Ed's Newsletter - HIGHLAND PARK TRAGEDY - IAG vs. SPRINGFIELD - CHOATE PLEA BARGAIN

McMANUS CONSULTING

DISABILITY SERVICES

847.256.456, mcmanus006@gmail.com, Facebook, LinkedIn

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?Ed’s Newsletter

No. 239 – Aug. 8, 2022

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?WHEN WILL WE EVER LEARN? . . .

?We live in Wilmette, 15 minutes south of Highland Park, so Ellen and I were stunned when we learned that someone at the 4th of July parade there had shot and killed 7 people and wounded another 48 with a semi-automatic assault rifle.

?This is not Uvalde or Buffalo.?This is our neighborhood.?We drive up there often.?We have friends there.?We were actually thinking of taking Laura to the Evanston parade.?What if the guy picked Evanston??What if it was us?

?My friend Carole knew one of the victims—Jacki Sundheim, a member of the staff at North Shore Congregation Israel in Glencoe.?“Jacki was a wonderful person,” Carole told me.?“I loved her.”

?Another friend emailed me that morning, forwarding a message from State Rep. Jennifer Gong-Gershowitz of Glenview with a picture of a small boy who was wandering alone in the minutes after the shooting.?“If anyone recognizes this child, please DM me.”?Then we found out:?Both his father and his mother, Kevin and Irina McCarthy, had been killed.

?Police caught the alleged gunman, Robert Crimo, 21.?They say he sprayed more than 80 bullets onto the crowd from the roof of a pancake house.?His father had signed a consent form for him to buy the gun when he was 19.

?The U.S. House of Representatives voted July 29 to outlaw the sale of assault rifles, too late to save Jacki, Kevin, Irina and the others.?Now the bill goes to the Senate, where it will die because it might violate Robert Crimo’s so-called constitutional rights.?

?When will we ever learn?

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JURY ORDERS SPRINGFIELD TO PAY $293,000 TO IAG AND 3 PEOPLE THEY SERVE . . .

?Individual Advocacy Group and 3 individuals they serve have been awarded $293,000 in damages by a federal jury in a suit filed against the City of Springfield for trying to shut down a CILA.

?The city has an ordinance requiring group homes for people with disabilities to be at least 600 feet apart, and the IAG home is down the street from a home operated by Sparc.?But the Kennedy Hunt law firm and the U.S. Dept. of Justice charged that the ordinance violated the federal Fair Housing Act.

?“Finally, after all these years of struggle, fight, and the arrogance of Springfield – where they felt it was acceptable to discriminate – finally it was acknowledged by the court that their acts were just not acceptable,” said Charlene Bennett, CEO of IAG.

?Attorney Sarah Jane Hunt said the plaintiffs “fought for 6 years to get this case to trial despite the City’s numerous delay tactics and attempts to stonewall. The jury heard their testimony and validated what we’ve known all along: People with disabilities have a right to live in the community of their choice.”

?Alan Dennis was one of the three residents of the home, but he died in 2017.?His sister, Mary Valencia, said, “I feel like I can finally lay Alan to rest. This case is now part of his wonderful legacy, and I am very proud of the result.”

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ANOTHER CHOATE WORKER COPS A PLEA . . .

?Another worker at Choate Developmental Center, Matthew Wiseman, has made a deal with prosecutors.?He had been charged with 2 felonies, aggravated battery and obstructing justice, but he was allowed to plead guilty to simple battery, a misdemeanor, and get probation, and the other charges were dropped.?

?Out of 14 employees arrested at Choate in 2? years in connection with violence against residents, Wiseman is the 5th to cop a plea.?

?Wiseman had been accused of ganging up with 3 other workers in an attack on a person with disabilities, choking him with a shirt and hitting him repeatedly in the face.?He also was charged with lying to a State Police investigator.

?Six employees are awaiting trial; charges against 3 have been dropped.?The director of the center, Bryant Davis, is set to go on trial Sept. 13 for official misconduct for allegedly interfering in the investigation of the attacks.

