We Won! Children with Special Needs Protected!

You know, there's an old Yiddish saying that goes, "God slaps you on one cheek and kisses you on the other." I wrote a post not too long ago about how Arizona had decided to cut out the Early Intervention program for children with disabilities because of lack of budget funds. Remember the lawsuit for which I wrote a deposition and was serving as a plaintiff against the State of Arizona, the one I doubted we even had a hope of winning, the one that presented our one and only chance of getting the budget cuts for services of children with special needs repealed? Well, we had a big success today, and we won that lawsuit outright, and babies throughout the state are getting their services reinstated.

Today, our family attended the press conference at the State Capitol. It was very exciting to be influencing public policy, and in particular, to be advocating for something so close to my heart. It is a wonderful feeling to know that, even in a world where it seems like one can be drowned out by the opposition and overwhelmed by bureaucracy, your voice can still be heard. So far, news stations Chanel 3 and Chanel 5 have covered the story in addition to several valley newspapers. I will post a video of the segment as soon as I get it.

Here is the link to Channel 3 clip: http://www.azfamily.com/video/?z=y&nvid=340992&shu=1

Here is the link to Channel 5 article & video: http://www.kpho.com/health/18912232/detail.html

In front of the Capitol Building with the CEO & Vice President of TCH (The Center for Habilitation) and Monica Attridge for AAPPD (an advocacy group for privder services).

Here is an excerpt from the official Press Release:

"Judge Stops Drastic Cuts in Disability Services by DES"

On February 13, 2009 the Department of Economic Security (DES) announced the most severe cuts in services and provider rates since the community system for people with disabilities was founded 30 years ago. More than 4,000 people with developmental disabilities were to be removed from service effective Friday, March 13th, ranging from 2,000 infants in early intervention to adults with severe disabilities, many of whom had received services for over two decades. The already fragile network of service providers was hit with a 10% rate reduction in payment for services even while a recent DES study indicated that provider rates were already substandard.

On February 27, providers, advocates and developmentally disabled individuals and their guardians from various parts of the State sued the State of Arizona and DES in Superior Court over these cuts. They asked the Court for an immediate injunction to stop the suspensions of services and the rate cuts that would jeopardize the continuing availability of essential services. At a preliminary hearing, the Court heard evidence about infants and toddlers who are developmentally delayed and will lose essential services at a critical time in their lives; about disabled adults who will lose personal care services that are essential for their immediate safety and welfare; and about service programs that either have or will have to close their doors if these cuts are permitted.

Today, Judge Joseph B. Heilman enjoined the State of Arizona and DES from making those cuts. His ruling is retroactive to March 1st. The ruling notes that, in the State's rush to fix its budget problems, it acted so hastily -- without public input -- and that it ignored the immediate safety and welfare of some of its most vulnerable citizens. The State's actions threaten to undermine the very network of services that it designed to serve the thousands of program beneficiaries and their families. And in its haste, the State most likely ignored the law as well.

Clients, their families, advocates and providers will hold a rally at the State Capitol next Thursday, March 19th to emphasize the effects of the cuts proposed.