Thursday, March 26, 2009

The Fight On My Career

I am doing pretty well. I feel a lot better. Due to my income level with dare to dream, my Medical has been cut off. Lorraine and I and a benefits counselor from the world institute on disability will be helping with my appeal. Lorraine has already done alot in the way of making my business zero out. This has to do with my IHSS more than my health insurance. They are focusing not on my business but more on my personal accounts. They are saying that because I make more than $2000 in monthly income, they consider it "property". So like always I am the pioneer,and I have support from many disability rights agencies, including the world institute on disability, Lorraine, and Rocio Smith (the director of area board 5) who oversees the regional centers. I am convinced that I will persevere...I don't have to pay for any of my Doctors or my medicines, but I may end up having to pay for the 8 hours of care that I receive overnight. Thank goodness that I worked enough in my 20's to be able to be on Medicare. I just really don't want to have to pay the $26K a year for my overnight care with all my bills and my rent.
Elliot had a really bad infection behind his eyes, but he will be ok. I thought for sure he was going to die. Vanessa and I were very sad. The Vet said it could be the infection orr could be cataracts. Thank goodness it was the first! He has to take medicine forever, but won't lose his sight. I am grateful!
I am also going to find out tomorrow if the state will be cutting IHSS, due to state budget cuts. I have a lot of work to do in terms of getting more clients and also staffing the ones I already have. I have always chosen the unknown path in my life and continue to fight the good fight!

Love,
Nick

Sunday, March 22, 2009

Dare to Dream Attendant Services update

Hi,

I hope all of you are well. Dare to Dream has a great staff of people and a great client base. As you know, California is up against very hard times as an employer and as an employee. Tax rates and the cost of living going up along with budget cuts to regional centers that my company has business with makes it very difficult for a small business to survive. I am looking forward to meeting with you as soon as possible to discuss any and all possibilities on ways we can help each other accomplish our goals. I know most are too pressed for money and time, so if nothing else works I am extremely interested in setting up an advisory board that would help steer Dare to Dream Attendant Services in a way that will continue to provide quality home care when needed most. Whether I have spoken to you in the past few days, or whether I have never spoken to you at all, my assistant Andrew Snook and myself would like to come to your area and discuss possible collaborations and strategies to keep Dare to Dream prosperous, while at the same time providing quality home care when people need it most.


Talk to you soon,

Nicholas Feldman
Owner/Founder of Dare to Dream Attendant Services


Nicholas Feldman
Dare to Dream Attendant Services, LLC
2488 Martin Luther King Jr. Way
Berkeley, CA 94704
(800)988-9927
Fax: (415)541-8590
website: www.daretodreamattendantservices.com
blog: http://mydreamweaver.blogspot.com/
(Assistant may answer the phone)

I always said this could be a possibility...

Nancy Eiesland Is Dead at 44; Wrote of a Disabled God

Published: March 21, 2009

By the time the theologian and sociologist Nancy Eiesland was 13 years old, she had had 11 operations for the congenital bone defect in her hips and realized pain was her lot in life. So why did she say she hoped that when she went to heaven she would still be disabled?

Skip to next paragraph
Kay Hinton/Emory University

Nancy Eiesland specialized in the theology of disability.

The reason, which seems clear enough to many disabled people, was that her identity and character were formed by the mental, physical and societal challenges of her disability. She felt that without her disability, she would “be absolutely unknown to myself and perhaps to God.”

By the time of her death at 44 on March 10, Ms. Eiesland had come to believe that God was in fact disabled, a view she articulated in her influential 1994 book, “The Disabled God: Toward a Liberatory Theology of Disability.” She pointed to the scene described in Luke 24:36-39 in which the risen Jesus invites his disciples to touch his wounds.

“In presenting his impaired body to his startled friends, the resurrected Jesus is revealed as the disabled God,” she wrote. God remains a God the disabled can identify with, she argued — he is not cured and made whole; his injury is part of him, neither a divine punishment nor an opportunity for healing.

Ms. Eiesland (pronounced EES-lund), who was an associate professor at the Candler School of Theology at Emory University in Atlanta, died not of her congenital bone condition, nor of the spinal scoliosis that necessitated still more surgery in 2002, but of a possibly genetic lung cancer, said her husband, Terry.

Ms. Eiesland’s insights added a religious angle to a new consciousness among the disabled that emerged in the 1960s in the fight for access to public facilities later guaranteed by the Americans with Disabilities Act of 1990. The movement progressed into cultural realms as disabled poets, writers and dramatists embraced disability as both cause and identity.

Pointing out that anyone can become disabled at any time, the disabled called those without disabilities “the temporarily able-bodied.” They ventured into humor, calling nondisabled people bowling pins because they were easy prey for wheelchairs.

