by Julia Endicott | Feb 1, 2024 | Developmental Disability Advocacy, Press Releases
MEDIA CONTACTS:
Julia Endicott
Communications Director, Disability Rights Maine
jendicott@drme.org | 800-452-1948, ext. 212
Samuel Crankshaw
Communications Director, ACLU of Maine
SCrankshaw@ACLUMaine.org | 859-595-8158 (call/text)
Maine’s highest court reversed a decision that punished a family for the state’s own failure to provide nursing services for a child and accommodate his mother.
PORTLAND – Maine’s Supreme Judicial Court yesterday overturned a lower court order that terminated a mother-child relationship after the state failed to provide nursing services to the child who was legally entitled to them. The Law Court’s decision is a victory for disabled parents and children, finding that families should not be separated when the state fails to provide legally required services and accommodations to ensure families can stay together.
Disability Rights Maine and the ACLU filed an amicus brief with the Court in August 2023. The organizations argued the state should have evaluated whether the mother could have cared for her child if given the nursing services to which he was legally entitled. Instead, the state inappropriately terminated the mother’s parental rights because she was unable to provide complex nursing care on her own, effectively punishing her for the state’s own failure.
The Court agreed. It stated: “The Department [of Health and Human Services], which administers MaineCare [Maine’s Medicaid program], has never provided the child with this level of care. The record contains vague references to nursing shortages and problems surrounding the COVID-19 pandemic, but there is nothing indicating that the Department made any attempt to secure 24/7 nursing care, or anything close to it, for the child . . . Inadequate resources do not excuse a state’s obligation to provide benefits under Medicaid.”
The organizations’ amicus brief also raised the issue, for the first time in the appeal, that the mother herself may be entitled to reasonable accommodations because of a possible intellectual disability. Parents with disabilities are entitled to reasonable accommodations in the reunification process in child welfare cases such as this one. The Court agreed, and ordered the lower court to reconsider whether the mother has an intellectual disability and “how it bears on both parental fitness and the Department’s reunification obligation.” The Court said a parental evaluation flagged concerns about the mother’s cognitive function, but HHS “never followed up to determine whether the mother has an intellectual disability.” The opinion noted that had HHS “inquired further and obtained a diagnosis of intellectual disability, the Department might have owed obligations not only to provide medical services to the child, but also to provide services to the mother to manage the child’s needs in pursuit of rehabilitation and reunification.”
The unanimous court decision highlights several systemic failures in Maine’s child welfare systems where disability is involved. In 1999, the U.S. Supreme Court held in Olmstead that the unnecessary institutionalization of people with disabilities is discrimination, resulting in a shift to integrated, community-based services. However, adults and children with disabilities often do not receive the services to which they are entitled, either because of inadequate resources, as with the child in this case, or a lack of basic understanding that people with disabilities have the legal right to accommodations so they can enjoy the same opportunities as people without disabilities, as with the mother. The Court also noted the U.S. Department of Justice’s recent finding of DHHS’s failure to provide sufficient community-based services to children with behavioral and developmental disabilities.
“The parent-child relationship is one of the most fundamental, and the Constitution protects that right for all people, including people with disabilities,” said ACLU of Maine Legal Director Carol Garvan. “The Court’s decision in Barni A. involves one family, but the impact of this decision will be far reaching. The State of Maine is now on notice from its highest court that there is no excuse for denying necessary services to parents and children, and that the state can no longer blame and punish families for the state’s own failures.”
“The importance of this decision to both parents and children with disabilities cannot be overstated,” said Disability Rights Maine Managing Attorney Lauren Wille. “It sends a very clear message to the Department of its responsibilities: that necessary services must be more than simply ‘authorized’; they must actually be provided. It is also a long-overdue reminder that the Department must accommodate parents with disabilities, who are overrepresented in the child welfare system, throughout the reunification process.”
Source: Joint Statement
by Julia Endicott | Dec 21, 2023 | Deaf Services, Press Releases
FOR IMMEDIATE RELEASE
December 21, 2023
CONTACT:
Julia Endicott
207.626.2774
Organizations urge victims and families to seek trusted, professional legal advice
AUGUSTA – In a joint statement, Disability Rights Maine, the Maine Volunteer Lawyers Project, Pine Tree Legal Assistance, and Legal Services for the Elderly announced their ongoing partnership to address the civil legal needs of those impacted by the Lewiston shootings.
