Disability Law Commons^™

The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic

UIC Law Review

This Comment shall discuss and evaluate the guardianship decision-making standard implemented in Estate of Howell as it relates to guardianships of disabled persons, and why Illinois has the best scheme for safeguarding the assets of a disabled adult when a guardian creates an estate plan on his or her behalf. The discussion is based on the holding in Estate of Howell that a guardian may act on behalf of the disabled adult’s interests and therefore the disabled adult’s last will and testament need not conform to the rules of intestacy, because of the hierarchical substituted judgment and best interests rule …

Legal Issues In Child Welfare Cases Involving Children With Disabilities, Joshua B. Kay, Frank E. Vandervort

Book Chapters

This chapter examines the legal framework applicable when child maltreatment and disability intersect. It begins with a brief description of the constitutional foundation forparent-child-state relations. It provides an overview of relevant federal child welfare laws, which today shape each state’s child protection system. It then considers the application of various federal laws governing work with children and families when a child has a disability. In doing so, we consider the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act, and we touch upon Social Security benefits for children. This chapter does not …

Accommodating Invisible Illnesses And Disabilities In The Workplace, Elizabeth Simmons

Honors Program Theses

As our society evolves and becomes more accepting of people impacted by disabilities, we need to work to understand how to best accommodate those disabilities in the workplace. If employees and supervisors were trained on the importance of accommodating disabilities and the potential legal risk associated with a lack of accommodation, I believe they would be more open to implementing those accommodations. This research has taught me the value of how you can never understand what every person is going through. Each individual may have different needs, but it is the duty of HR professionals to attempt to create a …

How Minnesota's Reliance On Private Group Homes Impacts The Rights Of Indviduals With Disabilities, Abbie J. Thurmes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Data Note: Time From Vr Application To Closure In Employment For Adults With Intellectual Disabilities, Alberto Migliore, Uchenna Nwangwu, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Getting a job as soon as possible after applying for vocational rehabilitation (VR) services is important for job seekers with intellectual disabilities. This DataNote describes how long it takes for job seekers with intellectual disabilities to go through the steps from application for VR services to determination of eligibility, completion of an individual employment plan, and closure into integrated employment.

What Is The Relationship Between Gender And Employment Status For Individuals With Idd? Findings From The National Core Indicators Adult Consumer Survey (Bringing Employment First To Scale, Issue No. 9), Kelly Nye-Lengerman, Caro Narby, Sandra Pettingell, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Gender-based discrimination is a persistent problem in the workforce. Like their peers without disabilities, women with intellectual and developmental disabilities (IDD) often have less opportunity to achieve employment outcomes as compared to their male counterparts.

Analysis of data from the 2012–2013 National Core Indicators (NCI) Adult Consumer Survey shows a disparity in access to community jobs between men and women. These data show that women are significantly less likely than men to have a paid job in the community. Among the sample of respondents who worked in a community setting, only about one third were women.

How Is Guardianship Status Related To Employment Status For People With Idd? Findings From The National Core Indicators Adult Consumer Survey (Bringing Employment First To Scale, Issue No. 10), Kelly Nye-Lengerman, Caro Narby, Sandra Pettingell, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Many individuals with intellectual and developmental disabilities, or IDD, have a legal guardian who assists them in making life decisions about housing, health, and employment. A recent analysis of data from the National Core Indicators (NCI) Adult Consumer Survey has found that people with IDD who were represented by a legal guardian were less likely to have paid employment than people who were their own legal guardians.

This finding may help us understand the role that legal guardians play in access to employment. If guardianship is a potential barrier to community-based work, then guardians need to be directly engaged in …

Engaging Families Effectively: Results From A Forums And Facebook Group Qualitative Research Study, John Kramer, Jennifer Bose, Eric Mcvay, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Attendees learned how families have modeled employment and advocated for their children to have early work experiences similar to those of their peers without disabilities. Attendees heard how the service system and families have tried to engage across language barriers and socioeconomic differences. The strategies that currently exist to inform families about transition and employment will be discussed, and juxtaposed to the common themes found throughout focus groups and interviews around what they proposed would be the best timing of engaging families about transition services, the best methods of disseminating transition process knowledge, the knowledge gaps, and the strategies that …

Partnerships In Employment: State Self-Assessment Toolkit For Systems Change In The Transition Of Youth And Young Adults With Intellectual And Developmental Disabilities From High School, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This self-assessment tool was developed for those who wish to embark on state-wide governmental systems change to improve high school transition and employment outcomes for youth and young adults with intellectual and developmental disabilities (IDD). Its purpose is to aid in the development of a work plan that is based on a review of the state policies, practices, and strategies that impact transition from school and opportunities for competitive integrated employment of youth and young adults with IDD.

This tool incorporates research identifying elements of state government that support high rates of participation in integrated employment (Hall et al., 2007), …

Despite Some Gains, Social Security Administration Data Show A Low Level Of Workforce Participation Among Ssi Recipients, Daria Domin, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

According to the Social Security Administration (SSA), a total of 4,961,659 blind and disabled recipients1 between the ages of 18 and 64 received Supplemental Security Income (SSI) benefits in 2015. Out of the almost 5 million individuals receiving SSI benefits, only 6.3% worked (n=311,922).

