Welcome!

Celebrating Abilities Inc. started as a support group located in southwest Florida for parents of children with different abilities. We are no longer active as a group because we've all moved on to other areas of the United States. I've decided to keep the blog active so that information can be shared with our loyal families and some new ones, too.

If you have any further questions, please contact:
hawkinsj68@gmail.com or ceenic123@aol.com


Have a blessed day!

Tuesday, December 8, 2009

"The Princess and The Frog"


Reminder:

Sensory-friendly showing of "The Princess and The Frog" this Saturday at AMC Merchant Crossing in N. Ft. Myers at 10am. Tickets are $5. Support AMC's efforts to accomodate our families!

Friday, November 27, 2009

Reno's World

Announcement: (Book) Reno's World ~ Presenting Autism and Related Disabilities To Youth is finally finsihed!  


Reno is 12 years old and for the past year has been a public speaker trying to spread autism awareness to his community.  


Reno was born legally blind and carries many diagnosis including Asperger's but hopes this book and his story will not only teach you about autism but inspire you to always look at your abilities, NOT your disabilities.  


After realizing that he did a few things different than some of his friends he started researching what having Asperger's really did mean. He did not understand the terminology that was used, so after months of research, he wrote a brochure and power point to educate those around him using terminology that everyone including his peers could understand. His book is comprised of all of his writings, focusing on how to be a good friend to kids with autism.  


This book is truly an educational tool to all who read it!  


Please feel free to pass this along to anyone that you feel would benefit from this book.  


Thank you all so much for the support you have all given to our family and especially the tremendous support and praise that you have given to Reno!  


Please take time to notify your local library about Reno's World ~ Presenting Autism and Related Disabilities To Youth, to help continue autism awareness throughout all of our communities. Together we can make a difference!


Information about the book is available at:  
www.amazon.com  
Amazon.com: Reno's World, Presenting Autism and Related Disabilities To Youth (9781936051670): Reno Williams, Nikki Nacco: Books  


http://www.amazon.com/Renos-Presenting-Autism-Related-Disabilities/dp/1936051672/ref=sr_1_13?ie=UTF8&s=books&qid=1259368459&sr=8-13  


If you have any questions please contact us at renosworldautism@yahoo.com. Thank you for your continued support, Tuesday Williams

Thursday, November 26, 2009

What Does It Feel Like To Tie Up A Child?

What Does It Feel Like To Tie Up A Child?  
Rich La Belle, Executive Director Family Network on Disabilities  


So, I've been wondering. What does it feel like to tie up a child? What does it take for an adult to think it's a good idea or even just ok to tie up a child? It seems to be happening all the time, most recently in Hillsborough County, Florida: http://www2.tbo.com/content/2009/nov/19/disabled-hillsborough-student-tied-chair-documents/news-breaking/ . All the time, that is, as long as the child in question has a disability.  


What goes through the mind of an adult that actually moves them to tie up (or down) a child placed in their care? In this latest case, it appears that a teacher tied a student in his class to a chair with a coaxial cable, like a tv cable.  


The story in the Tampa Tribune says that the teacher had been teaching for four years and was certified to work with students in exceptional education. The teacher, however, says he had no formal experience with students with severe disabilities.  


Ok, I can understand a lack of experience, but how does that translate in the mind of a trained educator into "it's ok to tie up a kid with a tv cable"? Before anyone asks, the student wasn't being unruly and he wasn't a danger to himself or others (not that that would automatically justify tying him up). He was simply identified as a "runner". For that, he got tied up - by his teacher.  
 


What happened to the teacher? The district investigated, the sheriff's office investigated and - you've got to know the story by now - no charges were filed. Even though the sheriff's office found "signs of child abuse and neglect." The school district closed its investigation in August. It suspended the teacher for five days, which can be spread out by the teacher over the course of the school year. I can feel that slap on the wrist all the way across the bay.  


That brings me to another question - why does the law seem to be suspended when it comes to these type of cases? Why are there few prosecutions? Why are the administrative punishments of those who do these things to our kids so weak? I don't have an answer for this. I just think it's outrageous - and it's beginning to give other educators a bad name. That's another real crime.  


So, what's happening now? The family is suing the school district. I recently heard that a preliminary estimate of the cost of providing initial Positive Behavioral Supports training for a school is about $2,000.00. That's not even going to cover the cost of the District's lawyers to file an initial response to the family's lawsuit. Can't we spend our money better than this? If I lived in Hillsborough County, I'd be really ticked off that my tax dollars were going to pay lawyers to defend against something like this. This might be an issue to raise with the school board at their next meeting. What do you think?


Help end this - join and build the Cause (over 1,200 members as of this writing): http://apps.facebook.com/causes/341382/48640532?m=6fb2fd15  


* Please note my new email address: richlabelle@fndusa.org  


Richard La Belle Executive Director 
Family Network on Disabilities 
2196 Main St. Suite K Dunedin, FL 34698 
(727) 523-1130/(800) 825-5736 Fax: (727) 523-8687 
www.fndfl.org

Tuesday, November 24, 2009

A Day In The Park With Celebrating Abilities Inc





A Day In The Park with Celebrating Abilities Inc.
 A gathering for families with children of all abilities  


Please join us on Saturday, December 19, 2009
at Lakes Regional Park


Celebrate the abilities of all of our children
and share the Reason for the Season.

