Know the Rights of People

with Disabilities
Overview on how we treat people with disabilities in the past and recent
changes in human rights measures within Ohio.
By
Jeffrey Alan Gossett II
&
Dynamic Pathways, Inc.

History of Maltreatment and Abuse

Ancient Times

Early records do not

differentiate between
intellectual and
developmental disabilities
from mental illness.

In ancient times, people

with developmental
disabilities and mental
illness were believed to be
possessed by evil spirts or
cursed by a divinity.

It was often believed it

was the persons fault for
their disability or illness.

Mid 1700s

People with disabilities

and mental illness were
institutionalized or jailed.
They were treated as
criminals and social
deviants.

Anyone who acted

dangerously or were
difficult to handle because
of their disability or
mental illness were
typically shackled or
locked in confining cells.

Engraving of the eighth

print ofWilliam
Hogarth'sA Rake's
Progressdepicting
Inmates atBedlam
Asylum.

Late 1700s

Benjamin Rush is known as The

Father of American Psychiatry.

The Tranquilizing Chair.

The belief at the time was that

"madness" was an arterial disease,
an inflammation of the brain.
Pictured here is the "tranquilizing
chair" in which patients were
confined. The chair was supposed
to control the flow of blood toward
the brain and, by lessening
muscular action or reducing motor
activity, reduced the force and
frequency of the pulse. Both of
Rush's devices were supposed to
exert an influence in some way to
circulation, which was believed to
be essential to the successful
treatment of the insane. In
actuality, they did neither harm nor
good.

Bloodletting.

1800s

New methods of control

were explored Many
were like torture.

Wrappings patients into

wet sheets.

1878French Psychiatrist Pinel abolished the use of

chains on the insane. He improved conditions by
introducing straight jackets.

Citation: Dynamic Pathways, Inc.

1800s
Restraint Chair - 1890

The Ridges, formerly called the

Athens Lunatic Asylum (1874 t0 1993)

Citation: Dynamic Pathways, Inc.

1935: Invention of the Lobotomy

Patients thinking and acting slows down. Patient at times

are completely lacking in emotional expression or display.

They shows a striking reduction in interest and driving
energy. This method is still used today for extreme
situations.

Citation: Dynamic Pathways,

1950s: Chemical
Restraints
The history of psychiatric drugs, started in 1950, with

the creation of the drug chlorpromazine (CPZ), which

came known as Thorazine.
Thorazine first came into widespread use around

1959 in psychiatric hospitals for acute patients, and it

had a calming and stabilizing affect on patients,
revolutionizing psychiatric hospitals and the way
patients there were treated.
Psychopharmacology became the norm, and other

"typical" stronger antipsychotic drugs followed the

creation of Thorazine.
Citation: Dynamic Pathways, Inc.

Positive Developments by 1960

The roots of supporting instead of controlling can been
seen in:
Civil Rights Movement which recognizes all people are

equaleven those with I/DD

Behavioral Psychology looks at the function of behaviors
and how they are shaped by our environment, education,
needs, etcbrought a new approach to changing behavior
US Education Bill of rights for the Mentally Retarded Child
Formation of the ARC and beginning of lawsuits demanding
reform in institutions
Sociology Studies including of Maslows Hierarchy of
Needs.
Citation: Dynamic Pathways, Inc.

Positive Developments by 60s and

70s
The roots of supporting instead of controlling can been seen in:
Civil Rights Movement which recognizes all people are equal even

those with Disabilities.

Behavioral Psychology - looks at the function of behaviors and how they

are shaped by our environment, education, needs, etcbrought a new

approach to changing behavior.
Education for All Handicapped Children Act.
Formation of the ARC and beginning of lawsuits demanding reform in

institutions
Sociology Studies including of Maslows Hierarchy of Needs
Citation: Dynamic Pathways, Inc.

Maslows Hierarchy of Needs

1970s
The focus became changing cultural values
including:
Deinstitutionalization
Education Reform
Normalization

The UN introduces

Rights of the Mentally

Retarded.
Citation: Dynamic Pathways, Inc.

