed, is now planned for December 10, Wednesday morning at 10 AM on the North Steps of the State Capitol. For more information contact Marty Omoto at 916/446-0013 for more details (or send email to address below).

Governor Arnold Schwarzenegger's Department of Finance released Tuesday late afternoon actual draft legislation (referred to as "trailer bills") that details his proposals announced last week to suspend the landmark Lanterman Developmental Disabilities Services Act - the civil rights act that protects people with developmental disabilities in California, along with draft language covering proposed massive cuts to Medi-Cal, regional center funded services, In-Home Supportive Services and other programs. These cuts, proposed for the current year budget that California is now operating under, were announced last week as part of the Governor's package of proposals to address the state's fiscal crisis.

The Governor's proposals all require approval of both houses of the Legislature. The Senate Budget subcommittees - including the subcommittee that deals with health and human service programs were all scheduled to hold initial hearings Wednesday, December 3 on the Governor's spending cut proposals, however due to the urgency to pass the proposed bond and spending cap measures, those hearings were postponed, possibly until next week.

The draft legislation from the Governor stunned advocates for people with developmental and other disabilities, already reeling from what one parent called an absolutely "devastating" proposal to suspend the historic Lanterman Act and includes the following: * Would make drastic changes to the authority of a person's "individual program plan" by allowing regional centers to ignore any requirements in order to keep within their individual budgets. * In addition, the draft language proposes even tighter restrictions on spending for individual regional centers that fund services provided by community based organizations and others by prohibiting any overspending of their individual budgets for any reason. * It also appears that this draft language would propose to limit who could receive regional center services to the caseload of individual regional centers as of December 31, 2003 - and just a statewide caseload total.

DRAFT LANGUAGE TO SUSPEND THE LANTERMAN DEVELOPMENTAL DISABILITIES SERVICES ACT AND LIMIT THE NUMBER OF CONSUMERS SERVED BY REGIONAL CENTERS (Draft submitted to Legislature 12/2/03) Welfare and Institutions Code Section 1. Section 4631.6 of the Welfare and Institutions Code is added to read:

(a) (1) It is the intent of the Legislature to limit the caseload of the regional centers to the total number of individuals served by regional centers as of December 31, 2003. (2) Effective January 1, 2004, notwithstanding any provision of law or regulation, including but not limited to, the Lanterman Developmental Disabilities Services Act and the California Early Intervention Services Act, the total number of consumers for whom each regional center provides service coordination, develops an individual program plan or purchase of services or supports may not exceed the total number of consumers who were served by that regional center on December 31, 2003. However, regional centers shall continue to provide each individual with intake and assessment and shall determine whether each individual would be eligible for services if the caseload were not limited. (3) Effective January 1, 2004, no regional center may make new consumers eligible for services unless and until attrition occurs at that regional center. In determining which consumers are to be added to the regional center's caseload, the regional centers shall give priority to those consumers whose health or safety is jeopardized.

(b) The prohibitions contained in subdivision (a) shall not apply to consumers transitioning from a developmental center or state- operated facility pursuant to a community placement plan.

(c) (1) It is the intent of the Legislature that regional centers shall not exceed the amount appropriated for regional center services in the annual Budget Act, even if the result is that consumers with developmental disabilities are denied services or supports that have been included in the consumer's individual program plan. (2) Notwithstanding any provision of law or regulation, including, but not limited to, the Lanterman Developmental Disabilities Services Act and the California Early Intervention Services Act, no regional center may expend more than the amount allocated in that center's contract with the State Department of Developmental Services for that fiscal year. (3) Each regional center shall have the authority to deny, modify, reduce or terminate services to any consumer, including, but not limited to, those services and supports identified in the consumer's individual program plan. (4) Unless required by the Social Security Act or Individuals with Disabilities Education Act, none of the provisions of Chapter 7, section 4700 et seq., including the right to fair hearing, shall apply to any consumer whose services or supports have been denied, modified, reduced or terminated pursuant to this section.

Section 2. Section 4631.7 of the Welfare and Institutions Code is added to read:

Unless required by the Social Security Act or Individuals with Disabilities Education Act, effective January 1, 2004, notwithstanding any provision or law or regulation, including but not limited to, the Lanterman Developmental Disabilities Services Act, consumers receiving services through the Habilitation Services Program may not transition to a day program with an employment component or to service codes 055 and 063, unless the consumer is unsuccessful in the Habilitation Services Program.

Section 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to make the necessary statutory changes to implement budget reductions relating to public social services during the 2003- 04 fiscal year, it is necessary that this bill take effect immediately.