Ms. Eiesland’s contribution was to articulate a coherent theology of disability. Deborah Beth Creamer, in her book “Disability and Christian Theology” (2009), called Ms. Eiesland’s work the “most powerful discussion of God to arise from disability studies.”

In an e-mail message, Rebecca S. Chopp, the president of Colgate University, who is known for her feminist theological interpretations, characterized Ms. Eiesland as “a, if not the, leader of disability studies and Christianity and disability studies in religion.”

In four books and scores of articles, Ms. Eiesland’s scholarship also included a much-cited book on the dynamics of churches in an Atlanta suburb. Groups like the World Council of Churches asked her to speak on disability.

For 10 years, she consulted with the United Nations, helping develop its Convention on the Rights and Dignity of Persons with Disabilities, which was enacted last year. The convention describes the disabled as “subjects” with rights, rather than “objects” of charity. It explicitly endorses spiritual rights for the disabled.

Nancy Lynn Arnold was born in Cando, N.D., and grew up on a farm nearby. Operations to remedy her birth defect began when she was a toddler. Her parents also took her to faith healers. She wrote that she was a poster child for the March of Dimes, a charity that some advocates for the disabled criticize for its appeals to pity.

After she was fitted with a full-leg brace at age 7, her father told her: “You’re going to need to get a job that keeps you off your feet. You’ll never be a checkout clerk.”

In high school, she won a national contest with an essay on the inaccessibility of rural courthouses in North Dakota. She organized a letter-writing campaign on the issue.

She enrolled at the University of North Dakota, where she campaigned for ramps into the library and accessible parking spots. She dropped out after her beloved older sister was killed in an automobile accident.

Nancy and her stricken family joined the Assemblies of God and moved to Springfield, Mo., where the church has its headquarters. She enrolled in Central Bible College, which trained ministers, and graduated as valedictorian in 1986. She became an Assemblies of God minister, but gradually drifted away from the denomination.

She became a student at Candler, where she studied theology under Ms. Chopp. Ms. Chopp remembered Ms. Eiesland’s complaining that for all Christianity’s professed concern for the poor and oppressed, the disabled were ignored.

“I looked at her and said, ‘That is your work,’ ” Ms. Chopp said.

After a stunned silence, Ms. Eiesland accepted the challenge as fodder for a master’s thesis, which evolved into “The Disabled God.” She earned her master’s degree in 1991 and her Ph.D. in 1995, both from Emory.

Ms. Eiesland is survived by her husband; their daughter, Marie; her parents, Dean and Carol Arnold; two brothers, Neal and Victor Arnold; and two sisters, Katherine Arnold and Jocelyn Gracza.

As she strove to define new religious symbols, Ms. Eiesland’s metaphors were startlingly incisive. She envisioned God puttering about in a “puff” wheelchair, the kind quadriplegics drive with their breath.

One for all and all for one, this one is a victory!

A big round of applause for Rocio Smith and everyone in California! Below is proof that the olmstead is alive and well! In the holocaust, many people were killed in cruel mental hospitals and has been going on in the US ever since. This is yet one more step that people with DD do not need institutions. Shhhhh.......slowly but surly we are winning the war.


SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
CAPITOL PEOPLE FIRST et al., on behalf of themselves and all others similarly situated,
Plaintiffs
v.
DEPARTMENT OF DEVELOPMENTAL SERVICE, et al.,
Defendants
Case No. 2002-038715
CLASS ACTION
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
AND HEARING DATE FOR FINAL COURT APPROVAL
The Superior Court of California for the County of Alameda has authorized this notice. It is not
a solicitation for a lawyer.
TO: ALL PERSONS WITH A DEVELOPMENTAL DISABILITY WHO RESIDE IN
CALIFORNIA AND NOW LIVE IN, OR HAVE LIVED DURING THE LAST
YEAR IN, A GOVERNMENT OR PRIVATELY OPERATED FACILITY WITH
16 OR MORE OTHER PEOPLE
PLEASE READ THIS NOTICE CAREFULLY, IT MAY AFFECT YOUR LEGAL
RIGHTS
IF YOU WISH TO OBJECT TO THE SETTLEMENT AGREEMENT OR
APPEAR AT THE APRIL 24, 2009 COURT HEARING REGARDING FINAL
APPROVAL OF THE SETTLEMENT AGREEMENT, YOU MUST FOLLOW
THE DIRECTIONS IN THIS NOTICE
2
Purpose of This Notice
This Notice sets forth the basic terms of the proposed Settlement Agreement in the case
entitled Capitol People First v. Department of Developmental Disabilities and advises
class members of their procedural rights relating to the settlement. The certified class in
the case is defined as follows:
All California residents with a developmental disability, as defined in
Welfare and Institutions Code section 4512(b), who are (or become)
institutionalized, and those who are at risk of being institutionalized, in
congregate residential facilities having a capacity of 16 or more
individuals.
Under this definition, “institutions” are public and private, licensed or
certified facilities, including but not limited to state developmental centers
(DCs) including the state-owned-and-operated Sierra Vista and Canyon
Springs facilities, state psychiatric hospitals; intermediate care facilities –
developmentally disabled (ICF-DDs); and those skilled nursing facilities
(SNFs), residential community care facilities (CCFs), or children’s shelters
with a capacity of 16 or more. This definition refers to facilities on the
same grounds or parcel, irrespective of whether the provider has one or
more discrete licenses.
By statute, Welfare and Institutions Code section 4418.7, a person is “at
risk” of institutionalization in a DC when “the regional center determines,
or is informed by the consumer’s parents, legal guardian, conservator, or
authorized representative that the community placement of [the] consumer
is at risk of failing and that admittance to a state developmental center is a
likelihood.” For purposes of the class definition, the same criteria apply to
determine those at risk of institutionalization in institutions other than
DCs. In addition, pursuant to Welfare and Institutions Code section 4508,
individuals who are released from DCs may be on provisional placement
for one year and have an “automatic right of return.” Under the class
definition, therefore, persons at risk of institutionalization also include
those who are within one year of release or discharge from a DC or other
institution.
Description of the Case
Three organizations concerned with the rights of persons with developmental disabilities
(Capitol People First, ARC of California, and California Alliance for Inclusive
Communities) and 15 individuals with developmental disabilities (the Plaintiffs) have
brought a lawsuit against the California Department of Developmental Disabilities
(DDS), other State agencies, and the 21 Regional Centers located throughout California
which arrange for services and supports to persons with developmental disabilities (the
3
Defendants). Two organizations concerned with the rights of persons with developmental
disabilities (California Association of State Hospital Parent Councils for the Retarded,
and California Association for the Retarded) intervened in the case.
In the lawsuit, the Plaintiffs contend that Californians with developmental disabilities,
who live in government or privately operated facility with 16 or more persons, should
have more information and choice about options for living in smaller homes in the
community. The lawsuit asks the Court to issue an order requiring the Defendants to take
steps designed to advance these objectives. The lawsuit does NOT seek an award of
money damages for anyone.
The Defendants deny the allegations in the lawsuit.
Summary of the Proposed Settlement Agreement
In order to resolve the lawsuit, the Plaintiffs and the Defendants have successfully
negotiated a proposed Settlement Agreement. On January 30, 2009, Alameda County
Superior Court Judge Robert Freedman granted preliminary approval of the Settlement
Agreement and approved this Notice.
What follows is a brief summary of the main terms of the proposed Settlement
Agreement. If you want more information, please see the section of this Notice entitled
“Obtaining More Information” which is set forth below.
• Subject to Legislative approval, DDS will provide additional funds to each Regional
Center to assist the Regional Center in arranging for a case worker to attend Individual
Program Plan (IPP) meetings of persons residing in Developmental Centers (DC s).
• Regional Centers will provide information to persons living in certain large private
facilities about possible living arrangements in smaller, community-based settings.
• DDS will provide training to DC staff about community living options.
• DDS will work with Disability Rights California and the State Council on Developmental
Disabilities to provide information and training to class members about community living
options.
• Regional Centers and DDS will continue to use the Community Placement Plan process
to help class members move from the DC s to community settings.
• Regional Centers and DDS will develop new community programs and housing options.
• Subject to Legislative approval, DDS will continue to provide funds to Regional Centers
to use to help large, private facilities, which serve persons with developmental
disabilities, to downsize to smaller community homes.
4
• The Settlement will remain in effect for three years. During this period, Disability Rights
California, the attorneys for the Plaintiffs, will receive reports which will allow it to
monitor the Defendants’ performance under the Settlement Agreement.
• The Settlement Agreement does NOT provide for a monetary award to any plaintiff or
class member.
• The Settlement Agreement does NOT provide for the payment of attorneys’ fees or costs
to the Plaintiffs or their attorneys.
• Nothing in the Settlement Agreement requires anyone to move from his or her current
residence.
The Fairness Hearing
The next step in the case will be a hearing at which Judge Freedman will decide whether
the proposed Settlement Agreement is fair and reasonable (the Fairness Hearing). The
Fairness Hearing will be held on April 24 2009 at 2:00 p.m. The location of the hearing
is Department 20, Alameda County Superior Court, 1221 Oak Street, 4th Floor, Oakland,
California 94612.
If, at the conclusion of the Fairness Hearing, Judge Freedman gives final approval to the
Settlement Agreement, you, as a member of the class, will be bound by the Settlement
Agreement. As a practical matter, this means that for the three years the Settlement
Agreement is in effect, you cannot bring a lawsuit that makes claims which are the same
or similar to the claims made by the Plaintiffs in this lawsuit. Please note that the
proposed Settlement Agreement does NOT affect or alter your right to have disputes
which are specific to you resolved through an appropriate administrative hearing or
court action.
Comment and Objection Procedure
As a member of the class, you now have the following options:
• If you agree with the proposed Settlement Agreement, you do not need to do
anything.
• If you oppose any of the provisions in the proposed Settlement Agreement:
• You may submit a letter explaining your objection to the proposed Settlement
Agreement. Your letter will be considered by Judge Freedman at the Fairness
Hearing.
5
OR
• You may appear at the Fairness Hearing and explain your objections to Judge
Freedman.
To do either of the above, you must send a letter containing the following information to
BOTH of the addresses set forth below:
• The name and number of the case, i.e., Capitol People First v. Department of
Developmental Disabilities, No. 2002-038715.
• Your full name and address.
• An explanation of specific reasons for your objection to the proposed Settlement
Agreement, including the identification of the particular provision(s) in the
Settlement Agreement to which you object.
• A statement that you intend to appear at the Fairness Hearing, if that is your plan.
Your letter must be mailed to:
Clerk of the Court
Alameda County Superior Court
Renee C. Davison Alameda County Courthouse
1225 Fallon Street
Oakland, CA 94612
AND
Barbara Dickey, Esq.
Disability Rights California
1330 Broadway, Suite 500
Oakland, CA 94612
TO BE VALID, YOUR LETTER MUST BE POSTMARKED NOT LATER THAN
April 17, 2009.
DO NOT TELEPHONE THE COURT.
6
Obtaining More Information
If you want more information, you may:
• Read the complete Settlement Agreement at the Clerk’s Office at the above
address.
• Find the complete Settlement Agreement on the internet at:
Alameda County Superior Court
• California Department of Developmental Services
• Disability Rights California
• Regional Centers in California
• Telephone Disability Rights California (Plaintiffs’ attorney) at (510) 267-
1200 to request that a copy of the proposed Settlement Agreement be
mailed to you.
• Call or email Barbara Dickey, the lead attorney representing the class, at:
• Telephone – (800) 776-5746, TTY (800) 649-0154
• Email – CPFinquiries@disabilityrightsca.org.