Today, We Find Isolated Incidents of

Coercive Control
illegal attempts were made to make the unorthodox
shock treatments at the Judge Rotenberg Center for
Exceptional Children in Massachusetts.
Picture from NBC
news tour at JRC in
1997, showing girl
restrained to bed
and faced down in
a 5 point strap
restraint while
connected to a
shock device that
delivers electric
shock when she
moves.
Citation; Dynamic Pathways, Inc.

Today, We Find Isolated Incidents of Coercive Control.

Pictures of basement in Philadelphia

where 3 adults with developmental
disabilities were kept locked up, at least
one in chains in November of 2011

Citation: Dynamic Pathways, Inc.

Not so different from the

1700s

Positive Culture
Initiative
Changes Within Ohio in Human Rights Views
for people with Disabilities.

Current Philosophy of
Ohio
The State of Ohios Positive Culture Initiative.
This strives to eliminate coercive methods

and fear to promote a better life.

November, 2008 DODD banned prone
restraints.
Reforms in services lead to more focus on
structured daily schedules, rewarding desired
behavior, and finding ways to keep individuals
with disabilities active in the Community.
Citation: Dynamic Pathways, Inc.

Behavior Support Rule

New rule: 5123:2-2-06 Behavioral support

strategies that include restrictive measures.

Focuses on positive support culture. No separate

behavior plans.
Addresses rights restrictions that have become common
practices. Such as overuse of Chemical restraints or
Physical restraints.
New guidance on committee makeup and training.

No separate rule for children.

Citation: Dynamic Pathways, Inc.

Positive Culture Goals:

Create Healthy Relationships.
Striving to bring out the best in each other.
Acknowledging the goodness in others.
Actively supporting others to be successful.

Development of Support Strategies

Shall never include

prohibited measures
Prone restraints

prohibited by the rule in

2008

Restriction of individuals

rights only when and

individuals actions pose
risk of harm. Never as
punishment or
convenience.
Citation: Dynamic Pathways, Inc.

An Balance Act: For Safety and Freedom

Whats Most
Important
to the person

Written
Instructions
to support risks

Examine Systems in Place

Support vs. Behavior Management
What responses are built into the system?

Punishment, Coercion, Expulsion

Or
Investment in proactive strategies including:
Clearly

Defined Expectations
Rewards for Positive Outcomes
Addressing the cause and function of the behavior.
Never for Punishment, Coercion, Expulsion.
Are chemical and physical Restraints used appropriately?
Is it possible to phase out restraints?
Citation: Dynamic Pathways, Inc.

Examine Systems of Power

Who sets the rules?
Who enforces the rules?
Who controls where people go?
Who has the decision making authority?
Who controls the money?
Freedom and dignity of people with disabilities

is paramount.

Citation: Dynamic Pathways, Inc.

Development of Support Strategies

Designed to promote:
Healing
Recovery
Emotional Wellbeing
Data driven with

behaviors to be
increased/decreased.
Recognize role the
environment plays in
behavior.
Capitalize on persons
strengths.
Citation: Dynamic Pathways, Inc.

Human Rights Committee

Purpose: Review, approve,
reject, monitor, and/or
reauthorize strategies and
behavior support plans that
include restrictive
measures.
Citation: Dynamic Pathways, Inc.

Role of Human Rights Committee

Ensure planning

Reduce risk of harm

process is followed,
or likelihood of legal
sanction.
informed consent
obtained and due
process has been
Ensure restrictive
afforded.
measures are
Ensure that proposed temporary in nature
and only occur in
restrictive measures
specifically defined
are necessary to
reduce risk of harm or situations.
likelihood of legal
sanction. Citation: Dynamic Pathways, Inc.

Role of Human Rights Committee

Verify that

restrictive
strategies also
include actions
designed to enable Communicate
the person to feel
committees
safe, respected and
determination in
valued.
writing to submitter.

Citation: Dynamic Pathways, Inc.

Makeup of Human Rights Committee

Comprised of at

least 4 people.
Include at least one
person who receives
specialized services
Include qualified
persons who have
experience or
training in behavior
support.

