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November 19, 2008
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Independent Living

Independent living stems from a philosophy that states that people with disabilities should have the same civil rights, options, and control over choices in their lives as do people without disabilities. The independent living philosophy recognizes that each person has the right to independence through maximum control over his or her life. It is based on an ability to make choices in performing everyday activities such as managing one’s personal life, participating in community life, fulfilling social roles such as marriage, parenthood, and employment, sustaining self-determination, and minimizing physical or psychological dependence on others. Community integration incorporates both ideas of location and participation. It emphasizes that a person is located in a community setting and participates in community activities. Consumer direction and control are integral to independent living, quality of life, and community integration.

The history of independent living is closely tied to the civil rights movement of the 1950s and 1960s among African Americans. The basic issues of housing, education, employment, and transportation are similar as well as the strategies used to address the problems. The history and its philosophy have much in common with other political and social movements that occurred in the country in the 1960s and 1970s.

Demedicalization was a part of the independent living movement that began to look at new approaches to health. There was a shift away from the authoritarian medical model to a paradigm that focused on individual empowerment and responsibility for defining and meeting one’s needs. Today, a fundamental part of the independent living philosophy is the idea of control by consumers of goods and services with choices and options available to them.

The independent living, developed by Gerben DeJong (DeJong, 1979)* proposed a shift from the medical model to the independent living model. This theory located deficiencies and problems in the society rather than in the individual. People with disabilities did not see themselves as sick, needing to be fixed. Social and attitudinal barriers were identified as the real barriers facing people with disabilities. This paradigm emphasized that decisions must be made by the individual and not by the medical or rehabilitation professional. People began to see themselves as whole, powerful, and self-directed. Disability began to be seen as a natural part of life and not as a tragedy.

* DeJong, Gerben. “Independent Living: From Social Movement to Analytic Paradigm, Archives of Physical Medicine & Rehabilitation 60, Oct. 1979.


Independent Living Centers (ILC’s)

Independent Living Centers (ILC’s) are non-profit, consumer controlled, community-based organizations. They provide a wide variety of services and advocacy by and for persons with all types of disabilities. The four core services they provide are peer support, information and referral, advocacy, and independent skills training. Their goal is to create opportunities for independence and to assist individuals with disabilities to achieve and maintain independent lifestyles. They focus on helping individuals create opportunities to live a lifestyle that is rich with the experiences of independence, job, families, travel, and education.

In addition, they are a strong advocacy voice on a wide range of national, state and local issues. They work to assure physical and programmatic access to health and social services, personal care assistance, affordable housing, employment, transportation, public places, and assistive technology. They are non-residential, meaning they do not operate any type of residential facility. They are good resources for people who wish to maintain or regain their freedom from institutions such as nursing homes.

Independent living advocates direct their efforts toward the goal of freeing people with disabilities from institutional living, while educating the community in accessibility issues. With the proper support system from the community, people with disabilities can live where they choose and pursue their dreams like everyone else. There is likely to be an Independent Living Center in your area; there are about 500 ILC’s in the USA. Most services are free.

Disability Services
For referrals in California and throughout the US: 916-446-3074
http://www.virtualcil.net/cils to click on the state you want
http://www.ilusa.com/links/ilcenters.htm

Independent Living
June Isaacson Kailes is a Disability Policy Consultant. Topics include general information, State Associations, Statewide Independent Living Councils, State-by-State listings, Canada, other countries, and articles.
http://www.jik.com
http://www.jik.com/ilcs.html

California Foundation For Independent Living Centers (CFILC’s)

The purpose of CFILC’s is to collaborate with and increase the capacity of California’s Independent Living Centers to create access and integration for people with disabilities. They support independent living centers in their local communities by advocating for systems change and promoting access and integration for people with disabilities.

660 J Street, Suite 270
Sacramento, CA 95814-2413
916-325-1690
916-325-1695 TDD
http://www.cfilc.org


The Center for an Accessible Society
Funded by the National Institute on Disability and Rehabilitation Research, The Center for An Accessible Society is a national organization designed to focus public attention on disability and independent living issues by disseminating information developed through NIDRR-funded research to promote independent living.