?Lawyers for Bradley Cross have filed a motion to dismiss charges that he committed battery against a resident, and a hearing is set for Aug. 11.?Illinois law defines battery as “physical contact of an insulting and provoking nature”, and the lawyers contend, inexplicably, that Cross should go free because the non-verbal victim is incapable of saying whether he was insulted or provoked.?

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WAS ED REALLY A FRIEND OF CLYDE CHOATE? . . .

?. . . Well, not really a friend, but we had conversations almost every day in the 70s when Mr. Choate was the Democratic leader of the House and I was a reporter for the Chicago Tribune and Chicago Today.

?Clyde Choate was a state representative from Anna for 30 years.?He died in 1981, and they changed the name of Anna State Hospital to the Choate Mental Health and Developmental Center a few years later.

?I first met Rep. Choate in 1973 when he was the minority leader of the House.?The Democrats won control of the House in the 1974 election, and Choate, an ally of Chicago Mayor Richard J. Daley, was expected to be elected Speaker in January 1975, but Gov. Dan Walker and his supporters refused to back him, and he fell short of the votes he needed to be elected.

?Daley and Walker eventually came up with a compromise candidate, DuPage County Democrat Bill Redmond, but they weren’t able to line up enough votes for him either.?Finally, after 92 monotonous ballots conducted over 13 days, they were just 1 vote short, and then DuPage freshman Republican Lee Daniels broke ranks, and Redmond was elected.

?POSTSCRIPT: Lee Daniels went on to become the leader of the House Republicans, and he was the chief sponsor in 1989 of “House Bill 69”, which created the wonderful Home-Based Services program that we have to this day!

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IN OUR INBOX . . .

?A flood of letters on the argument that a non-verbal abuse victim can’t press charges . . .

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FROM ELLEN McMANUS, Wilmette parent: “When our daughter Laura was 3 months old, I took her to a pediatrician. His recommendation was to place her in an institution. You will not be able to find babysitters and your marriage may break up, he said.?I held Laura’s tiny hands and told him if there was any time in her life that she needed her parents, it was now.

?“When Ed told me about the Choate worker’s lawyer who has no ‘human respect’ for people like our dear daughter, I wept so deeply into my whole being. This could have been Laura!

?“Laura turned 46 in May. Over the years we fought our local school system for her to be integrated. It took a lawsuit but we won. Today she lives in her own condo with a roommate, with 24-hour care, and is well known in our community.?And we are so glad we didn’t listen to that doctor!”

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FROM ELLEN BRONFELD, Skokie parent: “You just can’t make this ---- up.”

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FROM SUZANNE LIGHT, exec director of ABRA CILA agency, Sheldon: “A baby can't verbalize either but if they are abused or injured, charges can still be pressed!??If we use this type of reasoning, then we might as well throw all OIG protocols out the window and say anything goes!?What has happened to putting the person first??”

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FROM AN ATTORNEY: “I agree with your disgust at the argument by Mr. Cross’ attorney.?There are many instances in law where ‘objective’ standards are substituted for, or even complement, ‘subjective’ ones.?Determining damages for ‘pain and suffering’ is a good example.?A jury may well hear testimony from an injured party, which would be considered to be ‘subjective’ (but also, in my mind, ‘objective’, as it comes from the person who experienced the pain and suffering).

?”But the jury certainly needs to measure such testimony against their own experiences.?And when the injured party has communication limitations, or is deceased, the jury can still award damages for pain and suffering even without any testimony from the injured party. Evidence of the nature and extent of pain and suffering could be offered, for example, from the injured party’s family and friends as well as from medical professionals.

?“There are so many parallels: A traumatic brain injury; a loss of memory due to an accident or a battery; a persistent vegetative state.”?

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FROM KEMBERLY DAILEY JOHNSON, former exec at Pioneer Center, now in Indiana: “Unfortunately, this happens frequently--not just at state-ops.?When the victim of a crime has a cognitive/developmental/intellectual delay, prosecutors will decline to prosecute the case because the person is not a ‘reliable’ witness and can be misled by the defense attorney to say something that the lawyer can use to exonerate his client.”

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FROM BONNIE DOHOGNE, Evanston parent: “Jeez.?This is a case - or should be - of ‘never again.’?You've had many outraged responses to your reporting about Choate.?What about a movement to close it?”