“Victims, families, and our communities have been profoundly impacted by the violence and trauma of this event,” said Kim Moody, Executive Director of Disability Rights Maine. “Civil legal challenges are already emerging for those most directly impacted, and more people will need support from trusted legal professionals in the weeks and months ahead.”
Organization representatives note that information victims and their families receive is frequently conflicting or confusing, resulting in significant potential legal and financial risks or penalties.
“Victims are understandably overwhelmed, all while navigating a range of legal concerns,” said Maureen Boston, Director of Intake at Pine Tree Legal Assistance. “Our agencies are here to ensure that families receive accurate legal advice from qualified attorneys who are experts in civil legal fields – for free.”
The range of civil legal issues expected to develop related to Maine’s deadliest shooting include, but are not limited to:
- Receipt of lump sum funds impact on public benefits
- Eligibility for public benefits such as food stamps (SNAP); TANF; General Assistance
- Social Security survivor benefits
- Social Security overpayment
- MaineCare or Medicare
- Unemployment and employment questions
- Consumer issues including debt collection, utility terminations, and student loans
- Housing discrimination
- Landlord/tenant issues
- Homeownership including mortgage payment challenges
- Income tax
- Probate/Trust/Estate Issues
- Funeral expenses
- Physical and mental health medical expenses
“In a crisis, people turn to friends and family for advice. And – the reality is that in this kind of situation, civil legal expertise is necessary. These issues are case-specific and folks should really work through their questions with an attorney,” said Elizabeth Strout, Executive Director of the Maine Volunteer Lawyers Project. “We’re here to answer questions and provide information on impacts they may not have considered.”
The organizations define people impacted by the Lewiston shootings as immediate family members of those who were killed, a person injured in the shooting and their immediate family, or a witness to the shootings.
“Even if you’re not sure what you’ll need help with – or if you’re not sure you qualify as an impacted person, please call any of us. There is no wrong door here,” said Jaye Martin, Executive Director of Legal Services for the Elderly. “Part of the services we provide is taking that guesswork out of the equation – and making it as easy as possible for folks to make informed decisions with advice and guidance from an attorney.”
An impacted person may call any organization listed below. During the phone call, the impacted person will talk with an organization representative who will help them identify the legal issues they need to address. The organization representative will then connect the caller with the legal aid office best suited to help them. An attorney from that office will then provide services such as advice, brief assistance, and/or direct representation depending on the nature of the needs.
The organizations also underscored their hope that people would share this information as much as possible, noting that the number of people impacted by the Lewiston shooting is significant and far-reaching. If you or someone you know needs civil legal support, please contact any of the organizations below.
Disability Rights Maine
207-626-2774 (V/TTY)
207-805-7024 (VP)
Mon – Fri, 8am – 5pm
https://www.drme.org/
Legal Services for the Elderly
1-800-750-5353
Mon – Fri, 9am – 12pm and 1pm – 5pm
www.mainelse.org
Maine Volunteer Lawyers Project
1-800-442-4293
Mon 1pm – 3:30pm
Fri 9am – 12pm
intake@vlp.org
www.vlp.org
Pine Tree Legal Assistance
(207) 774-8211
Mon 12:00pm – 2:30pm
Tues 9:00am – 11:30am
Thurs 9:00am – 11:30am
www.ptla.org
www.kidslegal.org
www.statesidelegal.org
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by Julia Endicott | Oct 27, 2023 | Announcements
Following the horrific events in Lewiston last week, Disability Rights Maine (DRM), Pine Tree Legal Assistance (PTLA), and the Volunteer Lawyer’s Project (VLP) are working together to address the legal needs of families impacted by this terrible tragedy. Our organizations are also working to coordinate with other legal aid providers to ensure all needs are met.
We know that victims, families, and our community have been profoundly impacted by the violence and trauma of this event. We also know that legal needs will emerge for those most directly impacted, including needs for assistance with matters related to estate and probate court, the impact of victim compensation funds on public benefits, and other issues.
DRM is working with members of the Deaf community on addressing the concerns of families and friends of those victims. Any Deaf person impacted and searching for legal advice can contact DRM at 207-766-7111 (VP) or 1-800-452-1948. Our Deaf Services team can help assess needs and connect individuals to legal resources, including through referrals to our colleagues and partners at PTLA and VLP.