(Shhh.....it's also Kevin James' Bday)

Please bring a potluck dish to share


To RSVP:
Please contact Jacqui Hawkins
at 898-9612 (cell)
or
jacquih1126@gmail.com

Friday, November 20, 2009

Sensory Friendly Films in North Fort Myers

AMC Merchant Crossing 16 Theatres is starting a new Sensory-Friendly program to allow children with autism and their families an enjoyable time at the movies without fear of disrupting others. This is a program we asked our corporate office permission to run. I have attached a PDF flier of the two shows we have approval for so far. All tickets are $5. I fear that if we do not see enough attendance with these first two show AMC may remove the program from our location. The shows are approximately every three weeks starting with Planet 51 this Saturday at 10:00am. I appreciate any assistance you can offer in helping to spread the word so we may keep the Sensory-Friendly Films in our area. Please feel free to call (239) 995-9303 if you have any questions.

Thank you,

Andy
AMC Merchants Crossing 16




Wednesday, November 18, 2009

Help NOEWAIT End The Waitlist for Needed Services

Dear Friends,

Did you know: Many people with developmental disabilities and their families
are on "waitlist" for home and community-based services in their state's own
Medicaid program?

Did you know: There are over 300,000 Americans in these queues, which
frequently involve many years of waiting. As families, we struggle to do the
best we can to earn a living while also caring for our loved ones who may
require extensive help with the activities of daily living that most take
for granted. The challenges facing people on waitlists and their families
are significant, and in many cases can be debilitating.

Did you know: Medicaid home and community-based services are not portable!
That means that people with developmental disabilities who are fortunate
enough to receive services cannot move to another state for a military
transfer, or to take a promotion in the private sector, or to help care for
an aging family member, without starting over at the bottom of the waitlist
in the new state.

Did you know: We need your help! You are getting this message because you
have supported NOEWAIT by signing a petition to End the Waitlist for
individuals with developmental disabilities and their families.

Do you know: The National Organization to End the Waitlist (NOEWAIT) has
been working on this issue for almost two years, thanks to its volunteer
members. No one is paid a cent to work for NOEWAIT. We have volunteers all
over the country giving of their time in this massive effort to join
together to have our collective voices heard to end the waitlist for
services. We appreciate and encourage your involvement.
You can join by contacting NOEWAIT@NOEWAIT.NET

Do you know: These are the folks across the country on the Steering
Committee who are helping:

Maureen Devaney, Pennsylvania

Lori Fahey, Florida

Denver Fox, Colorado

Pedro Geraldino, Pennsylvania

John Hall, Florida

Did you know: The petition to End the Waitlist, which was signed by 11,000
concerned citizens, has been hand delivered to the President of the United
States, Vice President Biden, influential federal Representatives, Senators,
Special Assistant for Disability Issues Kareem Dale and Cindy Mann, Director
of the Center for Medicaid and State Operations. Also sent to each was a
personal letter, the list of 11,000 signatures and selected poignant
comments.

Did you know: That we greatly appreciate the efforts of all who signed the
petition, and invite everyone to join us in a further effort to impact
Congress, by sending your own personal letter directed to your federal
Representatives and Senators, including a copy of the petition, a list of
the 11,000 signatories, and selected comments. Think what an impact it would
make if the congress received thousands and thousands of similar letters and
copies of the petition!

Did you know: We need your help, and helping is easy! You will find
everything you need to send a powerful letter on our web page:

http://www.ourwebs.info/indexnoe.htm

There are instructions, a "fill in the address" letter, the actual petition,
and a list of the signatures. There are also links to help you find your
federal representatives and their local addresses. All you need to do is
download the documents and follow the instructions!

Make your voice heard. Silence is the enemy. Please join us in this effort!

We look forward to your help.


For your information

Health care reform: As you know, the House passed the Affordable Health Care for America Act on Nov. 7. The Senate has merged 2committee bills to create its version of hc reform. The bill draft has not been released. Sen. Reid was waiting for the CBO cost analysis of the bills before authorizing debate. The CBO study is not public but “leaks” indicate that the Senate bills would carry a price tag of about $900 billion—considerably less than the cost of the House Bill--$1.3 trillion. Sen. Reid is meeting with the Democratic caucus tonight to review all the elements of the bill and get a better sense of issues requiring more work. At the present time, 3 Dem. Senators have not indicated to Sen. Reid how they will vote: Landrieu, LA; Nelson, NE; Lincoln, AR.

Maintaining 60 votes is critical for this issue to move forward to avoid a filibuster. Some opponents are threatening to move that the bill be read in its entirety in the Senate and numerous other parliamentary obstructions will be tried. It takes a super-majority in the Senate to stop any such measures.

Sen. Reid has promised that the Senate bill will be posted on the Internet 72 hours before debate begins. It is unlikely that will happen before the Thanksgiving recess. Leadership hopes to pass a bill before the Xmas recess. Normally a conference committee would be the next step but some think this bill will go thru a “ping pong” set up where various bills between the House and Senate will be acted until a final bill is written.

CLASS ACT: Some elements of the CLASS Act (allowing voluntary paycheck contributions to fund long term services and support) are in the both bills. However, in the past week, eight Dem. Senators have indicated that they have “problems” with the provisions. The Long Term Care insurance companies are lobbying the Senate with a vengeance in opposition. CMS issued a report on Monday indicating that only about 3 million Americans would participate initially—a much lower number than earlier projections. Go to www.passthecalssact.org for regular updates on this issue.

