Oregon Disability History: Fairview’s Final Residents Left Twenty Years Ago Today

Twenty years ago today: “A small group of people gathered in front of the welcome sign at Fairview Training Center on February 17th, 2000, to send off the last residents of the institution to new homes in the community.”

We commemorate this pivotal moment in Oregon’s history by sharing multiple articles from The Oregon Clarion, an essential news source for people with disabilities,their families, and community advocates in the nineties and aughts. Follow the link below to read about the history of Fairview’s closure and to check out an extraordinary photo gallery on its history. Established by the Oregon legislature in 1908 as “an institution for the feeble-minded, idiotic, and epileptic,” Fairview housed thousands of children and adults with disabilities for nearly one hundred years.

“As they waved at the departing blue van, smiles beamed all around. These well-wishers, including Fairview staff, self-advocates, Office of Developmental Disabilities Services staff, and community and family advocates were celebrating the culmination of a plan they all had a hand in – the closing of Oregon’s largest institution.”

http://independencenw.org/clarionfairview/

Oregon Disability History: 20 Years Ago Today, the Staley Lawsuit Was Filed

Imagine a time when there were no supports for Oregonians with developmental disabilities living on their own or with their families. A time where there were extensive wait lists for group or foster care homes. A time when a family had to be in crisis in order to receive supports. A time when some people waited over a decade to receive any services at all.

Rewind two decades and you’re there.

Twenty years ago today, history was made and the face of disability services in Oregon was fundamentally changed.

The families of five Oregonians with developmental disabilities filed suit against the state of Oregon on January 14th, 2000. The lawsuit alleged that Oregon failed to offer services to adults with disabilities in the most integrated possible setting and failed to offer services with reasonable promptness. Staley v. Kitzhaber became a class action, representing thousands of people statewide. The suit opened new doors to Oregonians with disabilities, ultimately paving the way for the development of progressive support services brokerages. The suit was filed just one month before the closure of Oregon’s state institution Fairview Training Center, and a settlement was reached in September of 2000. Implementation of the settlement agreement began on July 1st, 2001.

Beyond creating in-home brokerage supports, the agreement pressed for a significant reduction of the number of people waiting for non-crisis out-of-home options through an expansion of comprehensive services for up to 300 eligible individuals statewide.

Hats off to the self-advocates, families, community members, and policymakers who had the determination, strength, and tenacity to press for historic change in the lives of Oregonians with disabilities. What an extraordinary group of visionaries!

Throughout 2020, we will celebrate and illuminate key milestones in Oregon’s disability history. In celebration of the 20 year anniversary of the Staley filing, check out this article by Bill Lynch, then-director of the Oregon Developmental Disabilities Council (now known as OCDD). Lynch’s piece, Waitlist Families Sue State was printed in the April 2000 edition of The Clarion.

Waitlist Families Sue State

By Bill Lynch of The Oregon Developmental Disabilities Council

In a bold move designed to get sorely needed publicly­ funded services, families of  five Oregonians on wait lists for developmental disability services filed suit against the state. Legal assistance to the families is being provided by the Oregon Advocacy Center (OAC), Aid Services of Oregon, and the law firm Garvey, Schubert & Barer. The suit is based on federal Medicaid law which requires that Medicaid eligible individuals with developmental disabilities receive services within a reasonable period of time. The suit further states that the American with Disabilities Act (ADA) requires services to be provided in the most integrated setting.

Four of the families need residential placements for their sons and daughters who require round-the-clock care. These individuals are receiving minimal or no services. Their parents are aging and have various health problems that limit their ability to continue providing 24-hour care.

Jim Staley, one of the plaintiffs, has been waiting for services for 15 years. He has severe mental retardation and health problems. Jim is non-verbal and needs assistance in most tasks of daily living. His mother, Karen Staley, feels a sense of urgency to get him into a residential program. “We are both retired and we want to be here to see Jim transition and support the changes in his life instead of him having to deal with the crisis of our death and changes that would be forced upon him then.”

Diann Drummond needs intensive supports so she can continue to care for her daughter, Molly, also a litigant in the suit. Drummond, who is a single parent, would like to keep Molly at home as ong as possible. Molly is non-verbal and has no self care skills. Currently, Drummond is having to bear the cost for in-home respite care and a full day program in the community. After the suit was filed, state officials agreed to enter into settlement talks. The suit was put on hold for 45 days while the parties meet to negotiate an agreement. If a settlement  cannot be reached, the litigants will continue forward with the lawsuit.

Photo Description: Lawsuit families make statements at a news conference. From left around table, litigant Helen Healy and her mother Susan Schrepping, litigant John Duffield, litigant Molly Drummond and her mother Diann Drummond, Michael Bailey, Brena Flota (her daughter Brandie Evans behind her is a litigant), Karen Staley and litigant Jim Staley.

Personal Support Workers: Updated Incident Reporting Responsibilities

There are some rule changes effective November 1, 2019 that impact Personal Support Workers (PSWs).  PSWs statewide received the following information from the State of Oregon in October 2019.

Effective November 1, 2019, Personal Support Workers must report serious incidents to a supported person’s case manager (Services Coordinator or Personal Agent) immediately, but no later than one business day after an incident happens.

What kinds of things are PSWs required to report?

  • Serious illness that will result in hospitalization, bodily injury, or death without treatment.
  • Serious injury that risks a person’s life or permanent injury without treatment.
  • Physical aggression resulting in injury to the person, PSW, or others.
  • Person receives emergency medical care.
  • Person is missing beyond the time frame established in their ISP.
  • Person is admitted to a psychiatric hospital.
  • Person attempts suicide.
  • Person has an unplanned hospitalization.
  • A medication error that results in harm or puts the person’s health and safety at risk.
  • A safeguarding intervention or the use of safeguarding equipment included in a Positive Behavior Support Plan results in injury.
  • The use of a physical restraint that is not included in a Positive Behavior Support Plan.
  • Death

What must be included in the report?

  • Name of the person
  • Date, time, duration, type, and location of the incident
  • What happened before, or leading up to, the incident
  • Detailed description of the incident, including what you did
  • Description of injury, if injury occurred
  • Name of the PSW and any other witnesses to the incident
  • Actions by the PSW or others to keep the incident from happening again

Where can I get more information?
ODDS has created a training for PSWs and other providers to learn about their responsibilities to report incidents. See more information in this transmittal: APD-IM-19-068: Provider and Partners CAM training in iLearn.

 

 

VIDEO: Am I Eligible for Brokerage Services?

Check out this excerpt from our upcoming online version of our popular Brokerage 101 presentation: “Am I Eligible for Brokerage Services in Oregon?”

This short video explains how a person becomes eligible for brokerage services, with a brief explanation of the difference between an intellectual and developmental disability diagnosis. You’ll learn more about Portland metro area brokerages and how to get connected.

Please visit www.mybrokeragemychoice.org for more information.