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FROM BILL DOLNICK, Chicago: “Astounding, outrageous, insulting, and provoking!?Thanks for the continued reportage.”

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FROM ERIN DROZD, QIDP: “As if this story couldn't get worse. Thank you for sharing.”

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FROM RENDA RABE, former manager at Washington County Vocational Workshop: “Or ‘could have provoked’.?Read Rule 50.?The wording is there to protect the clients who are lower functioning.”

?(Rule 50 of the IL Administrative Code pertains to Inspector General investigations of abuse/neglect.?It defines “insulting or provoking" as “contact that offends a reasonable sense of personal dignity.”)

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FROM DONNA HALL, Mattoon: “Unbelievable.?14 Choate employees arrested--that we know of.?I’m sure there are more.?Those employees are aware the residents can’t report the abuse due to their disabilities.?Every center needs cameras and spies.”

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FROM JESSICA HANCOCK, QIDP: “We are the advocates for those who are unable to communicate such things.?Ridiculous!”

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FROM SHERRY ALTER HEALEY, disability consultant at Community Access Naperville: “Thank you for keeping this in the spotlight for those who cannot speak for themselves.”

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FROM JENNIFER DAUGHERTY: “This is horrible.”

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FROM TERA WENNER, Rockford BCBA: “Ridiculous.?Unfortunately, it seems common that people with disabilities are frequently denied justice because they make poor witnesses or can't testify at all.”

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FROM HOWARD REICHENEKER, former exec at Countryside Assn.: “Disgusting.”?

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COMMENTS . . .

?Send me your opinions, tips, suggestions, criticisms, or responses to articles.?I like feedback.

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PEOPLE . . .

?SHEILA LULLO, Clearbrook’s Executive Vice President of Program Services, retired June 30 after 40 years of service.?Sheila began her career at Ray Graham Assn. in the 70s, and John Voit tells us he hired her there to open the first children’s group home in Illinois with her husband Jerry.?“Wonderful career for Sheila and fond treasured memories for me,” says John.??Sheila joined Clearbrook in 1979 as a Licensed Social Worker and helped establish Clearbrook’s first group home in 1980.?She was my key contact in the 90s when I was running the Home-Based program and she and Susan Kaufman were the top assistants to CEO Carl LaMell.

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SAM TENUTO retired July 20 as co-CEO at Pioneer Center in McHenry.?Before joining Pioneer 9 years ago, Sam was the longtime manager of the CILA program at Clearbrook.?I got to know him well in the 2000s, particularly when he presented cases to our North Suburban CART (Clinical and Administrative Review Team).?Frank Samuel will continue as Pioneer’s CEO.

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KATHERINE HAMANN, Director of the Family Transition Project at The Arc, retired June 30.?She was at The Arc for 12 years and before that was on the staff at Howe Developmental Center.?The new director of the project is GREG WALKINGTON.?Greg worked 3 years as Operations Support Manager at Keystone Alliance and 17 years at Search, Inc., serving as Associate Director of Operations and manager of the residential division.

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BARBARA ZAWACKI, chief operating officer at Easterseals, is retiring after 32 years.

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DENISE RAU has been hired as the new Associate Executive Director of Park Lawn. Previously Denise worked at Garden Center Services as the Director of Behavioral, Day, and Employment Services.

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ALEXANDRA BAIG has accepted the position of Executive Director at National Louis University's PACE program.?She will continue to provide benefits and life-planning consulting on a limited basis.?PACE provides a college experience program for youth with intellectual and developmental disabilities.?

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SARAH WIEMEYER has been hired as Clinical Director at Thrive Counseling Center in Oak Park.?Sarah previously was Assistant Executive Director at Sertoma and Director of Clinical Services at Helping Hand Center.

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Access Living's Arts & Culture Project Coordinator, SANDIE YI, has been awarded a 2022 Ford Foundation Disability Futures Fellowship. She was one of 20 creative professionals with disabilities to receive this recognition. Sandie is also the program director of the Disability Culture Activism Lab with the School of the Art Institute of Chicago.

