Overview of the Colorado Developmental Disabilities Council

There are Developmental Disabilities Councils in all of the other states and territories in the United States. In 1970 the Developmental Disabilities Assistance and Bill of Rights Act (the DD Act) created Developmental Disabilities Councils. Protection and Advocacy Organizations, The Legal Center in Colorado, were created in 1975. Federally funded, interdisciplinary training programs for professionals who work with individuals with developmental disabilities were formally designated in 2000 as University Centers for Excellence in Developmental Disabilities Research, Education and Service – JFK Partners in Colorado. All three organizations follow the federal definition of developmental disability, which is broader and more inclusive than the Colorado definition.

“…engage in advocacy, capacity building, and systemic change activities…and to…contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life.”

The Council uses the federal definition of developmental disabilities, and that allows the Council to address a broader range of issues and concerns. Colorado’s definition of developmental disabilities is narrower than the federal definition. If you are interested in how the federal and state definitions differ, please call the Council and ask for our handout on the different definitions.

Each year the Council uses the federal dollars to give money to innovative projects. A Five-Year Plan guides the Council when it makes decisions on how to spend money. Right now, the Five-Year Plan for 207-2011 is guiding the Council. It is time for us to write a new plan, and we need to hear from citizens of Colorado about what is important to include in the next Five-Year Plan.

What has the Council been doing under the current Five-Year Plan?

The Council publishes a quarterly newsletter, Between the Lines. The Council has an active presence at the state legislature through its Legislative & Public Policy Committee, and meets with agencies that provide supports and services, and other organizations, to advocate for active and meaningful inclusion of people with developmental disabilities and their family members with agencies.

1. Two conferences on Cultural Competence and Responsiveness in October of 2008 and 2009. The two-day conferences were followed by workshops held a few months after the conference. The Council offered a unique model by combining the conference with a follow-up workshop, finding that a follow-up workshop was more effective than a one-time conference. The content of the workshops was framed by conference attendees who implemented some of the ideas they learned at the conference, and then at the workshops engaged in an interactive discussion of what cultural competence is and how you know it when you see it.



2. Watch Our Words (WOW) is group of people who use facilitated communication (a communication technique for people who do not speak) who offer workshops on facilitated communication and other topics having to do with inclusion in school and community life. WOW meets monthly to develop self-advocacy and leadership skills, and to discuss topics important to those in attendance.



3. The El Grupo Vida Leadership Development and Empowerment Project is guided by four goals: 1) Conduct training sessions in Spanish that provide an overview of the service system, and provide written materials in Spanish, 2) teach Spanish-speaking families about the empowering tools of Future Plans and Personal Networks, 3) Support a group of family members and people with developmental disabilities to pursue their own plans for leadership development, and 4) Provide computer training to family members so that they may better access information needed to support their children with developmental disabilities and their own community leadership efforts.



4. The African American Parent Leadership Project included up to 15 parent participants in each of its three years in local education and healthcare advocacy efforts, including educating their policymakers and administrators through meetings, phone calls and letters. The project provided trainings conducted by various organizations in the Denver metro area on how to advocate effectively and influence policy. Also, the project provided training in best practices in leadership through the use of trainers and presenters who are African American themselves. Outcomes of this project include increasing the number of African American family members who are leaders in their communities, many of whom are members of boards and policy committees.



5. Full Access for all Abilities, conducted by Access and Ability in Weld County, provides materials and training in Spanish and in English to deliver a Mobilizing Families training series in collaboration with the Arc of Weld County. The project includes a Youth Leadership Team that continues to work with regional entities to craft a cooperative agreement to address issues of concern to people with developmental disabilities and their families. The project has created a “Real Work” Working Group and will continue to work with local and regional partners to develop a policy that no transitioning youth will be referred to a sheltered workshop for employment training. A significant goal of this Working Group is to identify barriers to real work and post-secondary education for young adults with developmental disabilities. The project continues the development of a replicable database to track and identify barriers to community inclusion for people with disabilities and their family members, and to monitor the effectiveness of project training and advocacy activities.