Community First Choice Act: A statement of support for the Community choice option is in the House bill. The Senate bill includes this option. If a state chooses this option, the FMAP for that state would increase by 6%--nothing to sneeze at. If a state chooses the CFC option, they would have to adhere to its higher standards (no caps on services, no waiting lists, and no geographic restrictions.) Go to www.passthecommunitychoiceact.org for updates.

Mikulski bill to eliminate MR terminology: This bill was dropped yesterday and has several sponsors in both parties. It is based on a new statute passed in MD in 2009—Rosa’s Law. http://mlis.state.md.us/2009rs/chapters_noln/Ch_119_hb0020T.pdf for a copy of the new Maryland law. Proponents are seeking House sponsorship now.

After Thanksgiving new alerts will go out regarding action on this bill.

Seclusion and Restraint: there may be a House bill on this issue before the end of the calendar year. The goal is to ensure that any federal law include all kids (not just those with disabilities) in public schools or other facilities receiving federal funds. DPC is working with legislative staff on language to establish some kinds of rules on when seclusion and restraint could be used. There’s some push back from general education lobbyists about the cost of monitoring and reporting. There’s speculation that this bill will pass during the current session.

Employment: Lots of discussion in the House about getting something through before the Xmas recess to boost employment. Ideas include tax breaks for hiring new employees, continuation of the FMAP increases related to high unemployment beyond the original expiration date, action on transportation infrastructure grants (the existing highway bill is up for re-authorization but action has been delayed.) House leaders want members to have something to take home regarding employment before the recess.

H1N1 Flu vaccinations: On Monday, CDC issued new guidelines that include direct care providers, para professionals and other “non licensed” personnel who care for people with disabilities as part of the priority groups for vaccinations. See http://www.cdc.gov/h1n1flu/disabilities/
For more information. Scroll down to the 9th or 10th item on this page for particulars.

Appointments:
Tomorrow the Senate will begin confirmation hearings on EEOC Commissioners. Chai Feldblum has been nominated for the Commission. She is a strong advocate for persons with disabilities but is controversial for her activism in the gay-lesbian community.

Alexa Pitley (sp?)has been appointed as undersecretary in the Dept. of Education for the Office of Special Education and Rehabilitative Services—also a strong advocate for people with disabilities. (I’ll check on the correct spelling of her name and send it later.)

Please let me know if you have questions.

Thank you

Marijo Rymer
Executive Director
The Arc of Colorado
1580 Logan--Suite 730
Denver, CO 80203
303-864-9334 ext 11
303-229-9499 (cell)

Friday, October 2, 2009

BOWL – A –THON

BOWL – A –THON



OCTOBER 17 – Sat

@ 7:00 P.M.



50/50 3 GAMES FOR $10 TO BENEFIT

PEACE BY PIECE LEARNING CENTER

FOR

CHILDREN WITH AUTISM AND OTHER SPECIAL NEEDS



ALL STAR LANES

2818 N. TAMIAMI TRAIL

995-2138





Peace by Piece Learning Center is a non-profit corporation that provides specialized educational services for children and youth with autism and related disorders. Programs are designed to meet the unique educational needs of each student in order to facilitate the development of communication, social, behavioral, academic and life skills necessary to live a productive and independent life.

JUSTICE FOR CHILDREN

Our Guest will be Mr. Chilmonik and guess what he's a school board member. Let's talk Turkey um-er or is it the down home truth. The man who apologized for the counties ignorance. Education First!!


Wednesday, September 9, 2009

“Dance/Movement class for special needs students”

Naples Ballet, Inc.(a non-profit) is pleased to announce the beginning of NEWYour browser may not support display of this image. Your browser may not support display of this image. 
“Dance/Movement class for special needs students”
 
We are now offering a creative dance/movement class for special needs students who are 5 years and older.
The class uses the basics of dance to allow the children to explore how their bodies move, how to expand their imagination and creativity and much more.
For more information, please visit our websitewww.dancewithnolimits.com        or email tomartina@dancewithnolimits.com
Naples Academy of Ballet
Your browser may not support display of this image.
     
Your browser may not support display of this image.

      1005 5th Avenue North, Naples, FL 34102                                 
Phone: 239.732.1000

Cape youths among Kids Who Care winners


Three Cape Coral youths are among the more than 2,000 honorees for the Kohl's Kids Who Care Scholarship Program.
Cape Coral winners include Rachel Barnen, 10, Brittany Kawa, 12, and Reno Williams, 11.
Today, Kohl's Department Stores honored more than 2,000 kids nationwide for the good deeds they performed in their communities through volunteerism as part of the scholarship program. Ninety-five youths from Florida will receive $50 gift cards and recognition certificates from Kohl's for making a difference in their communities.
These winners have qualified for the chance to receive a $1,000 regional scholarship for post-secondary education that Kohl's will award in July. Of the regional winners, Kohl's will then award 10 national winners an additional $5,000 scholarship for their outstanding service and donate $1,000 to a nonprofit organization of the national winners' choice. In total, Kohl's plans to award more than $350,000 in scholarships and prizes this summer.
"We are proud to recognize so many young kids that are volunteering to help benefit their communities," said Julie Gardner, executive vice president and chief marketing officer at Kohl's. "The Kohl's Kids Who Care Scholarship Program allows us to reward kids who are doing selfless acts across the country."
Since its inception in 2001, the Kohl's Kids Who Care Scholarship Program has given more than $1.8 million in scholarships and prizes to recognize and reward young volunteers. The Kohl's Kids Who Care Scholarship Program is part of Kohl's Cares for Kids, Kohl's philanthropic program which is focused on improving the lives of children. Kohl's Cares for Kids benefits children's health and education initiatives nationwide through its merchandise program featuring books and plush toys, a children's hospital program, fundraising gift cards and the A-Team associate volunteer program.
For more information or a complete list of Kohl's Kids Who Care store-level winners, visitwww.kohlskids.com
 

