Today, Assemblyman Ken Blankenbush (R,C,I-Black River) and his Assembly Minority colleagues launched the conference’s C.A.R.E.S. Plan initiative. C.A.R.E.S. stands for the “Championing Aid, Rights, Equality and Services,” and is the product of a year-long task force created by the Assembly Minority Conference. Spearheaded by Assembly Minority Leader Brian M. Kolb (R,C,I,Ref-Canandaigua) and Assemblyman Clifford W. Crouch (R-Bainbridge), chairman of the Assembly Minority Task Force on Protecting the Rights of People with Developmental Disabilities, C.A.R.E.S. was developed through 11 regional forums, held across the state. Its mission was to address New York State’s interpretation of the 1999 Olmstead Decision.

At these forums, representatives spoke with individuals impacted by the 1999 Olmstead Decision in an effort to better understand the difficulties this ruling created for those affected. Legislators were able to listen to the concerns of families, caregivers, non-profits, community organizations and individuals with developmental disabilities regarding the effectiveness of transition plans for those in sheltered workshops and developmental centers.

Under the U.S. Supreme Court decision in Olmstead v. L.C., the court held that public entities must place those with developmental disabilities in community settings rather than in institutions when three conditions are met:

• The state’s treatment professionals have determined that community placement is appropriate;
• The affected persons do not oppose the transfer to the less restrictive setting; and
• The placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others with developmental disabilities.

“The task forces assembled by the Assembly Minority Conference are extremely helpful when it comes to advocating for the needs of a specific community in our state,” said Blankenbush. “It enables us to more closely focus our sights on the specific issues and develop legislation that will have the greatest impact for the individuals we represent. I appreciate the participation of the caregivers, families, community organizations and individuals with developmental disabilities in our forums for the feedback they have provided to my Conference.”

The purpose of this task force was to find ways to better support the rights of people with developmental disabilities; expand community-based care programs; assess the effectiveness of current transition plans for individuals in sheltered workshops; help fully fund the increase in minimum wage for direct care workers employed by non-profit service providers; and identify whether the input and desires of people with disabilities and their families are being considered.

You will find a copy of the Assembly Minority Conference’s C.A.R.E.S. Plan here.