6. Enhanced Person-Centered Planning in Colorado is a project being carried out by PEAK Parent Center. The project offers person-centered planning to young adults with developmental disabilities, ages 21 to 30, who represent the broad range of ethnic, cultural and geographic diversity in Colorado. The project addresses the need for best-practices in life planning for young adults, and builds upon the existing person-centered planning efforts in Colorado. All materials and training are offered in English and in Spanish. Project components include the Life-Building training series in Aurora, Colorado, the Taking Charge leadership and self-advocacy development training series, and on-going support for person-centered planning networks.



7. Project SEARCH, conducted by Employment Link, is a program that focuses on employment for young adults in transition from high school to work. The project replicates the essential components of Project SEARCH, which are: 1) The lead coordinating agency that recruits project partners and participants; 2) Business partners (e.g. hospital, bank, or university) that provide internships and an on-site classroom for 15 students; 3) Local agency partners (e.g. Vocational Rehabilitation or a Center for Independent Living); 4) School districts that employ the classroom teacher and recruit students; 5) The Project SEARCH curriculum and technical assistance from Project SEARCH consultants; and 5) Students with disabilities and family members who are project participants.

Overview of The Legal Center for People with Disabilities and Older People

The Legal Center for People with Disabilities and Older People is Colorado’s Protection and Advocacy System. This system protects and advocates the legal and human rights of individuals with developmental disabilities. The organization

• has the authority under federal law to pursue legal, administrative and other appropriate remedies or approaches to ensure the protection of individuals;
• has the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
• provides information on and referral to programs and services addressing the needs of individuals with developmental disabilities; and
• annually must provide an opportunity for people with developmental disabilities and their representatives to comment on the priorities of the system.

1. In 2007, The Legal Center embarked on a wide-ranging initiative to eliminate the inappropriate and dangerous use of restraint and seclusion as a disciplinary measure for children with disabilities in Colorado’s public schools. The initiative began in response to a growing number of anguished complaints from parents whose children were being tied to chairs for hours at a time, physically injured as they were held down or handcuffed, or placed in a locked room—one little girl was so scared that she urinated on herself. The parents’ anxiety was exacerbated by the fact that the children’s behavior grew worse rather than being improved by the restraint and seclusion, and their mental and emotional well being deteriorated significantly. The longer their children were in school, the more complex their diagnoses became. Since beginning this effort, The Legal Center has conducted 40 investigations involving the abusive use of restraint in schools.



2. The Legal Center recently represented two individuals with developmental disabilities in employment discrimination cases. One case involved a grocery store and the other a town in rural Colorado. The first case is still in progress, but the second was resolved with our client getting a good reference from the employer, a monetary settlement, and finding a new job. He is happy.



3. Last year The Legal Center represented a student with disabilities on the western slope in a special education due process hearing. The school district was trying to send the student to a day treatment program instead of public school. At the time The Legal Center became involved the student was home without services due to a disagreement over stay-put (the student’s placement until the hearing officer’s decision). The hearing officer ruled that stay-put was the public school program and the case was resolved with the student attending public school in the least restrictive environment.



4. In recent years The Legal Center has taken the lead in trying to broaden the state definition of developmental disability. A few years ago The Legal Center was successful in a hearing finding an individual with Asperger’s syndrome eligible under the Colorado definition of developmental disability. As a result, there was an effort to narrow the state definition in our state rules. This resulted in the creation of a task force to review the state definition. The task force recommended broadening the definition of developmental disability and that work is still in progress.



5. Last year Governor Ritter decided to close the skilled nursing unit at the Grand Junction Regional Center campus. The Legal Center has been actively involved in assisting the 32 residents and family members in the individualized planning process to ensure that individuals are offered community rather than nursing home placements, that they have a choice in the placement decision-making process, that their transition is well planned, and that the community placements provide the services the individuals need.
   
   
6. In addition to our direct legal representation of 493 people, last year The Legal Center provided short-term assistance to 744 people, information and referral services to 3,489 people and provided 34 educational programs that reached 1,585 individuals.