New York TV show films at local bistro



"The Kids Can Cook" television show, a program televised in New York City, recently filmed coverage for a documentary involving children with the eye disease Macular Degeneration at the Bayfront Bistro at 4761 Estero Blvd.

Local kid chefs with vision loss caused by macular degeneration from the surrounding communities displayed their cooking skills in front of a television camera, their parents and the Division of Blind Services, the organization that represents children who have vision loss. The children were aided by assistants throughout the filming.

Macular Degeneration is an eye disorder that makes it difficult to

see fine details. The condition affects the macula, the part of the

retina responsible for central vision.

Sylvia Garson, the executive producer of the show, has partial Macular Degeneration and is directly involved in the filming of the documentary due to her own family's history of the eye disease.

"It's important for kids to not be stereotyped and to be able to know what is good to do," she said. "In any situation, you need to get past it to do the best you can."

Garson said her work on the documentary concerning macular degeneration is very important. She has met with doctors researching this ailment and has learned that this and other related eye diseases causing blindness can start in childhood.

"Since my work as an independent producer is with children, I want to do what I can to help," said Garson.

Garson began "The Kids Can Cook" show 18 years ago to wedge a gap between countries and cultures. The show is seen by well over a million people in the New York City area and is a federal trademark, says Garson.

"I began the show in 1991 to work with children and to bring children of all countries and cultures together by cooking together," said Garson. "Our first show was at Martin Luther King High School in New York City."

KCC airs in New York City on channel 56 every Sunday at 9:30 a.m.

"The Kids Can Cook" television show is a vehicle to teach proper nutrition, build a social exchange and create a learning experience in an entertaining format," said Garson.

The show has helped such organizations as the Ronald McDonald House and the Children's Hospital.

Bayfront Bistro is located behind Publix Supermarket within Snook Bight Yacht Club and Marina. Other sponsors for the show include Edward Jones; Pastry Shoes of Immokalee; Frescos Seafood Trattoria of Cape May, N.J.; Six L's Packing Company of Immokalee; Sandpiper Gulf Resort of Fort Myers Beach; Baby Togs of New York City; and Victorian Lace Inn of Cape May, N.J.

Eric Tibbs of Edward Jones attended the filming and taught the children about financial matters as part of the program. He used a piggy bank called the Money Savvy Pig as a prop to help the kids learn."

"These piggy banks have four chambers so you can teach them about investing and donating and spending and saving," said Tibbs. "They can learn exactly what it means to put money aside for short-term goals, things you want to buy and long-term stuff."

Tibbs talked to Principal Wood at Beach Elementary School and plans on showing the local students his piggy bank teaching device.

In Honor of Parents

Congratulations! You've been awarded a new title. You're super qualified. I know, you're
just a parent. You're not an SLP, an OT, a PT, or an MD, a Psych or a BCBA.

You're the person who got up at 4 am because your child only needed 3 hours of sleep last night.

You smiled as you watched him play out his favorite movie script, word for word.

You felt despair as you did everything in your power to convince him to put down his Game Boy and get ready for school.

You reveled in his endless delight with the soap bubbles when he washed his face.
You thought you were going to tear out your hair as you reminded him 40 times to put on his shirt.

You happily made his regular breakfast and cut his waffles into perfect squares with one dot of syrup in the middle, just the way he likes it.

You rejoiced when you watched him and his brother playing and laughing together.

You felt like you were on the verge of insanity when you listened yet again to the baseball statistics and answered the same question 23 times in a row.

You laughed heartily when he told you the weather was going to be poor and he was excited to see lots of Nimbostratus clouds and very few cirrus clouds.

You felt frustration and admiration when you asked him where his lunch bag was and he replied by naming 30 carnivorous dinosaurs, in size order and explained which period they lived in.

You felt pride when you watched him independently organize his school bag and gather his belongings.

You patiently waited 8 minutes for him to tie his shoelaces even though you grew increasingly anxious about the time passing by.

Your heart sang when he looked up at you as he was done, so proud of himself that he had done it alone.

Your eyes brimmed with tears when just before he stepped on the school bus, he turned back and without a word and without any eye contact, he gave you a big hug, letting you know in his own special way how much he loves and appreciates you for everything that you do.

This is the profile of an Absolutely Exceptional Parent. So from now when you sign your name, make sure to include your new title such as, Jene Aviram, AEP.

