East Central Georgia Family Council Resolution 20101130 Smaller

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    RESOTUTIONOF THE EAST CENTRAL GEORGIA FAMITY COUNCIT

    REGARDING THE SETTLEMENT AGREEMENT BETWEENTHE GOVERNOR OF GEORGIA AND THE UNITED STATES DEPARTMENT OF JUSTICE

    WHEREAS, the "East Central Georgia Family Council" (hereinafter, "the Family Council") had itsoriginal name as the "Gracewood Family Council"; andWHEREAS, the Family Council was founded in July 1984; andWHEREAS, the Family Council's mission is quality care and choice for every individual withmental retardation and developmental disabilities (MR/DD), irrespective of race, nationalorigin, creed of family members, or place of residence; andWHEREAS, the Family Council has been an advocate for quality life and safety of persons withMR/DD who reside at the East Central Georgia Regional Hospital's Gracewood campus; andWHEREAS, members of the Family Council have been actively engaged in advocacy by (a)meeting Georgia State Legislators and Congressmen about issues impacting their familymembers who reside in Intermediate Care Facilities for Persons with Mental Retardation(lCFs/MR), (b) joining VOR, a national advocacy organization, and (c) attending VOR's annuallegislative thrust in Washington, D.C.; andWHEREAS, members of the Family Council applied for a position on the Governor's OlmsteadPlanning Committee which purpose is to develop a plan to transition people from lCFs/MR tosmaller settings; andWHEREAS, the members of the Family Council were never acknowledged as applying for aposition on the Olmstead Planning Committee and were not accepted; andWHEREAS, the United States Supreme Court's Olmsteod decision mandates individual choice;andWHEREAS, the Governor of Georgia, the Honorable Sonny perdue, with the United StatesDepartment of Justice, without consultation with families, entered into a legal agreementthat, if implemented, will displace lcF/MR residents against their best interests and withourregard to choice, contrary to Olmsteod; andwHEREAS, the United states Department of Justice has undermined the u.s. supreme courrsOlmstead decision by being forceful and aggressive with regard to community transitions andthereby omitting the element of resident choice, whether that be a communitv or ICF/MRsetting; andWHEREAS, if everyone is forced to accept community living, then no one has choice; and

    Fomily Council Resolution for ChoiceNovember 30, 2010

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    WHEREAS, the Olmstead decision does not exclude lCFs/MR as a choice; andWHEREAS, the ideology of the U.S. Department of iustice and the Georgia Governor should notsupersede the needs, services and choices of the most frail, fragile, and vulnerable populationof Georgians with MR/DD; andWHEREAS, the ideology of the professional should not take precedence over the familymember: andWHEREAS, at the annual staffing the interdisciplinary team (lDT) has made a mockery of theabilities of the most vulnerable and fragile population of people with MR/DD. The IDT hasreported that people with profound mental retardation who have the cognitive ability ofinfants and no verbal skills have stated they want community living. The IDT has also suggestedthese individuals can administer their own medication, learn money management, and othersuch living skills.NOW, THEREFORE, BE lT RESOLVED, that the East Council Georgia Family Council will step up tothe plate, rise to the occasion, remain advocates, and will reckon with the Governor, and theU.S. Department of Justice, with passion, zeal, zest and steadfastness on behalf of Georgia'smost frail population with mental retardation and developmental disabilities; andBE lT FURTHER RESOLVED, that a copy of this resolution will be sent to the following officials,and oth ers:

    The Honorable Sonny Perdue, Governor of GeorgiaThe Honorable Nathan Deal, Governor-elect of GeorgiaFrank E. Shelp, MD, MPH, Commissioner, Georgia Department of Behavioral Health and DDThomas Perez, Assistant Attorney General for the Civil Rights Division of the United

    States Department of JusticeRoosevelt Freeman, Regional Director, Office of Civil Rights, U.S. Department of Health

    and Human ServicesApproved and adopted on the thirtieth (30'h) day of November 2010. We, the undersigned,hereby certify that the foregoing Resolution was duly adopted by the Executive Committee of

    Roy Barrios, lmmediate Past PresidentTheresa Senior, Vice Presid entKomala Ba lakrish na n, TreasurerBetty French, Member-at-LargeRobert Bradford, Member-at-Largelrene Welch, Member-at-Large

    Family Council Resolution for ChoiceNovember 30, 2010

    the East Central G

    Ann S. Knighton,

    Hodgson, Secreta