Visitability is a disability advocacy movement to create systemic change in new home construction so that all persons can feel welcomed. Thinking about these issues as you build or participate in city planning is a great Partners practice!
The Workforce Innovation and Opportunity Act significantly limits placements at sheltered workshops and other work environments where people with disabilities earn less than minimum wage.
Under the new law, individuals with disabilities age 24 and younger will no longer be allowed to work for less than the federal minimum of $7.25 per hour unless they first receive pre-employment transition services at school and try vocational rehabilitation services.
See entire article at Disability Scoop for June 22, 2014.
Oklahoma is one of many states that can automatically remove the right of an adult to vote once they are placed under a guardianship. The potential ward, guardian or other adults can make persuasive statements to the judge to protect an adult’s right to vote. However, a judge’s ruling of “total incompetence” does include denying voting rights (fact checked with the Oklahoma Disability Law Center). The process to have voting rights restored is available here.
The following explain guardianship as well as other options:
A state by state guide on adult guardianship can be found here.
A brief article, Guardianship Is Not Self-Determination, by Kathy Harris, 2012.
Here is the Oklahoma law concerning guardians and wards:
Title 30. Guardian and Ward
Oklahoma Guardianship and Conservatorship Act
Appointment of Guardian
Article Article III – Adults
Section 3-106 – Rights of Incapacitated or Partially Incapacitated Person –
A. In all hearings conducted pursuant to Article III of the Oklahoma Guardianship and Conservatorship Act, an individual who is alleged to be or found to be an incapacitated or partially incapacitated person shall have a right to:
1. Notice as provided in Section 3-110 of this title;
2. Be present at such hearings;
3. Compel the attendance of witnesses;
4. Present evidence;
5. Cross-examine witnesses;
6. Appeal adverse orders and judgments as provided by the rules of civil procedure;
7. Representation by court-appointed counsel upon request; and
8. Request that the proceedings be closed to the public.
B. The requirement of notice to the subject of the proceeding shall not be waived. The requirement that the subject of the proceeding be present at a hearing may be waived only for good cause shown. The court shall make inquiries to determine whether there is sufficient cause to waive the right to be present. Whenever the requirement that the subject of the proceeding be present is waived, the court shall make a finding on the record as to the reason the subject of the proceeding is not present at the proceeding and the alternatives which were considered to enable the subject of the proceeding to be present.
C. Any person may apply for permission to participate in a proceeding or to be admitted to a proceeding which has been closed to the public. The court may grant the request to participate upon determining that the best interest of the subject of the proceeding will be served thereby. The court may, for good cause shown, grant the request of such person for permission to be admitted to the closed proceeding upon determining that said person has a legitimate interest in the proceedings. In granting either request, the court may impose any appropriate conditions it deems necessary.
D. If the subject of the proceeding is under the influence of psychotropic medication, during any judicial hearing held pursuant to the Oklahoma Guardianship and Conservatorship Act, the court shall be advised of this fact, the purpose of the medication, and the effect which it may have on the individual’s actions, demeanor and participation at the hearing.
E. Statements of individuals alleged or found to be partially incapacitated or incapacitated persons made during the course of the evaluations, examinations and treatment pursuant to the Oklahoma Guardianship and Conservatorship Act shall be privileged and confidential. Such statements shall not be admissible without the individual’s consent in any civil or criminal proceeding other than a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act.
F. A party to a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act may be relieved of court costs and filing fees as specified by Section 152 of Title 28 of the Oklahoma Statutes or as provided by Section 192 of Title 56 of the Oklahoma Statutes.
G. At the request of any party to a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, the court shall order that a stenographic or mechanical record of the proceeding be made.
“Disability world” is filled with acronyms, diagnoses and terms we may be unfamiliar with. The resources below are helpful and we encourage you to share them in your communities.
The Alphabet Soup Book is a publication by the Center for Learning and Leadership/Oklahoma’s University Center for Excellence in Developmental Disabilities (UCEDD) hat explains disability-related acronyms.
The Center for Parent Information and Resources has a similar web-based resource.
The National Council on Disability freely provides a 400+ page report on the experiences of parents with disabilities.
Through the Looking Glass is parent education agency, based in CA, that supports parents who have disabilities in their child rearing choices. They also focus on finding baby and child items that can accommodate patents with disabilities.
PACER’s Family Advocacy and Support Training (FAST) Project provides an extensive, national report of 2400+ parents whose children had more than 300 physical, cognitive or health related disabilities.
Diana McCalment, Designs for Progress, 2012
In 2009, there were 596,000 Oklahoma citizens acting as caregivers. They provided an estimated 570,000,000 hours of care giving with an annual market value of $6,000,000,000. The economic value of each hour of care in Oklahoma was estimated at $10.44 per hour. This includes caregiving for elderly family members and for family members with intellectual disabilities.1
Long term caregiving has significant financial consequences for caregivers, particularly for women. Informal caregivers who leave the workforce when they are 50 years of age or older personally lose about $303,880over a lifetime: $115,900 in wages, $137,980 in Social Security benefits, and conservatively $50,000 in pension benefits. 1
Caregivers face the loss of income of the care recipient, loss of their own income if they reduce their work hours or leave their jobs, loss of employer-based medical benefits, shrinking of savings to pay caregiving costs, and a threat to their retirement income due to fewer contributions to pensions and other retirement vehicles.
On March 22, 2012, 6,563 people with intellectual disabilities were receiving care in a parent or relative’s home, having requested services from the Department of Human Services. Assuming each person has a caregiver, that means over 6563 Oklahomans were involved in long term caregiving for people with intellectual disabilities. 2
If the national statistics for economic impact quoted above are used, that means Oklahomans caring for people on the Waiting List loose $1,993,839,400 in wages over their lifetimes. At a 5% state income tax rate, the state of Oklahoma looses $99,691,970 in potential state tax dollars. However, those numbers are based on a person leaving the workforce at age 50. For many of the caregivers involved with people with disabilities, the age at which they left the workforce was much earlier.
Another facet of caregiving is the economic value of the service provided. If each caregiver for a person on the Waiting List provided only 40 hours of care per week, 50 weeks a year, the economic value of their caregiving would be $137,035,440 annually. Obviously, most caregivers provide the service more than 40 hours per week.
Caregiving also has a substantial impact on business. Lost productivity due to informal caregiving costs businesses $33.6 billion per year.4 These costs include those associated with replacing employees, absenteeism, workday distractions, supervisory time, and reductions in hours from full-time to part-time. The average annual cost to employers per full-time employed caregiver is $2,110.3
Additionally, recent research shows a link between employed family caregivers of older relatives and their health care costs. In this study, employers were found to be paying about 8 percent more for the health care of employees with eldercare responsibilities compared to non caregiving employees, potentially costing U.S. businesses an additional estimated $13.4 billion per year.4
Working caregivers often suffer many work-related difficulties due to their “second careers” as caregivers. Sixty-seven percent of family caregivers report conflicts between caregiving and employment, resulting in reduced work hours or unpaid leave.6
1 AARP Public Policy Institute. Valuing the Invaluable: 2011 Update: The Growing Contributions and Costs of Family Caregiving. Washington, DC.
2 www.OKWaitinglist.org: March 22, 2012 Notes from the Waiting List Meeting
3 MetLife Mature Market Institute and NAC, MetLife Caregiving Study: Productivity Losses to U.S. Business (Westport, CT: MetLife Mature Market Institute, and Bethesda, MD: NAC, 2006). The lost productivity estimates are based on the 2004 survey of U.S. caregivers conducted by NAC and AARP, Caregiving in the U.S. 2004.
4 MetLife Mature Market Institute, NAC, and University of Pittsburgh, MetLife Study of Working Caregivers and Employer Health Care Costs (Westport, CT: MetLife Mature Market Institute, February 2010).
5 Metropolitan Life Insurance Company and National Alliance for Caregiving (1997, June). The Metlife study of employer costs for working caregivers. Connecticut: Metropolitan Life Insurance Company.
6 Family Caregiver Alliance (2009). 2009 National Policy Statement. San Francisco, CA.
- Guiding truths that shape the way individuals, families and service providers interact
- Establish common ground upon which individuals, families, advocates and service providers operate
- Form the basis for program policy and practice.
WHEN WE ENGAGE WITH INDIVIDUALS AND FAMILIES WE WILL…
HONOR THEIR EXPERTISEand right to make choices that they know to be in their own best interest
RESPECT AND ACCEPT THEIR VALUESthat are based in personal preferences, cultural beliefs and life-ways
SUPPORT INDIVIDUAL AND FAMILY RELATIONSHIPS that are safe, stable and long lasting
FOCUS ON THE ENTIRE FAMILY as it is defined by the family
PROMOTE FLEXIBLE SERVICE AND FUNDING supporting individual and family control over who, what, when, where and how supports are provided
AFFIRM LIFESPAN PLANNING AND SELF-DETERMINATION that encourages decision-making and planning for independence beginning within the family when children are young, following the individual throughout their life and including aging issues
ASSURE PARTNERSHIPS WHICH ACTIVELY INCLUDE INDIVIDUALS AND FAMILIESin planning, development, implementation and evaluation of policies, practices and personal programs
PRACTICE OPEN COMMUNICATIONpromoting a clear understanding of all aspects of systems policy, procedure, practice and all other information regarding them
RECOGNIZE THE IMPORTANCE OF THE COMMUNITY, where individuals and their families belong and realize their full potential
All people need enduring, stable family and community relationships. All families need support at times in their lives to maintain these lasting relationships. Individual and family support must assist across the lifespan, supporting the child within the family and the individual reaching independence. This assistance builds on natural sources of support including extended families, friends, neighbors and community associations. The way support is provided is a reflection of what we believe about individuals and families, a way of thinking about individuals and families and a way of engaging with individuals and families.
Developed by Members of the Oklahoma Family Support Council
Endorsed By These Organizations
Center for Learning and Leadership / UCEDD
Down Syndrome Association of Central Oklahoma (DSACO)
Family Perspectives Committee of the Oklahoma Commission on Children and Youth
Mom’s Group, Tulsa Advocates for the Rights of Citizens with Developmental Disabilities
Norman Social Services Coordination Council
Oklahoma Adoption Coalition
Oklahoma Chapter – National Association of Social Workers
Oklahoma Developmental Disabilities Council
Oklahoma Family Network
Oklahoma Family Resource Coalition
Oklahoma Respite Resource Network
Oklahoma Olmstead Strategic Planning Committee
United Cerebral Palsy of Oklahoma
Woodward Chapter — People First
National Center for Learning Disabilities: Military Families and Students with Learning Disabilities