DRAFT LANGUAGE ON REGIONAL CENTER SERVICE ELIMINATIONS (Draft submitted to Legislature 12/2/03) Welfare and Institutions Code Add Section 4659.1 (a) Effective January 1, 2004, notwithstanding any provision of law or regulation, including but not limited to, the Lanterman Developmental Disabilities Services Act and the California Early Intervention Services Act, no regional center may expend purchase of service funds for any existing or new consumer for any of the following services or supports: respite, social recreation activity, social recreation program, camp, or non-medical therapy.

(b) The services and supports identified in subsection (a) include the following service codes as contained in or established pursuant to Title 17, California Code of Regulations, sections 54340 through 54356: 008, 028, 072, 084, 106, 525, 625, 690, 691, 692, 693, 694, and 850; and, to the extent that the service is for the purpose of providing respite, the following service codes: 074, 405, 415, 420, 707, 740, 742, 743, 744, 760, 851, 854, 856, 858, 860, 862, 864, 868, 869, 905, 910, 915, 920, 925, 930, 935, and 940.

(c) Unless required by the Social Security Act or Individuals with Disabilities Education Act, no consumer whose services or supports have been denied, modified, reduced or terminated pursuant to this section shall have a right to a fair hearing as described in Chapter 7, section 4700 et seq., and the regional center shall not comply with Chapter 7, section 4700 et seq. if it denies, modifies, reduces or terminates a service or support pursuant to this section.

NEXT STEPS * SENATE: postponed budget subcommittee hearings scheduled for 12/3 but may reschedule for next week to consider the Governor's proposals. Passage of many of the Governor's proposals are very uncertain. * ASSEMBLY: the Assembly budget subcommittees did not schedule hearings this week - and may meet next week, and as in the Senate - passage of many of the Governor's proposals is very uncertain. * GOVERNOR - Schwarzenegger is hoping for swift passage not only of his proposed spending cap and bond measures (the deadline for that is December 5 in order to qualify for the March 2004 primary ballot) but for his spending reduction proposals - many of which assume passage by January 2004. The Governor's Department of Finance is urging quick passage in order to achieve the greatest savings for the current year budget.

FOR MORE INFORMATION ABOUT THIS CA UCP CAPITOL REPORT * This is a online report for all Californians with developmental (& other disabilities), families, providers and other advocates, from the California Coalition of United Cerebral Palsy Associations a link to the California Community Advocacy Network. * If you would like to get on this distribution (and conversely, get off of it) please send an email with that request to: martyomoto@r... Sharing information is part of our organizing effort. Please feel free to forward or copy this (attribution is nice). We're all in this together! Marty Omoto, Legislative Director - CA Coalition of United Cerebral Palsy Associations 1225 8th Street Suite 480 Sacramento, CA 95814 VOICE PHONE: 916/446-0013 FAX number: 916/446-0026 email: martyomoto@r... Coalition Chair: Philip Ksarjian (UCP of Greater Sacramento) Past Chair: Ron Cohen (UCP of LA and Ventura Counties)

PROTEST RALLY NOW SCHEDULED FOR: 12/10/03 10:00 AM NORTH STEPS OF STATE CAPITOL "FIGHT FOR THE PROMISE FOR PEOPLE WITH DISABILITIES AND SENIORS!" and then come and attend and testify at the Senate Budget Subcommittee hearing that will consider the Governor's spending cut proposals at 11:00 AM.

[Weimdog]

No disrespect but 21,00 out of 35 million is not an epidemic.

"Autism is the fastest growing disability served by the California Department of Developmental Services (DDS), affecting more than 21,000 persons in California"

"The rate of growth in the population of persons with autism in California is commensurate with reported increases in other states, such as Georgia, Massachusetts and Minnesota."

http://www.dds.cahwnet.gov/autism/autism_main.cfm

[pollywog]

no offense taken Tempest. As you can tell , this is directly effecting so many that I know as well as our family. My nephew has a 19 year old severely autistic/non verbal son. His marriage has ended on the rocks from the constant stress and tension. Our granddaughter is Aspergers ( a form of autism).My daughter's home is constantly filled with stress with the outbursts and tantrums of our granddaughter. Our son often goes into fits and breaks things, causing much tension here in our home. Autism is one of the hardest handicaps to deal with.

[Al Simmons]

*BUMP*!! WELL_SAID!

[Sabertooth]

I will say again, I am AGAINST big spending! I am against wasteful spending. But disabilities and the helpless are another story in my books!!

So, you're against the big spending that doesn't benefit you and yours.

[Tactical]

Yes, I agree with that point. I personally have Asperger's Syndrome, a form of autism. I have also worked with autistic children, so I have a soft spot for them. However, I understand that free lunches don't exist, and that we can have those services privately (at lower cost and higher quality). Services aren't truly essential, because as self-governed people, we have the responsibility and right to find and cover our own services (which can be done at low cost if we let each private service have its own system).

Californian's can look next door at the state of Arizona. Great state, lousy programs for Developmentally Disabled kids.