Maine is a small, tight-knit community. Many of us have been personally impacted by the events in Lewiston. As we grieve deeply for our friends, families, and the Lewiston-Auburn and Maine Deaf communities, we also turn to the work of supporting each other. As Governor Mills said, “we will all help you carry this grief.”
Maine’s private and public interest lawyers are working together to support the Lewiston community in this time of need.
Please contact us with any questions you may have.
With hope and love,
Kim Moody
Deaf Community Resources
Maine Association for the Deaf put a website together to centralize support and information that has been coming into the community.
Resources available include:
Additional resources:
General Resources
- Tips for Survivors: Coping With Grief After a Disaster or Traumatic Event – In this tip sheet, SAMHSA defines and describes grief, discusses ways of coping with grief, and explains complicated or traumatic grief. The tip sheet also offers relevant resources for additional support.
- Tips for Young Adults: Coping With Mass Violence – In this tip sheet, SAMHSA DTAC discusses ages 18 to 26 as a phase of development and explains how incidents of mass violence may affect people within this phase. The tip sheet highlights common reactions to mass violence, tips for coping, and resources for disaster behavioral health support.
- The Intentional Warm Line, open 24/7 mental health peer-to-peer phone support line for adults, aged 18 and older, offers free mutual conversations with a trained peer specialist who has lived experience with mental health recovery. V/TTY: 1.866.771.9276
- National Crisis Line: call or text 988;
- For deaf or hard of hearing ASL users, call 988 Videophone.
- Disaster Distress Helpline – Call or text 1-800-985-5990. This toll-free, multilingual, crisis support service is available 24/7 for people experiencing emotional distress or other mental health concerns related to natural or human-caused disasters. For people who are Deaf or hard of hearing and for whom American Sign Language (ASL) is your primary or preferred language, use your videophone-enabled device to call 1-800-985-5990 or click on “ASL Now” at disasterdistress.samhsa.gov to be connected with a DDH crisis worker fluent in ASL.
- State of Maine Resources
- Gateway Community Services Maine – free mental health crisis therapy sessions sign up
- FBI Resources for Victims –
- Clinicians, educators and first responders can call 1-800-769-9819: The FrontLine WarmLine offers free support services to help these professionals manage the stress of responding to disasters from 8 a.m. to 8 p.m., seven days a week.
- OneLewiston – another hub of resources, including verified donation platforms.
- Community Resiliency Center – 184 Main St. Lewiston, open Monday-Friday from 12pm-5pm.
- Home Loan Assistance for USDA mortgage holders
- For more information or to request USDA mortgage or loan assistance contact:
- USDA Lewiston Area Office at 207.753.9400 (ext. 4) from 8-4:30 Monday-Friday or
- The USDA Rural Development direct line for borrowers impacted by a tragedy at 1.888.796.0538 or TDD/TTY 800.438.1832 from 8-4 Monday-Friday
Resources for Children, Youth, Parents and Other Caregivers
- Understanding Child Trauma – This web page from SAMHSA presents statistics on child trauma, which may be experienced as part of a natural or human-caused disaster, and lists signs of traumatic stress in children and youth. It also offers tips for parents and other caregivers for helping children and youth to cope with trauma. Links are also provided to downloadable infographics in English and Spanish provided by the SAMHSA National Child Traumatic Stress Initiative.
- Coping after Mass Violence – Written for parents and families, this National Child Traumatic Stress Network (NCTSN) tip sheet provides information about common reactions to mass violence and self-care tips for those living in communities where an incident of mass violence has taken place. The tip sheet also includes external resources for individuals seeking further support.
- For Teens: Coping After Mass Violence – Written for teens, this NCSTN fact sheet shares insight into common reactions to mass violence. In addition, the fact sheet provides tips for teens to cope and care for themselves, as well as connect with others after mass violence occurs.
- Parent Guidelines for Helping Youth after the Recent Shooting – In this 3-page tip sheet released shortly after a shooting, NCTSN describes how such an event may affect children and teens as well as parents and other caregivers. The tip sheet lists reactions common among people of all ages, offers coping tips for caregivers, and suggests ways for caregivers to support children and youth in talking about and managing their reactions.