The Center for an Accessible Society
2980 Beech St
San Diego, CA 922102
619-232-2727
619-234-3130 (TTY)

http://www.accessiblesociety.org/topics/ada/index.htm

Olmstead Decision

What Is the Olmstead Decision?
In June 1999, the Supreme Court ruled in L.C. & E.W. vs. Olmstead that it is a violation of the Americans with Disabilities Act for states to discriminate against people with disabilities by providing services in institutions when the individual could be served more appropriately in a community-based setting. Segregated placement of persons who are disabled violates Title II of the Americans with Disabilities Act. If placement, retention, or isolation in an institution is not justified and severely limits everyday life activities, then it is a form of discrimination under Title II of the Americans with Disabilities Act.

The Olmstead decision applies to all qualified disabled individuals regardless of age. States are required to provide community-based services for people with disabilities if medical professionals determine that it is appropriate, disabled individuals do not object to such placement, and the state has the available resources to provide community-based services. The Court suggests that a state could establish compliance with the Americans with Disabilities Act if it has a comprehensive, effective working plan for placing qualified people in less restrictive settings and a program of community-based services that ensures people can receive services. In other words, the Olmstead Decision is a fundamental issue of basic human dignity and ensures people with disabilities and their families the right to choose where and how they receive services.

Centers for Medicare & Medicaid Services (CMS)
Americans with Disabilities Act / Olmstead Decision
The Olmstead Act is one step toward assuring access to community living for the disabled. The Supreme Court issued a decision in July 1999 to develop more opportunities for individuals with disabilities through more accessible systems of cost-effective community-based services.

The Centers for Medicare and Medicaid Services (CMS), formerly the Health Care Financing Administration (HCFA), began consulting with States and with people with disabilities. CMS plans to review relevant Federal Medicaid regulations, policies and previous guidance to assure that they are compatible with the requirements of the ADA and Olmstead decision, and facilitate States' efforts to comply with the law. CMS is working with other involved Federal agencies to ensure that the reviews are consistent with the requirements of the statute and are focused on the needs of persons with disabilities.

Centers for Medicare & Medicaid Services
7500 Security Boulevard
Baltimore, MD 21244-3000
410-786-3000

http://www.cms.hhs.gov/apps/media/press/release.asp?Counter=369

Freedom Clearinghouse
Stuff to know about Olmstead Decision
Freedom Clearinghouse is a nationwide network of advocates whose mission is to use the Olmstead Decision to free all law abiding people with disabilities from institutions to live in the community and share information about the best methods for delivering services at home for individuals with disabilities.

Freedom Clearinghouse
P.O. Box 558
Topeka, KS 66601

http://www.freedomclearinghouse.org/know/olmstead.htm

ADAPT
ADAPT, American Disabled for Attendant Programs Today, is a disability organization. Nationally, ADAPT focuses on promoting services in the community instead of housing people with disabilities in institutions and nursing homes. ADAPT has a long history of organizing in the disability community and using civil disobedience and similar non- violent direct action tactics to achieve its goals.

ADAPT played a major role in gaining passage of the Americans with Disabilities Act (ADA), particularly in the ADA's stringent requirements relating to accessible transit and its being seen as a civil rights law.

ADAPT has drafted a bill which will fundamentally change our long term care system and institutional bias that now exists. Instead, people with disabilities and their families will be able to choose where and how they receive services. MiCASSA, the Medicaid Community Attendant Services and Supports Act establishes a national program of community-based attendant services and supports for people with disabilities, regardless of age or disability. This bill would allow the dollars to follow the person and allow eligible individuals or their representatives to choose where they would receive services and supports.

ADAPT
201 S Cherokee
Denver, CO 80223
303-733-9324

http://www.adapt.org

Judge David L. Bazelon Center for Mental Health Law
The Judge David L. Bazelon Center for Mental Health Law is a nonprofit legal advocacy organization based in Washington D.C. They purpose of the organization is to establish a network that affords older mental health consumers, including people with Alzheimer's disease, a voice in public policy, particularly to promote services that will enable them to remain in the community based on the principle that every individual is entitled to choice and dignity. They do not handle individual requests for information or assistance.

They provide technical support for and co-counsel on selected lawsuits with private lawyers, legal services programs and state protection and advocacy systems. The center collaborates with local, regional, and national advocacy and consumer organizations to reform public systems and promote consumer participation in the design and operation of service programs. In addition, they are active in national policy working to preserve and expand programs that assure children and adults with mental disabilities of choice and dignity.

Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005-5002
202-467-5730; 202-467-4232 (TDD)

http://www.bazelon.org/olmstead.html

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