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JOAN SNYDER-BUDZ has been hired as the full-time Regional Director of Downtown Programs and Operations at Ronald McDonald House Charities of Chicagoland & Northwest Indiana.?Joan formerly was Associate Director at Trinity Services.

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COMING UP . . .

?SEPT. 1:?The Arc’s Family to Family Health Information Center and Family Voices of Illinois will hold a Health Care Coverage Options Conference virtually from 9am to 3pm.?https://www.thearcofil.org/


OCT. 11: Webinar on Virtual Support Groups sponsored by The Arc, noon to 1.?Latinas United in Love for Autism (LULAS), Illinois Parents of Adults with DD Unite (IPADD Unite), and DSCC/MFTD Waiver Families will discuss how they share information and support one another via social media. https://www.thearcofil.org/

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NOV. 3-4: The Annual Illinois Statewide Transition Conference will be held at the Embassy Suites East Peoria Hotel and virtually. Register before October 7 at https://www.illinoistransitionconference.org/

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OTHER STUFF . . .

PUNS: PUNS letters went out in the mail July 12.?Early Notification Letters were sent out last December, notifying people that if funding was approved by the legislature in the Spring, DHS would be sending them a second letter of invitation in the Summer to apply for the Medicaid Waiver (CILA and the Home-Based program).?And the legislature did approve it, so the letters have now gone out.?

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CUBS: The U.S. Attorney in Chicago has filed a lawsuit alleging the Chicago Cubs have violated the ADA by failing to make Wrigley Field “appropriately accessible” to fans who use wheelchairs or have other disabilities.

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OPTIONS: The ISCs have begun contacting all individuals who reside in ICFDDs and SODCs to ensure they are aware of all options for their support needs, including the CILA program.?See: https://www.dhs.state.il.us/page.aspx?item=144217

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THE CONSULTING PRACTICE . . .

We are very late in reporting this, but one of our affiliates, Chamberlin Law Group, has added Sara Riechert as a partner and changed the firm’s name to Chamberlin Riechert Law Group.?Sara joined Darcy Chamberlin’s firm in Oak Brook in 2018.?The firm handles estate planning, special needs trusts, guardianship, probate and trust administration, elder law, and veterans’ benefits.?Congratulations, Sara!

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McManus Consulting was founded in 2011 by Ed McManus.?Ed worked for the IL Div. of Developmental Disabilities for 18 years, as facilitator of the North Suburban Network and state coordinator of the Home-Based Services program.?Before that he was a Chicago Tribune editor/reporter and an assistant state’s attorney in Cook County.?The practice has consultation contracts with the organizations listed below and consults pro bono with families by phone.

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Ed's Newsletter is published approximately once a month, made possible by the support of the following affiliates who are on retainer: A New Age Human Services, A+ Autism Solutions, Abequa Home Care, Access Living, Active Visions, Ada S. McKinley, Arts of Life, Aspire, At Home Mission, Autism Care Therapy, Avenues to Independence, CCAR Industries, Center for Enriched Living, Center for Independent Futures, Champaign County DD Board, Clearbrook, Community Link, Douglas Center, Encompass/Jewish United Fund, Friendship House, Garden Center, Gateway Services, Gateway to Learning, Glenkirk, Good Shepherd Manor, Helping Hand, Individual Advocacy Group, KCCDD/Knox County, Land of Lincoln Goodwill Industries, Lambs Farm, LARC/Lansing, Leeda, Little City, McHenry County MH Board, Malcolm Eaton Enterprises, Misericordia, Mulford Homes/Diane Home Care, Oak-Leyden Developmental Services, Ohana Community Services, Opportunity Knocks, Orchard Village, Pioneer Center, Progressive Careers & Housing, Ray Grahan Assn., Rimland, Riverside, Royal Living Center, St. Coletta WI, Sheltered Village, Trinity, UCP Seguin, Warren Achievement, The Workshop/Galena.?

Independent Service Coordinators: Central IL Service Access, Community Alternatives Unlimited, Southern IL Case Coordination Services.?

Disability-related law firms: Cahill & Associates, Chamberlin Riechert Law Group, Clancy & Associates, Matt Cohen & Associates, Monahan Law Group, Rubin Law.?

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