- Bounce Back Now – a free mobile app available through the Google Play and App Stores. It is intended to help people with coping and resilience after a natural disaster or incident of mass violence. Once users have created an account, they can complete regular questionnaires to assess mental health, access education and coping tools, and put together a plan for improving emotional health. There are also parenting tips for helping children and teens in coping with the emotional impacts of a disaster.
- Teens and young adults can text (207) 515-8398: The National Alliance on Mental Illness Teen Text Line connects youth with other youth to help them manage their challenges every day from noon to 10 p.m.
by Julia Endicott | Oct 26, 2023 | Press Releases
CONTACT: Julia Endicott
207-626-2774
jendicott@drme.org
FOR IMMEDIATE RELEASE
October 26, 2023
Augusta – Disability Rights Maine is horrified and deeply saddened by the shootings in Lewiston yesterday evening. Our hearts are with the Lewiston/Auburn community, the Maine Deaf Community and all impacted by the unfathomable acts of violence that took place at Just In Time Recreation Center and Schemengees Bar and Grille.
Much information remains unknown at this time and we anticipate more answers to yesterday’s events in the coming days. As this develops, we are concerned about any narrative that focuses on mental illness as the cause of such violence. Across the world, more than 790 million people live with a diagnosed mental health disorder. Yet, we only see this level of pervasive violence occur in the United States, where the number of guns owned by civilians outnumbers our total population.[1] This is a societal problem where hate is allowed to flourish and inaction is far too often the response.
In 2020, DRM signed onto a joint statement from the Coalition for Smart Safety. As this statement recognizes, more often, people with psychiatric labels are victims, rather than perpetrators of violence. Simply put, placing blame on people with mental illness will not solve our country’s gun violence problem. Rather, it makes people with mental health disabilities the scapegoat while failing to implement effective policy changes.
Mass violence is a public health crisis.
To dispel myths about mental illness and gun violence, we encourage you to access the following resources:
DRM also wants to share additional resources for those who may wish to seek support in navigating the trauma and grief of mass violence:
- Maine Crisis Line: 1-888-568-1112 (Voice) or 711 (Maine Relay)
- National Crisis Line: call or text 988
- NAMI Maine Helpline: 1-800-464-5767 (Press 1)
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.
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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.
[1] https://www.bloomberg.com/news/articles/2022-05-25/how-many-guns-in-the-us-buying-spree-bolsters-lead-as-most-armed-country?leadSource=uverify%20wall
by Julia Endicott | Jun 20, 2023 | Health Equity, Press Releases
CONTACT: Jennifer Battis
207-626-2774
jbattis@drme.org
FOR IMMEDIATE RELEASE
June 20, 2023
Disability Rights Maine Releases Report on Health Care Access for Mainers with Disabilities
AUGUSTA – Today, Disability Rights Maine (DRM) released a report entitled “I Don’t Get the Care I Need”: Equitable Access to Health Care for Mainers with Disabilities. This report follows a first of its kind assessment in Maine to obtain data about access to health care directly from people with disabilities.
DRM has long recognized the inequities faced by disabled people in accessing quality health care and then with the onset of the COVID-19 pandemic, we witnessed utter disregard for the health care needs, and even the lives, of our community. “We knew it was time for us to try to create change by doing something in addition to taking on individual case after individual case,” said Kim Moody, DRM Executive Director.
Through this assessment, DRM heard from hundreds of individuals about their own experiences trying to access necessary health care. Many individuals highlighted situations where a lack of effective communication and mutual respect shaped poor experiences. As one respondent noted, “Providers make incorrect assumptions about my disability and my capabilities. They often treat me in an infantilizing way.” But when the opposite occurs, it can make a world of difference. “To be seen a whole person by a provider is a major advantage,” commented another participant.
The assessment identified five priority areas with corresponding recommendations for systemic change and public policy reform: 1. Data Collection; 2. Provider Education; 3. Structural and Systemic Barriers to Care; 4. Communication; 5. Physical Spaces.
“This report, the first of its kind in the state of Maine, provides crucial information needed to implement policy- and systems-level changes that will directly impact the lives of people with disabilities and their ability to access quality health care. We hope that statewide policymakers and health care organizations will join us in driving change to ensure that everyone in Maine has the same opportunities to attain good health and well-being,” stated DRM Health Equity Project Coordinator Jennifer Battis.
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DRM 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.