Monday, March 16, 2009

I am so sorry to hear about the passing of Scott. I remember his power of critical thinking and his true dedication to technology and disability as well as all the other components. Scott was always the most logical of the bunch, I will miss him a lot. Please keep me informed about memorial services.

Nick

Tuesday, March 10, 2009

The Invitation

It doesn't interest me what you do for a living. I want to know what you ache for, and if you dare to dream of meeting your heart's longing.

It doesn't interest me how old you are. I want to know if you will risk looking like a fool for love, for your dream, for the adventure of being alive.

It doesn't interest me what planets are squaring your moon. I want to know if you have touched the center of your own sorrow, if you have been opened by life's betrayals or have become shriveled and closed from fear of further pain!I want to know if you can sit with pain, mine or your own, without moving to hide it or fade it, or fix it.

I want to know if you can be with joy, mine or your own, if you can dance with wildness and let the ecstasy fill you to the tips of your fingers and toes without cautioning us to be careful, to be realistic, to remember the limitations of being human.

It doesn't interest me if the story you are telling me is true. I want to know if you can disappoint another to be true to yourself; if you can bear the accusation of betrayal and not betray your own soul; if you can be faithlessand therefore trustworthy.

I want to know if you can see beauty even when it's not pretty, every day,and if you can source your own life from its presence.

The Invitation by Oriah Mountain Dreamer, book cover

I want to know if you can live with failure, yours and mine, and still stand on the edge of the lake and shout to the silver of the full moon, “Yes!”

It doesn't interest me to know where you live or how much money you have. I want to know if you can get up, after the night of grief and despair, weary and bruised to the bone, and do what needs to be done to feed the children.

It doesn't interest me who you know or how you came to be here. I want to know if you will stand in the center of the fire with me and not shrink back.

It doesn't interest me where or what or with whom you have studied. I want to know what sustains you, from the inside, when all else falls away.

I want to know if you can be alone with yourself and if you truly like the company you keep in the empty moments.

Thursday, March 5, 2009

My Life Is...


...nothing but carnage!