By Jene Aviram, AEP :-)
This article is property of and copyright 2003-2009 Jene Aviram of Natural Learning Concepts. Reference of this article may only be included in your documentation provided that reference is made to the owner - Jene Aviram and a reference to this site http://www.nlconcepts.com

Teacher accused of unecessary roughness with special education students retains job

Teacher accused of unecessary roughness with special education students retains job
Sarasota County, Florida September 3, 2009


A school district in Sarasota County, Florida was told today that firing a teacher who had mistreated students would not be allowed as they had not followed proper procedure in warning her about behavior.

Diana O'Neill was originally arrested after her aides gave a report to the principal detailing how she had hit and kicked her severely handicapped students as well as hitting them on the head with a water bottle and pulling skin off the lip of one child. Although she was acquitted of those charges, O'Neill's school district attempted to fire her for her "flagrant violation of her responsibilities as a teacher".

Sources say that Diana, an 18 year veteran of special education, was warned several times about her behavior. However, she was not specifically told at any time that she was receiving a 'verbal warning'. Because of this, an arbitrator ruled in O'Neill's favor, stating that she must be given her job, or a similar one, as soon as she completes her required 4 week suspension and required counseling. Her current salary is approximately $80,000 per year.

Nobody has mentioned if there is an investigation into why nobody called the Child Abuse Hotline when abuse was first suspected and witnessed. According to the district, Mrs. O'Neill was given many chances to stop mistreating students, but she did not stop. Nobody called the hotline or said anything substantial about the abuse claims until teachers aides began taking notes on the abuse and turned them in, in writing. Once many months of abuse were cataloged, the aides made the report to the principal.

Parents of the special needs children who were mistreated do not want Mrs. O'Niell to return to the classroom. Most likely, Diana O'Neill will be moved to a different school when she is reinstated. In any event, she will not be in the same classroom as those she was charged with abusing.

According to the teacher's union, there is still a possibility that her license could be revoked because of these incidences.

Collier County Autism Support Group

Hi!
The next Collier County Autism Support Group meeting is scheduled for Thursday, September 24, 7-8:45 p.m. We will meet at our usual location: North Naples United Methodist Church. A flier is attached with complete information. Feel free to post copies of the flier, or share it with others who may be interested in attending.

Wilbur Hawke (Regional Coordinator, Family Network on Disabilities) and Barb Southwick (Parent Educator Exceptional Resource) will present information about IDEA, the Individuals with Disabilities Education Act. This is a very informative presentation, particularly if you've never been to a workshop or program about exceptional student education.

In October, we will return to our schedule of the third Thursday of each month. We are deviating from that schedule in September because of the Collier County Public Schools' open house on the 17th.

No RSVP is necessary. We hope to see you on the 24th!



Collier County Autism Support Group

Saturday, August 22, 2009

“Piecing Together the Puzzle: A Conference on Autism”

SAVE THE DATE!

“Piecing Together the Puzzle: A Conference on Autism” will be held Saturday, October 17, 2009, at Summit Church in Fort Myers near Florida Gulf Coast University. The conference will feature the expertise and practical advice of a variety of experienced local professionals and parents, and there is no charge to attend. Planned topics include speech and occupational therapy, behavioral therapy (ABA), sensory integration, education and IEPs, diet and nutrition, biomedical treatment, advocacy, community resources, faith, and fathers of children with autism.

“Many parents don’t have the time and money to go to the bigger state and national conferences,” said conference co-organizer Kelly Powell, local autism advocate and mother of a young son with autism. “We wanted to coordinate something here in Southwest Florida that took advantage of local expertise and featured practical advice that parents could go home and use immediately to help improve the quality of their child’s life and their family’s life.”

The conference will run from 8:30 a.m. to 3:30 p.m. and will feature a variety of hour-long break-out sessions with time for questions and answers in each session. The information will be geared to parents of affected children ages two to ten. A vendor fair at the conference will feature information and materials from advocacy organizations, support groups, related businesses, and more.

Conference registration information will be announced in September. To be added to the e-mail list to receive upcoming information about the conference, contact Kelly Powell at autismconference@comcast.net or (239) 707-3115.

The First District Court of Appeals in Tallahassee, Florida ruled today that the Tiers for serving Persons with Disabilities are invalid.

Aug 21, 2009
Appellants, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT. http://ping.fm/oQu7t
Posted by Waiver News
Appellants, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
We will now wait to see whether APD files any post-decision motion for rehearing or clarification in the next 15 days. I've attached an updated case deadline calendar, which reflects this deadline.

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D08-4353

GERAUD L. MORELAND, (II), through his next friend Geraud L. Moreland, Sr., KENNETH GIBSON, through his next friend Dianna McCullough, COLLIN CONE, through his next friend Sherry Vardas, WILL BAKER, JR., by and through his next friend Richard Martin, and the ADVOCACY CENTER FOR PERSONS WITH DISABILITIES, INC.,

Appellants,

v.

AGENCY FOR PERSONS WITH DISABILITIES,

Appellee.

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CASE NO. 1D08-4353
_____________________________/

Opinion filed August 21, 2009.

An appeal from the Division of Administrative Hearings.
Eleanor M. Hunter, Administrative Law Judge.

Gigi Rollini of Holland and Knight LLP, Tallahassee; Steven L. Brannock of Brannock & Humphries, Tampa; and Christine Fuqua Gay of Holland & Knight LLP, Jacksonville, for Appellants.

