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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
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