Balance of

Citation: Dynamic Pathways, Inc.

representatives
from:
Individuals who

receive specialized
services or family/
guardians
County boards or
providers.

Training Requirements for Human

Rights Committee Members
Department approved

training within 3
months of
appointment.

Annually receive

department approved
training.
Ex:
Self-advocacy and self-

Know Rights.
Person-centered

planning,.
Informed consent.
Confidentiality.
Requirements of rule.

determination.
Role of guardians.
Effect of trauma on
behavior.
Court ordered community
controls/roles of court and
rights committee

Citation: Dynamic Pathways, Inc.

Ohio Department of Developmental Disabilities Role

Take immediate action to protect health and

welfare when necessary.

Compile and analyze data - especially for
restrictive procedures.
Periodically select a sample for review.
Conduct reviews of county boards and
providers.

New Rules for

Guardians in Ohio
Effective June 1, 2015

Citation: Dynamic Pathways, Inc.

Pre-Appointment Training
Every guardian, existing

or newly appointed, must

attend a 6 hour course
on the fundamentals of
guardianship.
Both professionals and
lay guardians:
Appointed prior to 6/1/15

have 1 year to complete

this.
Appointed after 6/1/15
have 6 months.
Citation: Dynamic Pathways, Inc.

Continuing Education
All guardians must

complete 3 hours of
continuing education
before January 1st,
annually
Non-compliance could

result in the
guardianship being
removed
Citation: Dynamic Pathways, Inc.

Criminal Background
Checks
Courts must ensure

all guardians have a

criminal background
check.

Citation: Dynamic Pathways, Inc.

Annual Plan

In addition to regular

reports, guardians
must file an annual
guardianship plan
outlining:
Goals for meeting

wards personal
needs.
Goals for meeting
wards financial
needs.
Citation: Dynamic Pathways, Inc.

List of Responsibilities
Rule spells out the

guardians duties.
Includes Person
Centered Planning.
Focus on balancing
wards maximum
independence and
self reliance.

Citation: Dynamic Pathways, Inc.

Guardian of the Estate

Pays all debts owed by the ward.
Collects all money owed to the ward.
Settles and adjusts any assets received by

the ward.
Deposits all funds of the ward into an account
in the name of the guardian as fiduciary.
Invest any of the wards funds not needed for current
obligations.
File with the court an official inventory of the wards assets
and, on a regular basis, file accounts of how those assets
are being used.
Sell assets for the ward as necessary.
File or defend lawsuits on behalf of the ward if necessary to
protect his or herinterests.
Citation: Dynamic Pathways, Inc.

Guardian of the Person

A guardian of the person is appointed to make

personal decisions for the ward, such as

arrangements for food, clothing, living
arrangements, medical care, recreation and
education.
It can also include responsibility for a minor wards
education as required by law.
A guardian of the person also
serves as guardian of the wards
minor children, if no other
guardian has been appointed
for them.
Citation: Dynamic Pathways, Inc.

Just to clarify:
Guardian can decide who helps you shop.
Not what to purchase at the grocery store.
Guardian can decide who will transport you to the

movies.
Not what you watch.

Guardians can decide which telephone service

you have.
Not who you talk to on the phone.

Guardians can decide where you live.

Not how you arrange your furniture.
Citation: Dynamic Pathways, Inc.

Other responsibilities
Guardians must :
Meet with their wards
at least quarterly.
Communicate
privately.
Assess the wards
needs.
Document their
observations.
Citation: Dynamic Pathways, Inc.

Complaints
Courts must

establish a process
to receive complaints
made about the
guardians
performance

Citation: Dynamic Pathways, Inc.

Special Thank You!

Thank you, Dynamic Pathways Inc. and Jean Stunz, for

providing information & media for this Power Point and training
the DCBDD Human Rights Committee.
https://dynamicpathwaysinc.com/
Social Workers and advocates of people with disabilities within

Ohio.
Delaware County Board of Developmental Disabilities.
DCBDD Human Rights Committee.