The Rights of the Elderly with Disabilities

Adult Protection and Advocacy Conference

August 1, 2013

Why This Is ImportantApproximately 2 million people living in Illinois have

disabilities

Approximately 50 percent of individuals 65 and older have a disability (U.S. Census Bureau, 2010)Close to 40 percent have a severe disability

You will come across individuals with disabilities in your work with the elderly and in your daily life. It’s important to know their rights and how to assist them.

Disability Rights Bureau Respond to complaints of inaccessibility and other

forms of disability discrimination Conduct investigations, negotiate, and litigate

Look for pattern or practice. Others referred to Department of Human Rights.

Provide technical assistance to code officials, inspectors, private businesses, government entities, and individuals with questions about disability rights laws

Provide referrals to organizations, agencies, and resources

Disability Rights Bureau

Conduct disability training programs for law enforcement (including elderly service officers), architects, engineers, courts, governmental entities, business owners, disability organizations and other groups upon requestCreate public awareness through presentations and publicationsParticipate in committeesWork on legislation

AMC SettlementPreviously only 21 of 246 screens had

captioningAMC, largest theater chain in state, worked

cooperatively with us to find a comprehensive solution

Providing captioning and narrative description in all AMC theaters by April 2014

Show times of movies with captioning and narrative description on theater website

Currently installed in at least 96 percent of screens

Court Disability Coordinators

Handle accommodations requests and complaints about physical accessWork with judges to do so

Circuit clerks, court administrators, other court employees, sheriffs

At least one in every circuit courthouseDraft policies and train court staffAG’s office trains and provides technical assistanceIf unsure of CDC in particular courthouse call Disability

Rights Bureau

State Law Enforcement/Prosecutor Protocols

Best practices manuals and trainingsDrafted by people with disabilities, state employees,

advocates, attorneys, law enforcement Areas covered are elder abuse and neglect, people

with disabilities, and domestic violenceCovers all stages of investigations and prosecutions,

including interacting with people with disabilitiesGrant from federal government

People First LanguageEmphasize person first:

Say “person with a disability” rather than “disabled person”For specific disabilities say a “person who has epilepsy” or “a

person who is on the autism spectrum” – not epileptic or autistic

“Accessible parking” rather than “handicapped parking”If you aren’t sure what words to use, ask.

Using appropriate language demonstrates respect for the individual as a person and shows your understanding of disability-related terms.

Disability EtiquetteUse

Person with a disability

Person with a mobility impairment

Person who is deaf (unless Deaf preferred)/hard of hearing

Person who is blind or has low vision

Person who uses a wheelchair

Person who has diabetes

AvoidDisabled

Handicapped

Crippled, invalid, victim of, suffers from, stricken with

Hearing or vision impaired

Mute, deaf, and dumb

Wheelchair bound

Retard, crazy

Assisting People with DisabilitiesWide spectrum of disabilities.

Different needs and abilities Different levels of independence If help is requested, wait for a reply on how to help or look for other non-

verbal cuesChallenges for people with disabilities who are victims.

Attitudes and stereotypes Physical accessibility

Challenges for advocates working with people with disabilities. Understanding their needs. Getting law enforcement and court personnel to understand their needs.

Always speak directly to people with disabilities.Example: If a person who uses a wheelchair is with a personal

assistant or family member, speak directly to the person - not his or her personal assistant or family member.

Wheelchairs or Mobility Devices

People who use wheelchairs or other mobility devices have different abilities and needs for assistance.

Do not lean on, push, or move a person’s wheelchair or mobility device. It is in their personal space.

If a long conversation is planned, locate a chair and sit down to have a conversation at eye level.

Effective, Respectful Communication

Communicating with individuals with disabilities should be no different than the same respectful, clear communication deserved by everyone.

Speech disabilities

Person who has a stroke, is deaf, uses a voice prosthesis, or has a stammer may be difficult to understand.Give full attention. Don’t interrupt or finish

their sentence.If you don’t understand, ask them to repeat.

If you still don’t understand, ask them to write it down or suggest another way of facilitating communication.

Quiet environment makes communication easier.

Learning or Cognitive Disabilities

Listen carefullySpeak clearlyCheck for understandingUse clear, concrete language. Avoid

abstractions, slang, and jargonAllow person extra time to process the

information and ask questionsAsk the person how they prefer to communicate

(eg. written or verbal)Don’t overload the person with too much

informationQuiet environment if possible

Disability Rights Laws

Federal LawAmericans with Disabilities Act

Title I – Employment Title II – State and local governmentTitle III – Public accommodations

Section 504 – Rehabilitation Act of 1973Prohibits discrimination on the basis of disability in programs and

activities receiving federal funding.

Fair Housing Amendments Act

Disability Rights Law (continued)

State LawIllinois Environmental Barriers Act

Illinois Accessibility CodeIllinois Human Rights ActService Animal Access Act / White Cane LawIllinois Vehicle Code

Local LawParking Ordinances

Set Fines

ADA - Title II

Prohibits discrimination on the basis of disability in all programs, services, and activities provided to the public by state and local governments.

Effective date – January 26, 1992.

ADA – Title II (cont.)

Covers all programs, services, activities of state and local government

RecreationCity council meetingsLibrariesState hospitalsCourtsPolice stations, etc.

ADA – Title III

Prohibits disability discrimination in public accommodationsPrivate entity that owns, operates, leases or leases to

a place of public accommodation and may include:RestaurantsTheatersHotelsRetail storesDoctor’s officesMuseums, etc.

Providing Equal Access and Participation under the ADA

Reasonable modifications (accommodations) of policies, practices, procedures unless a fundamental alteration

Auxiliary aids and services unless a fundamental alteration or undue burden

Physical access unless fundamental alteration or undue burdenProgram access (Title II)

Reasonable Modifications (Accommodations)

Allowing water, food, or medical equipmentAllowing ID other than driver’s licenseAllowing service animalAllowing phones or other electronics when security

policy prohibitsProviding in-home or delivery servicesModifying schedules or deadlines

Service Animals

ADA Titles II and III and Human Rights ActModification of no-pet policy

State criminal lawsService Animal Access Act, 720 ILCS 5/48-8White Cane Law, 775 ILCS 30Cover service animals in training and trainersViolation is misdemeanor

Service Animals (cont.)Only dogs are service animals

Except miniature horses may be an accommodationMust be individually trained to do work or perform a

taskOwner is responsible for care of the animalMust be under control of handler

But not required to have a leash or harness if would interfere with the task

Miniature Horses

Service Animal TasksGuide individuals who are blind or have low visionAssist before, during, or after seizuresAlert people who are deaf or hard of hearing to

soundsProvide non-violent protection or rescue workPull a wheelchairAlert to presence of allergens or decreased insulinRetrieve items such as medicine or a phoneProvide physical support or assist with balancePrevent or interrupt impulsive/destructive behavior

Recognition and response: nudging, licking, pressure

Service Animals at Work

Service Animals

Cannot require payment of fees or surcharges No hotel pet cleaning fee

Can accompany owner wherever public goesRestaurantsHospitals (except in burn units, operating rooms)

Not requiredProof of training Certification or licenseIdentificationHarness, vest, or other attire

Service Animal InquiriesTo determine whether service animal can ask two

questions onlyDo you need this animal because of a disability?What work or task is the animal individually trained to

perform?Cannot ask nature of disabilityCannot ask to demonstrate taskPerson can train animal himself or herself/no school training

requirement

Not appropriate to ask a question if the answer is apparent

Excluding Service AnimalsCan only be excluded when:

The animal is out of control and the handler does not take effective action to control it

The animal is not housebrokenThe animal is a direct threat to safety

Must be based on nature of particular animal. Cannot be based on breed stereotyping

Common allergies and fear of dogs are not reasons for exclusion

Exclude animal – not owner

Assistance Animals in HousingFair Housing Amendments Act and Illinois Human

Rights Act govern non-public areas of facilityAssistance animals is broader category: includes

service animals and emotional support animalsEmotional support animals do not need to perform

task or have trainingEmotional support animals may be of any typeThere are no breed restrictions: look at nature of the

animalHousing provider may request minimal information

from health professional to determine if the person has a disability and needs the animal

Auxiliary Aids and Services

Title II and III entities must provide auxiliary aids and services upon requestInterpreters, large print format, assistive listening devices

Purpose: effective communication and equal participationMay not charge for the aid or servicePrimary consideration given to what the person requestsPermissible to require reasonable amount of lead time

Auxiliary Aids and Services (cont.)

Not required to provideWheelchairs/canesHearing aidsPersonal care assistant

Auxiliary Aids and Services for People who are Blind or have Low Vision

Qualified readersAssistance with formsEmail documents/refer to websites

Documents in Word bestScreen readers/scannersBrailleLarge printMagnifiers – handheld or software

Helping Those who are Blind or Have Low Vision

Identify yourself, department, and others who are present

AssistanceIf requested, offer your elbow/arm for guidance

Verbally describe area as you are walking, noting any obstaclesBe descriptive when giving directions

Example – “third door on the left” rather than “down the hall”Offer to read written information or describe a picture

Blind or Low Vision (continued)Assistance

With permission, guide person’s hand to a stair banister or back of a chair for seating

Let the person know when you are leaving or when someone else has joined you

Auxiliary Aids and Services for People who are Deaf or Hard of Hearing

Qualified InterpretersList of Certified Interpreters can be found at:

http://www.idhhc.state.il.us Video Relay ServiceTelephone Relay service

Dial 7-1-1 or 800-526-0844TTYs (in conjunction with computer software

programs)Assistive listening systems/devicesCommunication Access Realtime Translation (CART)

Deaf or Hard of HearingDeaf or hard of hearing.

Speak to the person — not the interpreter.Be patient. Communication may take longer.Good lighting is necessary because visual cues

and gestures are important.

Deaf or Hard of Hearing continued…Ask the person how he or she prefers to communicate

(sign language, gesturing, writing, or speaking).Advise the person if you are having trouble

understanding him or her.Face the person when talking.Speak clearly. Avoid gum chewing or obscuring your

mouth with your hand.Use your normal tone of voice and volume.Use pen/paper, texting, or email as alternative

communication method.In groups, request that people speak one at a time.

Deaf or Hard of Hearing

People who are deaf May use American Sign Language

Different language with its own syntaxSpeech (lip) reading is not an effective method to communicate

Only 30% of speech is discernible by lips.

People who are hard of hearingVarying ranges of hearing lossAssistance

Amplification devicesAssistive listening systems

American Sign LanguageNot direct translation of all English words /may not

understand what someone writesASL is a visual language and facial expressions are very

important. Most ASL speakers make eye contact and watch the expressions on each other's faces when talking; they don't concentrate solely on the hand signs.

Interpreter must be paid for and provided by the Title II or Title III entity (doctors, dentists, courts, police department)

Family or friends cannot interpret (unless emergency)May also need Certified Deaf Interpreter

CART

Physical Access—ADA

Requires physical access in places of public accommodation and state and local government buildings.

Effective date – January 26, 1992.Scoping is contained in ADA Standards

for Accessible Design (2010)

ADA - New Construction v. Barrier Removal

New construction or alterationsComply with scoping requirements in Standards

Built before ADA went into effect and no alterationsTitle III (public accommodations)

Make accessible to the extent readily achievable (barrier removal)

Readily achievable means without much difficulty or expenseTitle II (state and local government)

Program accessRelocate program or service or provide by some other means

Environmental Barriers ActIllinois law that governs physical access for

people with disabilities.Its implementing regulation, the Illinois

Accessibility Code (IAC), dictates the minimum requirements for accessibility to public and private facilities located in Illinois.

Applies to new construction, additions, and alterations.

Went into effect May 1, 1988

Illinois vs. FederalIAC covers:

Private facilitiesReligious entitiesHousingState/local government

IAC has no private right of actionMore stringent requirements:

ElevatorsParkingEntrance door weight

Frequent Complaints1. Parking

2. Entrances

3. Accessible Routes (sidewalks & curb ramps)

4. Restrooms

5. Ramps

6. Counters

When are Accessible Spaces Required?

Employee or Visitor Parking LotsApartment or Housing Complex Lots

Visitor/Employee ParkingTenant Only Parking

Reasonable Accommodation Space Illinois Human Rights ActFederal Fair Housing Act

On-Street ParkingNo requirement in the Illinois Accessibility Code.Possible requirement under IDOT regulations.Program and/or service request under Title II.