Adults with disabilities between the ages of 40 and 64 were a significant demographic of people who receive SSI, constituting almost two thirds of recipients in 2015 (64%; n=3,167,307). However, only 3.5% (n=111,762) of SSI recipients with disabilities in this age group worked.

In comparison, younger SSI recipients (ages 18–39) constituted 36% (n=1,794,352) of the …

Beyond Training: Engaging Families In The Transition To Employment (Bringing Employment First To Scale, Issue No. 12), John Kramer, Jennifer Bose, John Shepard, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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We conducted an extended search of trainings provided by state agencies and service providers that are targeted towards families. Trainings in the form of written material (handbooks, brochures and computer-based courses) or given in person by service professionals, peers and others have been found to raise expectations that family members with IDD can become employed in their communities. While an extensive review of these materials is beyond the scope of this brief, we surmise that they continue to be useful in changing families’ level of knowledge about employment possibilities, job search strategies, job accommodations, and benefits planning. However, training on …

From Sheltered Work To Competitive Integrated Employment: Lessons From The Field (Bringing Employment First To Scale, Issue No. 11), Amie Lulinski, Jaimie Ciulla Timmons, Stephane Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Community providers across the nation are embracing the transformation from facility-based employment supports to competitive integrated employment. While many providers believe in inclusion and Employment First for the individuals they support, some struggle to make their vision a reality. The process of organizational transformation can seem daunting without an understanding of the full range of tactics and approaches available.

The Institute for Community Inclusion (ICI), in conjunction with The Arc of the United States, is conducting research to better understand the transformation process and to guide the development of tools and resources for providers seeking to transform their services. As …

Assisting Job Seekers With Intellectual And Developmental Disabilities: A Guide For Employment Consultants (Bringing Employment First To Scale, Issue No. 13), John Butterworth, Alberto Migliore, Jennifer Bose, Oliver Lyons, Kelly Nye-Lengerman, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Interviews with employment consultants reveal 5 key elements for supporting job seekers with disabilities. This brief describes 5 key elements for supporting job seekers with intellectual and developmental disabilities in finding individual paid employment:

1. Building trust
2. Getting to know the job seeker
3. Addressing supports planning
4. Finding tasks/jobs
5. Providing support after hire

A checklist organized around these 5 key elements makes it easier for employment consultants to understand and implement these support practices.

Provider Organizational Transformation And Integrated Employment, Jaimie Ciulla Timmons, Wally Tablit, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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This webinar was so popular, we decided to run it again! Provider agencies across the country are transitioning from segregated “sheltered” workshop options to supporting integrated community careers for people with disabilities. This process of organizational transformation can be both exciting and challenging for provider staff and the people they serve. In this webinar, ICI researcher Jaimie Timmons shared findings from the RRTC on Advancing Employment for People with Intellectual and Developmental Disabilities. Jaimie shared the results of a Delphi panel of experts who examined 6 characteristics considered essential for provider transformation. Wally Tablit from AtWork in Washington state co-presented …

Listen Up! Listening Session For The Rrtc On Advancing Employment, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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Slides from a conference listening session about the Rehabilitation Research and Training Center (RRTC) on Advancing Employment for Individuals with Intellectual and Developmental Disabilities.

Rrtc On Advancing Employment: Bringing Employment First To Scale, Thinkwork! At The Institute For Community Inclusion At Umass Boston

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The RRTC on Advancing Employment for People with Intellectual and Developmental Disabilities, housed at the Institute for Community Inclusion at UMass Boston, is convening a State of the Science process in 2017. Towards that end, we are hosting a variety of listening sessions with multiple audiences to reflect the level of stakeholder engagement that has been a hallmark of the RRTC since our launch. In this listening session, we will focus on a “knowledge to action” agenda that grounds our research in issues important to the lives of individuals with disabilities and the systems and people that provide support. This …

Partnerships In Employment Brief: Influencing Changes In State Policy And Practice With Data On Subminimum Wages, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

Subminimum wage is a pervasive and controversial issue. In many states there are individuals with disabilities who earn as little as seven cents an hour and workers who do not earn any wages because they do not produce enough products to be paid wages for their work according to the 14(c) Certificate holder.

There are many ways that data on wages earned under Section 14(c) of the Fair Labor Standards Act, i.e., 14(c) Certificates can be used to influence changes in state policy and practice. This brief describes examples from Partnerships in Employment grantee states.

Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel

Journal of Criminal Law and Criminology

Specific laws aimed at the confinement of mentally disabled sexually violent persons have existed for years. Originally, these laws aimed to rehabilitate a person within a mental hospital and help him with his disorders, aiming to help him enter back into society. However, throughout the years, the laws morphed into ways to keep convicted criminals from society after their prison sentence ended for fear of potential future crimes. In Illinois, the courts find a man falls within the sexually violent persons law when he remains too dangerous to be released after his criminal confinement. A person must have a “mental …

‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell

Faculty Publications & Other Works

The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of children's behavioral challenges and failures by schools to implement appropriate behavioral supports and interventions, results in the isolation and segregation of some of the most vulnerable students. Research has clearly established that these exclusionary practices are ineffective both in addressing behavioral challenges and in keeping schools safer. In fact, disciplinary removals result in lost educational opportunities, increased dropout risk, criminal …

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

Articles

This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …