by Julia Endicott | Oct 16, 2024 | Alternatives to Guardianship & Supported Decision-Making, Press Releases
CONTACT: Julia Endicott
978-877-3871
jendicott@drme.org
FOR IMMEDIATE RELEASE
October 16, 2024
Disability Rights Maine Releases Report on the State of Guardianship in Maine
Augusta – Today, Disability Rights Maine released a report, Overprotected and Underrepresented: An Analysis of Adult Guardianship in Maine, which provides an overview of Maine’s current guardianship system.
This report, the first of its kind in Maine, synthesizes three years of guardianship data across Maine’s independent probate courts. This data is not otherwise tracked or analyzed, which for years hindered understanding of the scope and use of guardianship. DRM collected information on over 2,200 cases involving adult guardianship, and this report looks at how many cases resulted in the appointment of a guardian, the type of guardianship, the age of the adult, and whether the adult had an attorney to advocate for their interests and represent them in the guardianship proceeding.
In 2019, Maine overhauled the Probate Code and adopted a model law that imagined the appointment of an attorney in almost every guardianship case. Unfortunately, however, the data DRM collected over the three-year period showed that in more than 75% of cases, adults for whom guardianship was sought did not have attorneys. When the individual had a developmental disability, that number increased to 90%. “Disability Rights Maine has been working on guardianship reform for 20 years and although we have had significant success, this report highlights how much more we have to do,” said Kim Moody, Executive Director. “It is unacceptable that 90% of people with labels of intellectual or developmental disability who are facing the removal of their basic rights, are not appointed a lawyer to represent them. We must fix this.”
Maine people experience guardianship at nearly twice the rate of the national average, often starting when a young person turns 18. More than 90% of individuals under 21 had no attorney, and more than 90% were subsequently placed under guardianship.
“No person should have to face a complex legal proceeding without the aid of an attorney, especially when it affects their fundamental right to control their own life. Our analysis showed that when people had attorneys, less restrictive alternatives to full guardianship were far more likely to be implemented. Maine continues to show an overreliance on the use of guardianship, despite changes to the law,” said Legal Director, Lauren Wille.
“Maine must do a better job to educate families and schools that guardianship is not the only option to support their young adult into adulthood. Probate courts must do better in ensuring that people are provided the zealous advocacy they are entitled to. Many families may not fully understand the long-term implications of guardianship for their loved one. An attorney can play a crucial role in helping to clarify these complexities and exploring less restrictive alternatives that prioritize the individual’s rights and independence. It’s much easier to prevent a guardianship in the first place, than reverse it,” said Senior Managing Attorney, Staci Converse.
The updated Probate Code was necessary to uphold the rights of people with disabilities, but this recent data shows us that it was not enough to drive the change that was intended. People facing guardianship proceedings must be appointed lawyers to represent their interests and the courts must consider alternatives to full guardianship.
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Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.
by Julia Endicott | Oct 4, 2024 | Announcements, Community Inclusion
Are you a provider agency looking for training? Join DRM to unlock the power of person-centered planning.
Empower your clients with this dynamic, one-hour training, led by a passionate self-advocate who’s been there! The self-advocate, who recently completed an intensive, day-long workshop to prepare for this training, will come to YOU to teach your clients the ins and outs of the Person-Centered Planning (PCP) process. They’ll also be joined by staff from DRM or SUFU to assist.
The training covers:
- Pre-Planning: Get ready for a successful PCP Meeting
- Setting Goals: Create clear, achievable goals
- Advocacy: Make sure their voices are heard
Schedule your training today—it’s time to make sure everyone’s voice is at the center of their plan.
To schedule a training or find out more:
Contact Brian Harnish
Email: bharnish@drme.org
Phone: 207.626.2774 x104 (V/TTY)
Download and share the flyer (PDF)!
by Julia Endicott | Sep 26, 2024 | Press Releases
CONTACT: Julia Endicott
978-877-3871
jendicott@drme.org
FOR IMMEDIATE RELEASE
September 26, 2024
Disability Rights Maine Executive Director Recognized by Justice for Women Lecture Series
Augusta – Today, Disability Rights Maine Executive Director Kim Moody will receive the Courage is Contagious Award, which will be presented at the 2024 Justice for Women Lecture. Kim will be honored alongside Fowsia Musse, the Executive Director of Maine Community Integration.
This award is presented to outstanding leaders who demonstrate deep commitment to the mission of the Justice for Women lecture series, which seeks to raise awareness about global and local injustices experienced by women and girls. It also recognizes leaders who empower others and create a lasting impact and connection across Maine’s diverse communities.
This year’s lecture is entitled: “Empowering Women and Girls with Disabilities: Fighting Discrimination and Promoting Inclusion.”
“It is fitting that Kim should be recognized at this event, as she has dedicated her career to using her power as a disabled woman to fight discrimination,” said DRM Board President Andy Sarapas.
The lecture will take place this evening, beginning at 6:30 pm. The event is free, but registration is required.
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Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.
by Julia Endicott | Sep 24, 2024 | Announcements, Developmental Disability Advocacy
On behalf of the Department of Health and Human Services, the Cutler Institute at the University of Southern Maine is conducting a survey of people with autism spectrum disorder and their families to find out how you feel about the services you receive in Maine’s system of care for people with autism. The survey will help inform the Autism Spectrum Disorder Biennial Report that will be submitted to the Maine Legislature.
Participation in this survey is completely voluntary and will not impact any services and benefits you or your family member are entitled to and/or receiving now. Your name or other identifying information will not be collected. Your responses will be combined with those of everyone who took the survey.
The survey will be open for participation from September 19 through October 3, 2024.
If you need help completing this survey, please contact Craig Patterson at the Office of Aging and Disability Services at craig.patterson@maine.gov or at (207) 441-1168 (cell).
To take the survey, click on the link below:
Autism Biennial Report Survey
Thank you for participating!
by Julia Endicott | Sep 9, 2024 | Children's & Education Rights, Children's Advocacy, News, Press Releases
CONTACT:
Julia Endicott
978-877-3871
jendicott@drme.org
FOR IMMEDIATE RELEASE
September 9, 2024
Advocates Respond to U.S. Department of Justice Lawsuit Against State of Maine for Failures in Maine’s Children’s Behavioral Health System
The suit comes after more than two years of negotiations between the parties
Augusta – Today, the U.S. Department of Justice (DOJ) filed suit against the State of Maine based on its June 2022 findings that Maine discriminated against youth with disabilities by failing to maintain an adequate system of behavioral health services that prevent institutionalization. The lawsuit comes after settlement negotiations broke down.
“Twenty-five years after the landmark Supreme Court decision Olmstead v. L.C., which found that unnecessarily segregating people with disabilities into institutional settings violates the Americans with Disabilities Act, Maine children and their families are still waiting for a legally compliant behavioral health system. And despite calls for more than a decade to ensure the availability of those services, Maine has failed to do so. Unfortunately, this lawsuit was the necessary result of that continued failure,” said Atlee Reilly, Managing Attorney, Disability Rights Maine.
After initially receiving a complaint filed by Disability Rights Maine, the U.S. DOJ conducted a lengthy investigation and found:
- “Maine’s community-based behavioral health system fails to provide sufficient services. As a result, hundreds of children are unnecessarily segregated in institutions each year, while other children are at serious risk of entering institutions.”
- “Children are unable to access behavioral health services in their homes and communities—services that are part of an existing array of programs that the State advertises to families through its Medicaid program (MaineCare), but does not make available in a meaningful or timely manner.”
- “Maine children with behavioral health needs are eligible and appropriate for the range of community-based services the State offers, but either remain in segregated settings or are at serious risk of institutionalization.”
- “Families and children in Maine are overwhelmingly open to receiving services in integrated settings. In fact, parents indicated a strong preference that their children receive services at home due to trauma, neglect, and abuse that their children reportedly endured in residential facilities within and outside of Maine.”
Those findings should not have been a surprise to the State of Maine, which had been on clear notice of the widespread inadequacy of its community-based behavioral health system for children when a comprehensive assessment concluded, in 2018, that children’s behavioral health services were not available when needed, or not available at all. Two years later, a separate independent assessment of the juvenile justice system found that many youth are detained and incarcerated at Long Creek because they could not access appropriate community-based services for their behavioral and mental health needs.
What was true in 2018 remains true today- Maine continues to fail to ensure that children with disabilities have access to the community-based behavioral health services they need in their homes and communities. As a result, children with disabilities in Maine are unnecessarily institutionalized in residential facilities, including at Long Creek and in other residential facilities both inside and outside the state, severing their ties to family and community. This violates their right, under the Americans with Disabilities Act, to receive services in the most integrated settings appropriate to their needs.
“When kids can access treatment and support close to home, they can stay connected with their families and communities,” said ACLU of Maine Legal Director Carol Garvan. “Unfortunately, for far too long, Maine has not ensured these services. Since 2016, we have been working to address human rights violations at Long Creek, but not enough has been done. Maine must provide its kids the services they need to live healthy and safe lives.”
“Maine children with disabilities and their families deserve what the law requires, which is community-based behavioral health services. The failure to provide those services harms children, strains and fragments families, and ripples across communities. Maine can and must step up to meet its obligations with the services the law requires,” said Mary Bonauto, Senior Director at GLBTQ Legal Advocates & Defenders.
As the U.S. DOJ indicated in its complaint,
- “Maine can implement reasonable modifications so that children with behavioral health disabilities can live and thrive in integrated settings instead of entering institutions to access care.”
- “But instead of modifying its service system to prevent and resolve unnecessary segregation, Maine has prioritized expanding its institutional services.”
Read the DOJ press release.
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Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.