Cynthia A. Mikos of Allen Dell, PA, Tampa, Amicus Curiae for ARC of Florida, Hillsborough Achievement and Resources Center, Autism Society of America,

Autism Society of Greater Florida, Florida’s Voice on Developmental Disabilities and Parent to Parent of Miami.

John D. C. Newton, II, General Counsel, Brian F. McGrail, Senior Attorney, and Jonathan Grabb of Agency for Persons with Disabilities, Tallahassee, for Appellee.

WOLF, J.

Appellants challenge an administrative order which found that a series of proposed rules promulgated by the Agency for Persons with Disabilities (the Agency), creating a four-tiered system for Medicaid waiver benefits, was a valid exercise of delegated legislative authority. We find that the administrative law judge erred in finding the proposed rules are valid because (1) the Agency failed to demonstrate it adopted a valid, reliable assessment instrument; (2) the rules place an age limit on eligibility for Tier 3; and (3) the rules automatically place some former waiver recipients into Tier 4 without an assessment.

Appellants receive benefits under the Medicaid waiver system, which provides home and community-based services for persons with disabilities. Previously, there were two Medicaid waiver programs available in Florida – the Family and Supported Living Waiver (FSL Waiver), which provided a limited number of services with an annual dollar cap, and the Developmental Disabilities Waiver (DD Waiver), which provided a greater number of services without a monetary cap.

In 2007, the Florida Legislature amended section 393.0661, Florida Statutes, and instructed the Agency to develop and implement a comprehensive redesign of the waiver system in order to create a four-tiered system in lieu of the existing waivers. Tiers 2, 3, and 4 each have a different annual monetary cap; thus, the level of services available for each individual is contingent upon the tier into which the individual is placed.

In response, the Agency promulgated Proposed Rules 65G-4.0021, 65G-4.0022, 65G-4.0023, 65G-4.0024, and 65G-4.0025 (the Proposed Rules). Appellants subsequently challenged the Proposed Rules on a number of grounds, including that the rules were invalid pursuant to section 120.52(8)(c), Florida Statutes, which states that a rule is an invalid delegation of legislative authority if it “enlarges, modifies, or contravenes the specific provisions of law implemented.” Following a hearing, the administrative law judge (ALJ) determined the rules were valid.

We review the ALJ’s findings of fact for competent, substantial evidence, and we review the ALJ’s conclusions of law de novo. See § 120.68(7), Fla. Stat.; State Bd. of Trustees v. Day Cruise Ass’n, Inc., 794 So. 2d 696, 701 (Fla. 1st DCA 2001).

First, we find the ALJ erred in determining that Proposed Rule 65G-4.0021 is valid because the Agency failed to demonstrate that it adopted a valid, reliable assessment instrument as required by statute. Section 393.0661 states that in
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implementing the redesigned waiver system, the Agency “shall use an assessment instrument that is reliable and valid.” (Emphasis added). Similarly, section 393.0661(3) states that “[t]he agency shall assign all clients . . . to a tier based on a valid assessment instrument, client characteristics, and other appropriate assessment methods.” (Emphasis added).

However, the Agency failed to demonstrate it adopted a valid, reliable assessment instrument as required by section 393.0661. Instead, Proposed Rule 65G-4.0021(1) provides that the Agency will assign clients to tiers based on a list of criteria, including “waiver criteria and limitations provided in Chapters 393 and 409, F.S., Rule Chapter 59G-13, F.A.C., and this rule chapter.” Therefore, we reverse the ALJ’s finding that Proposed Rule 65G-4.0021 is valid.

Second, we find the ALJ erred in determining that Proposed Rule 65G-4.0024 is valid because it places an age limit on eligibility for Tier 3 in contravention of the statute which it implements. Section 393.0661(3)(c) provides that “[t]ier three shall include, but is not limited to, clients requiring residential placements, clients in independent or supported living situations, and clients who live in their family home.” (Emphasis added). However, Proposed Rule 65G-4.0024(1) requires that in order to be eligible for Tier 3, a client must meet one of the following criteria:

(a) The client resides in a licensed residential facility and is not
eligible for the Tier One Waiver or the Tier Two Waiver; or

(b) The client is 21 or older, resides in their own home and receives Live-in In-Home Support Services and is not eligible for the Tier One Waiver or the Tier Two Waiver; or

(c) The client is 21 or older and is authorized to receive Personal Care Assistance services at the moderate level of support as defined in the DD Handbook; or

(d) The client is 21 or older and is authorized to receive Skilled or Private Duty Nursing Services and is not eligible for the Tier One Waiver or the Tier Two Waiver; or

(e) The client is 22 or older and is authorized to receive services of a behavior analyst and/or a behavior assistant.

(f) The client is under the age of 22 and authorized to receive the combined services of a behavior analyst and/or a behavior assistant for more than 60 hours per month and is not eligible for the Tier One Waiver or the Tier Two Waiver.

(g) The client is 21 or older and is authorized to receive at least one of the following services:

(i) Occupational Therapy; or
(ii) Physical Therapy; or
(iii) Speech Therapy; or
(iv) Respiratory Therapy.

