Transcript Building a Coalition to End the Inappropriate Use of

Building a Coalition to End the
Inappropriate Use of Seclusion
& Restraints on Children
Children Come First Conference
Wisconsin Dells, WI
November 16, 2009
Presentation Overview
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Seclusion/Restraint Coalition
Wisconsin S/R Issues
Initial Coalition Activities
Current Coalition Efforts
Future Plans
Seclusion/Restraint Coalition
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Other groups
Genesis of the Coalition
Angie’s death
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Individual groups push DHS for S/R summit
No consensus on “restraint” at follow-up meeting
Request for moratorium on holds that restrict
breathing—finally granted by DHS and DCF
DHS initiates S/R Practice workgroup
Wisconsin S/R Issues
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Families seeking help related to use of S/R with their
children
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Media reports of S/R incidents causing injury or death to
students
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DPI Guidelines for the Appropriate Use of Seclusion &
Physical Restraint in Special
Education Programs
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WI Patients’ Rights law not
updated since 1970’s
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WI has no statute or admin. code relating to S/R in special
ed. programs; previous attempts to pass have failed
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Need to build a coordinated, grassroots effort
Initial Coalition Activities
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Requested Legislative Council Study on S/R
Requested appointment to Special
Committee on School Safety
Distributed surveys to collect “Stories”
Developed brochure & display
Planned booklet contents
Researched literature, case law & legislation
Surveys
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Surveys widely
distributed to
collect “stories”
Spanish option
Confidentiality
Surveys revised
Raised awareness
Increased
requests for help
Surveys
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Type? (physical or chemical restraint, seclusion)
Setting? (school, treatment facility, both)
When occurred? Age of child at the time?
Part of IEP or Behavior Intervention Plan?
Details? (Frequency, length, location, staff
involved)
Any documentation? Measurement of impact?
Written policy about S/R in place?
How & when were you informed S/R was used?
How did your child feel when he/she was S/R?
Awareness Brochure
What do Seclusion & Restraint
mean?
Are there laws about S/R in WI
schools?
What do DPI Guidelines state that
school districts should do?
DPI Guidelines for Seclusion
DPI Guidelines for Restraint
Who is affected by S/R practices?
Resources for more information
Seclusion
and Restraint
in Wisconsin Schools:
Information for Parents
Making the problem known
These organizations have formed an
initiative to promote a safe environment
for children and staff through education
and legislation related to
the use of seclusion and restraint
in Wisconsin schools and institutions.
Please share your story!
If you, or someone you know, has a child
that has experienced seclusion and or
restraint, whether it was used effectively or
ineffectively, we would like to gain a better
understanding about your experiences.
Tragic results
WHY IS CHANGE NEEDED?
“Her death was a
homicide caused by
‘complications of chest
compression asphyxiation
arrest while restrained by
another person’” (Capitol
Times, 2006)
ANGELLIKA – Age 7
Inappropriate use of Medical
Equipment
WHY IS CHANGE NEEDED?
Zachary, a 3 year old with autism attended
an early childhood program at a public
elementary school. Zachary’s mother,
Hasmig, didn’t know her son was being
restrained in Rifton Chair.
“the use of such mechanical
restraint was not in Zachary’s IEP,
nor was it ever discussed with her.
Both of these are apparent
violations of DPI guidelines”
(620 WTMJ, 2007)
Zachary – Age 3
Out of Darkness…Into the Light
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Target audience: legislators
Stories
Research on literature, case law,
legislation in WI & other states
Recommendations
Report - Stories
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Story examples:
 Justin
 Jenna
 Teague
 Frank
 Many
more
Report – Research Section
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Introduction
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Federal Law
State Laws/Regulations
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 20 states
 1999 - 2008
WI Guidelines/Best
Practices
Why WI Corporal
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Punishment Law Not
Effective in Regulating S/R
in Schools
WI S/R Law for
Hospitals & Health
Care Facilities
WI S/R Law Regarding
Children in Juvenile
Detention Facilities &
on Community
Supervision
Conclusion
Current Coalition Efforts
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Agreement on goals and process
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Secure legislation to improve public policy
related to the inappropriate use of S/R for
schools & community based treatment facilities.
Continuing education on appropriate use of S/R
Seek common ground with other stakeholders
Distribute Out of Darkness…Into the Light
Current Coalition Efforts
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Stakeholder viewpoints & efforts
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Position statements – many overlapping areas
of agreement
Meetings to seek common ground
2008 School Power Point training
 32 slides -2 hour training on “WDPI Best
Practices” & “WCASS Position Paper”
 Assurance that all staff in every WI school will
be trained annually
 Outcome data?
Guidelines for Appropriate
Use of Seclusion & Restraint
in Special Education Programs
Developed by WCASS with the
Cooperation of SAA, AWSA, WASDA,
WEAC, and WDPI
Current Coalition Efforts
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Coalition Agreement on
Requirements for the
Use of S/R
Shared our information
with national
organizations and
Congress for federal
legislation
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Seeking other
stakeholders
Distribute Out of
Darkness…Into the
Light available on
line:
http://www.disabilityri
ghtswi.org/archives/2
96#more-296
Seek legislative
support for bill
Positive Behavior Intervention and
Support (PBIS)
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School-wide approach to providing
positive intervention with students
instead of negative discipline
DPI web site had information
http://dpi.wi.gov/rti/pbis.html
Bill drafted
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Rep. Sandy Pasch is sponsoring a bill
which the coalition wrote. Sen. Julie
Lassa is sponsoring a companion bill.
It is currently being circulated for cosponsors. It focuses on PBIS, reducing
use of seclusion and restraint, making it
safer when it is used, and communicating
with parents in a clear and effective
manner.
Concerned parents need to contact
legislators to encourage them to cosponsor LRB 2425.
Legislative Process
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Once the bill has co-sponsors, it will get a
bill number and eventually a committee
hearing.
It will be very important for parents of
kids who have been secluded and
restrained to come to Madison to testify
at the hearing, or if they cannot, to share
their stories in writing with committee
members and their legislators.
Contact your legislators
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If you know who your legislators are,
contact each one (Assembly and Senate)
to express your concerns about Wisconsin
having no laws on seclusion and restraint.
If you’re unsure who your legislators are,
you can check on-line:
http://www.legis.wisconsin.gov/w3asp/wa
ml/waml.aspx , or by phone: 1-800-3629472
Contact Information
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Disability Rights WI
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WI Family Ties
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608-267-0214
www.disabilityrightswi.org/
800-422-7145
www.wifamilyties.org
WI FACETS
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877-374-4677
www.wifacets.org