They might help cover some expenses, but the state offers no such programs and they tell you to find a private company to handle the needed program. However, those programs are full and the outlying regions don't get those services. Great if you live in PHX or Tucson, screw Yuma or some other outlying county.

Our Autistic 7 yr old son just got authorized for physical therapy we requested help with 2 years ago. Great, know any PT's that will drive 200 miles to handle that therapy? We don't.

California has many programs of excessive spending, free schooling for illegals first comes to mind. Then there those special teachers for English as a Second Language classes mandated there too. Hmmm...wonder where the speech therapists are for Autistic kids. Maybe California's cutbacks will cause some to move to Arizona?

I think we're all on the same side, less taxes, balanced budgets and all, but there are truly people of really special needs that shouldn't get cut first. Let's save them for last in line and only in a HAVE TO situation.

[FreedomCalls]

Autism is one of the hardest handicaps to deal with.

And people never dealt with autism before the government took over?

His marriage has ended on the rocks from the constant stress and tension. ... Our son often goes into fits and breaks things, causing much tension here in our home.

Tension used to be called "life." You cannot expect the government to step in to guarantee you a stress-free lifestyle.

[Eva]

This program needs to be income based. Middle class parents should qualify, wealthy should not.

[pollywog]

You said it so well Tactical. And from one who understands. I have friends in Ariz. that have autistic children and I hear the same thing.

[FreedomCalls]

Our Autistic 7 yr old son just got authorized for physical therapy we requested help with 2 years ago. Great, know any PT's that will drive 200 miles to handle that therapy? We don't.

If he were my son, I would drive him the 200 miles to the therapist. Why can't you? Here in West Texas, we think nothing of driving 250 miles just to go shopping or to eat at an Olive Garden for goodness' sakes.

[Pan_Yans Wife]

BTW did they ever remove the luxury phone tax imposed as a temporary measure during the Spanish American war.

I was told they did.

[Pan_Yans Wife]

Means testing is called for, absolutely!

[Cinnamon Girl]

Have you called the Governor's office to double check what exactly is being proposed for cutting? I haven't heard specifics discussed yet. I am sympathetic to families with disabled children and I wonder if, like the educational system, most of the money is going to bureaucrats and administrators and not to the children.

[pollywog]

perhaps you can volunteer sometime to help a parent out with a autistic child. I think you would then realize the there is " stress" in life, which we ALL HAVE....and then there is " stress with autism"! In a totally different ballpark friend!

[pollywog]

f he were my son, I would drive him the 200 miles to the therapist. Why can't you? Here in West Texas, we think nothing of driving 250 miles just to go shopping or to eat at an Olive Garden for goodness' sakes.

unreal! Drive once or twice a week 200 miles for therapy on TOP of dealing with autism?

[elli1]

I'm curious about what other benefits you're collecting for these kids. Like SSI...

[Siamese Princess]

How did autistic people get along BEFORE the government teat was there for everyone to suck on? Since humans have walked on this earth there have been people with autism -- the government only started mucking around with this since the 1960s.

Most autistic people suffer from fits, though they are not epileptic. Perhaps they normally died young before the invention of all kinds of medicines.

[Pan_Yans Wife]

In "liberalese", a freeze is a cut.

[elli1]

"...elimination of the In-Home Supportive Services residual program which employs parents and other family members to provide assistance to family members with disabilities."------------------------------------------------------------------------------------------------------ Employs parents to provide assistance to family members? Really? How much? Should every new mom & dad get paid to stay home & take care of their infant? And for how long?

[pollywog]

I'm curious about what other benefits you're collecting for these kids. Like SSI...

I get the sense from this post that you are assuming we are making a " kill" on government money here!! Nothing could be further from the truth. SSI comes to most disabled adults. I can tell you it is probably the best tax dollars we spend. I KNOW there are those collecting SSI that have NO business doing so.I UNDERSTAND this fully. But the ones that need it, the hurting ones are going to be the ones that suffer from these " cuts" or " freezes" what ever ya want to call it.

[FreedomCalls]

Have you asked anyone from you church to help out? I'm sure they would be more than happy to assist. I'll bet that you haven't. Your knee-jerk reaction is to run to the government teat. You haven't even thought of asking at your church. You are a member of a church are you not? I'm beginning to doubt whether you are. That's is what churches are for after all. When you give money to the Salvation Army in front of Wal-Mart or put it in the offering plate on Sunday -- where do you think the money goes? If you need assistance your fellow church members will assist. If you need a therapist your church will help you find one. If you need, truly NEED, monetary assistance, you church will provide that as well. If on the other hand, you just want a stress-free lifestyle so you can chill out on the chaise-lounge sipping daiquiris while you hire someone else to deal with your life's problems -- then your church may not be sympathetic. I just had a relative go through cancer chemotherapy, which is no day at the park, and our church stepped in for much of what we needed.