The ALJ determined that Proposed Rule 65G-4.0024 was valid because the Agency sufficiently justified the age restrictions imposed for Tier 3. However, pursuant to section 120.52(8), a rule is invalid if it contravenes the statute which it implements, regardless of whether the Agency was justified in contravening the statute. By imposing age restrictions on Tier 3, Proposed Rule 65G-4.0024 clearly contravenes the plain language of section 393.0661(3), which requires Tier 3 shall
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include clients who require residential placement, clients in individual or supported living situations, and clients who reside in their family home, regardless of age. Therefore, we reverse the ALJ’s finding that Proposed Rule 65G-4.0024 is valid.

Third, we find the ALJ erred in determining Proposed Rule 65G-4.0025 is valid because it contravenes the statute which it implements by requiring all former FSL Waiver recipients be placed into Tier 4. Section 393.0661(3) requires the Agency to “assign all clients” to a tier “based on a valid assessment instrument, client characteristics, and other appropriate assessment methods.” (Emphasis added). Proposed Rule 65G-4.0025 states Tier 4 shall include “[c]lients who are currently assigned to receive services through the Family and Supported Living Waiver unless there is a significant change in condition or circumstance.” By requiring all former FSL Waiver recipients be placed into Tier 4 based solely on the fact that they formerly received services through the FSL Waiver, Proposed Rule 65G-4.0025 contravenes section 393.0661(3), which requires the Agency to assign each client to a tier based on an individual assessment. Therefore, we reverse the ALJ’s finding that Proposed Rule 65G-4.0025 is valid.

In summary, we reverse the ALJ’s findings that Proposed Rules 65G-4.0021, 65G-4.0024, and 65G-4.0025 are valid and strike these rules as invalid for contravening the statute which they implement. We also find it necessary to strike Proposed Rules 65G-4.0022 and 65G-4.0023; although these rules are not invalid individually, the Proposed Rules are so interrelated that these rules cannot stand alone. We affirm the ALJ’s findings on all other issues.

For the foregoing reasons, we reverse in part, affirm in part, and remand for further proceedings consistent with this opinion.
WEBSTER and CLARK, JJ., CONCUR.

APD to Postpone Wait List Workshops.
http://ping.fm/TuJCC
Posted by Waiver News
APD to Postpone Wait List Workshops
· The Agency for Persons with Disabilities is postponing its wait
list rule workshops scheduled in August and September.
· APD has been gathering information about the new law that was
approved by the Legislature to take effect July 1, 2010. The law
reprioritizes the ranking of people waiting for services from APD.
· The agency wants to further develop its policy options before
having workshops. This will help the agency have better discussions
with and provide answers to questions from customers, families, and
advocates at the rule workshops.
· If you would like to send in written comments, please direct
them to: Denise Arnold, APD Community Relations, 4030 Esplanade
Way, Suite 380, Tallahassee,
Posted by Waiver News

Saturday, May 9, 2009

Cape Coral police train to find people with mental disabilities

It's a start, folks........


http://www.news-press.com/article/20090508/NEWS0101/90508074/1003/ACC

Understanding and compassion are as important as the technology used in tracking and finding people afflicted with Alzheimer’s and other debilitating mental and physical problems, said Cape Coral Police Officer David Wagoner.

Wagoner and three other officers — Chad Hartzell, Morgan Bessette and Christopher Gugliotta — recently completed training in the department’s Project Lifesaver program, which is designed, with the aid of an electronic device, to track and find people with Alzheimer’s, autism, and Down’s Syndrome who wander away from their caregivers.

The training he and the other officers received “gave us a more in depth understanding of their problems,” said Wagoner, 41.

Under the program, 22 residents suffering from Alzheimer’s, autism and Down’s, each wear a $300 bracelet that emits a radio signal. Those signals help Wagoner and a dozen other officers track people if they wander off and become lost.

The officers are equipped with receivers. As they get closer, the signals get stronger until they find the missing person.

The training Wagoner, Hartzell, Bessette and Gugliotta just completed included 10 to 12 hours of instruction by in house teachers over a couple of days, including classroom work and training exercise in finding a lost person using the transmitting and receiving equipment, said Martha LaForest, a crime prevention specialist who coordinates the program.

But besides learning how to find a person suffering from Alzheimer’s, officers are taught about the disease, how it affects people and how to deal with them once they are found.

“You need to make sure that you don’t make a situation even more traumatizing to the person,” Wagoner said.

People with Alzheimer’s often wander off because they’re going somewhere “they may remember from years ago. They’re on a mission,” Wagoner said. He said they then become disoriented and often weak and dehydrated because of the area’s subtropical climate.

“When you find them, it’s important to make eye contact with them. You don’t want to surprise them and panic them,” Wagoner said.
Also, “you never argue with them. You listen to them and then try to get them medical help, if they need it, as quickly as possible,” Wagoner said.

Then they can be reunited with their caregivers, he said.

The program gives the caregivers peace of mind, said Theodosia McPherson, 79, of Cape Coral, whose husband, Cleveland, 87, wears one.

About two years ago, before the family knew he had Alzheimer’s, her husband wandered off one morning after she left home briefly to stop by their church.

“When I came back, he was gone. Our neighbors helped search for him, but we couldn’t find him. I was frantic. I couldn’t sit down. I was screaming,” McPherson said.

Eleven hours later, drivers reported seeing a man they said was drunk walking along Veterans Memorial Parkway, McPherson said. She said it was her husband and police found him.

“He wasn’t drunk. He’d walked for miles and was dehydrated, weak and confused,” she said.