Number of Accessible Spaces Required

TOTAL OFF STREET SPACES PROVIDED

NUMBER OF ACCESSIBLE PARKING SPACES REQUIRED

1 TO 25 1

26 TO 50 2

51 TO 75 3

76 TO 100 4

101 TO 150 5

151 TO 200 6

201 TO 300 7

301 TO 400 8

401 TO 500 9

501 – 1,000 2% OF TOTAL #

OVER 1,000 20 PLUS 1 FOR EACH 100 OVER 1,000

Striping, Size, and Markings

An accessible parking space must be a total of 16-feet wide. A space may consist of an 8-

foot wide vehicle space and an 8-foot wide diagonally striped access aisle; or

A space may consist of an 11-foot wide vehicle space and a 5-foot wide diagonally striped access aisle.

Correct Striping – 8’ & 8’

Correct Striping – 11’ & 5’

Accessible Parking Signs

Accessible Space Must be Designated by an R7-8 SignReserved ParkingInternational Symbol of

AccessibilityArrow is optional

R7-I101 Fine SignMinimum $250 FineA municipality by ordinance

can set a higher fine amount up to $350.

Parking Signs (continued)

Sign locationMaximum 5 foot from the front of the

accessible parking space.Mount on a wall or post at the front

center of the parking spaceSign height

Minimum 5 foot from finished grade to the bottom of the R7-8 sign.

EnforcementReport vehicles illegally parked in an accessible space

to local law enforcement so they may issue a ticket.In 1985, the Attorney General issued an opinion

letter stating that law enforcement officers may enter upon private property to enforce the accessible parking provisions of the Illinois Vehicle Code.

Obstruction of parking places for persons with disabilities. 625 ILCS 5/11-1301.8Keep space clear of obstructions, snow, ice

Volunteer ticketing program

Frequent Complaints (review)1. Parking

2. Entrances

3. Accessible Routes (sidewalks & curb ramps)

4. Restrooms

5. Ramps

6. Counters

Emergency Preparedness for People with Disabilities

Planning/PreparationInvolve people with disabilities and organizations

that serve the disability community.Notification

TTY, door to door contact, email, text messaging

EvacuationTransportationSheltersCommunication

Illinois Emergency Management Agencyhttp://www.state.il.us/iema

Abuse, Neglect and Financial Exploitation

People with disabilities are at least two times more likely to be victims of crime.

People with developmental disabilities are particularly vulnerable to being victimized.

Common types of abuse:Physical abuseSexual abuseIsolationFinancial exploitation

Abuse, Neglect and Financial ExploitationCommon indicators of abuse:

Caregiver does not allow visitors.Health problems that aren’t being treated.Person in a position of trust is using the person with disabilities’

money for themselves.

Report abuse or neglect if living in a domestic settingAges 60 or overAges 18-59 with disabilities

Adult Protective Services – (866) 800-1409

Report abuse, neglect, or financial exploitation in a group home, day, or residential program or state operated mental health facility

Office of Inspector General (DHS) (800) 368-1463

Abuse, Neglect and Financial Exploitation

Other agencies:Nursing home:

Dept. of Public Health – (800) 252-4343

Under age 18:DCFS (800) 252 – 2873

Other Helpful Bureaus at AG’s Office

Civil Rights Consumer Fraud

Senior Citizens Consumer Fraud Hotline. 1-800-243-5377 or 1-800-964-3013 (TTY)

Charitable TrustsHealthcareMilitary and Veterans RightsCrime Victims Compensation

ResourcesDepartment of Justice

www.ada.gov 800-514-0301

Great Lakes ADA Center http://www.adagreatlakes.org/ 800-949-4232

Centers for Independent Livingwww.incil.org 800-587-1227

Deaf and Hard of Hearing Commissionhttp://www2.illinois.gov/idhhc 877-455-3323

Office of the Attorney GeneralDisability Rights Bureau

James R. Thompson Center100 W. Randolph, 11th Floor

Chicago, Illinois 60601312/814-5684 (v)

800/964-3013 (tty)disabilityrights@atg.state.il.us

www.illinoisattorneygeneral.gov