After doctors diagnosed Alzheimer's, McPherson said she found a support group in Fort Myers who referred her to Project Lifesaver.

Cleveland hasn’t wandered off since, but if he does, she’s confident police will find him quickly with the transmitter he’s wearing, McPherson said.

Cape Coral police have used the tracking equipment three times to find the same man in his early 60s who suffered short term memory loss from an aneurism, LaForest said.

Project Lifesaver, LaForest said, continues to grow. She said she has interviews within the next week with three more people whose caregivers want to enroll them in the program.

Each caregiver is asked to pay for the transmitter, but can receive free ones in hardship cases, and she is always looking for individuals and organizations to donate money to buy the bracelets.

11-year-old from Savage gives kids TV show 'Arthur' a new character

11-year-old from Savage gives kids TV show 'Arthur' a new character
By Maja Beckstrom
mbeckstrom@pioneerpress.com
Updated: 05/08/2009 03:20:18 PM CDT


Sixth-grader Connor Gordon doesn't watch "Arthur" — anymore.

The animated children's television show was his favorite program, he said, until he was in "like about third grade." But his little sister still watches it every morning at 7 a.m. And when he was a second-grader, his teacher devoted an entire unit to the picture books by author Marc Brown that inspired the popular PBS series.

So, Connor was in a strong position when a contest was held to create a new character for the show, which is about an aardvark family and their fellow animal friends. Still, to beat out 8,500 submissions from across the country is quite a feat. He did it with Lydia Fox — a girl fox in a wheelchair, who loves to draw and plays basketball.

On Thursday, a film crew from public television station WGBH in Boston crowded into the Gordon kitchen in Savage to film Connor and Marc Brown side-by-side at a table discussing drawing techniques and storylines. Later they filmed at Connor's former school.

The live-action segment will air nationally as part of the "Arthur" show on June 30. The contest did not guarantee that the winning character would actually be written into the animated portions of the show, but producers were so impressed with Connor's creation that we can expect to see Lydia Fox in upcoming episodes alongside Arthur, Buster, Francine and all the other animal kids in Ellwood City, producers said.

"I was just blown away by how carefully thought out

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she was," Brown said. "She'll fit right in."
The contest was conceived after CVS Caremark All Kids Can signed on last year as a corporate sponsor of the series. The pharmacy's charitable arm works to raise public awareness about children with disabilities, and the contest was designed to foster a message of inclusion.

Submission guidelines asked kids ages 6-12 to create characters with "a unique ability, character trait, or disability that might make life a little bit different, but not any less fun."

Finalists included a stuttering girl cat, an autistic boy bear and his service dog, a girl cat with Down syndrome, another boy bear with diabetes and a deaf ballerina cat.

But Lydia Fox — with her blue-and-red sneakers and her monogrammed backpack — rose right to the top.

"The drawing is fabulous," said "Arthur" senior producer Jacqui Deegan. "And she just has that spirit of creativity and positive energy. We also love the idea of her being able to play wheelchair basketball. We like to show kids playing sports."

Connor thought up the character at his kitchen counter while chatting with his mom. He decided that Lydia started using a wheelchair after she had become paralyzed from the waist down while diving into the shallow end of a swimming pool.

"Some kids are born needing a wheelchair," he said. "But I had the idea that she got the wheelchair later on, so it would be harder on her, so she'd have to adapt to it."

Connor drew on his own experiences to bring Lydia Fox to life. Like him, she had just started a new school. This fall, after six years at St. John the Baptist Catholic School in Savage, Connor left his friends behind to start sixth grade at Twin Oaks Middle School in Prior Lake. His parents said it's been a hard transition.

Lydia also likes to use fabric paint to create colorful T-shirts.

Unlike Connor, Lydia is a girl.

"When I thought of a fox, I thought of a girl because of their big bushy tail," he said. "I guess I think it looks sort of elegant."

On Thursday morning, the aspiring cartoonist and the world-famous cartoonist leaned over a thick spiral-bound sketchpad and chatted about character development.

"I'd love to know what Lydia puts in her backpack," Brown said.

"I didn't really think about that," Connor said.

"You know there might be a story here," Brown said.

"Whoa!" said Connor, suddenly inspired. "She carries plans, you know, for the shirts she makes. She has a drawing pad, a sketch pad, and probably some colored pencils, some fabric paints."

Connor would like to be a cartoon animator when he grows up.

"It's my life's dream," he said. He asked his parents for a drafting table for Christmas. He takes art classes in the summer and sketches the animals he sees in his back yard.

Until now, his father has been trying to channel his talents into a more practical career — perhaps architecture.

"But now I may have to rethink that," Terry Gordon said.

Thursday, February 5, 2009

The Collier County Autism Support Group

The Collier County Autism Support Group is hosting a Parents' Roundtable Discussion Night on Thursday, Feb. 19. The roundtable event will be held at the North Naples United Methodist Church in Founder's Hall from 7 - 9 p.m., and is free to the public.

Parents, grandparents and caregivers are invited to attend the roundtable to share in informal discussions with others based on the child's age: pre-school and elementary; middle school and pre-teens; and high school and young adults. The event is designed to allow parents with children in the same age range to meet with others for information sharing and support. While the event is free to the public, attendees should pre-register to ensure adequate seating. Please contact Robin King, (239)273-2144, or e-mail CollierAutism@gmail.com.