AFN Intro and legal - Emergency Network Los Angeles

Report
PLANNING FOR INDIVIDUALS
WITH DISABILITIES AND
OTHER ACCESS AND
FUNCTIONAL NEEDS
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This presentation was created by Nusura, Inc. for the
Orange County Sheriff’s Division of Emergency
Management
Facilitator Introductions
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June Kailes
Andy Neiman
Participant Introductions
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Name
Title
Agency/organization
Role during an emergency
Any burning issues
Logistics
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Safety
Electronics
Breaks
Contact Info
Survey feedback
Agenda
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Defining Access and Functional Needs
Whole Community Planning
Legal Considerations
Defining Access and
Functional Needs
Defining Access and
Functional Needs
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The difference between the right word and almost
the right word is the difference between lightning
and a lightning bug.
 Mark
Twain
Past Definitions
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Previously, Emergency Management community used
the terms “special needs” and “special populations”
Population and diagnosis-based criteria was used
to identifying people who many need assistance:
 Older
people
 People with hearing or vision impairment
 Non-English speakers
Access and Functional Needs
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Identifies the functions that a person must perform
in order to maintain health and wellbeing before,
during, and after an emergency.
Functions differ from needs in that functions refer to
actions or tasks that an individual must take to have
their needs met.
Defining Access and Functional Needs,
continued
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A function-based approach considers an individual’s
vulnerability related to what they can do, not based
on a perceived vulnerability based on a diagnostic
category or population characteristic.
Avoids generalization and stigmatization of
population groups.
Defining Access and Functional Needs,
continued
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Recognizes that people may develop access and
functional needs as a result of a disaster.
Function-based approaches give emergency
managers clear and actionable information.
CMIST Updated
Emphasizes 5 modified functional areas for all-hazards
planning:
 Communication
 Maintaining Health
 Independence
 Support and Safety
 Transportation
Supporting Independence
Health
Transportation
Independence
Safety &
Support
Communications
Discussion
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What are some differences between a functionbased vs. population/diagnosis approach to
defining need?
What are some pros and cons to the function-based
approach?
How does the functions-based approach apply in
planning?
Whole Community Planning
Whole Community Planning
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“My experience tells me if we wait and plan for
people with disabilities after we write the basic
plan, we fail.”
 Craig
Fugate, FEMA Adminstrator
Nothing about us without us
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People with disabilities and other AFN know best
what they need.
Identify, reach out to, and engage with the whole
community, including individuals with disabilities
and others with access and functional needs and the
organizations the provide support or advocate on
their behalf.
Whole Community PlanningIdentify Partners
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Identify partners from the whole community
 Advocacy
and support organizations
 Individual disability advocates
 Community organizations
 Faith-based organizations
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Work toward diversity, depth, and breadth of
membership
Ask partners who else should be included
 You
don’t know what you don’t know
Whole Community PlanningReaching Out
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Reaching out is more than meeting invites
Ask potential partners how they’d like to be
involved and strategies for facilitating involvement
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Identify barriers to participation
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When having meetings, ensure that:
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 facilities
are accessible
 accommodation is available (materials in large print,
translation services, day care)
Whole Community PlanningEngagement
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Engagement is more than asking for partners to
review documents
Ask partners what role they want to have
Create two-way information exchanges
Share responsibility for the real work
Leverage the resources of the collective team
Ask partners to solicit input from their constituencies
Discussion
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How are you identifying, reaching out, and
engaging with the whole community?
What challenges have you had? How have you
overcome them?
What successes have you had?
Legal Considerations
Legal Considerations
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Emergency managers and planners have the
responsibility to ensure services and facilities are
accessible and compliant with relevant Federal,
State, and local laws and regulations.
Applicable Laws
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Americans with Disabilities Act of 1990
Stafford Act of 1988
Post Katrina Emergency Management Reform Act of
2006
Rehabilitation Act of 1973
Fair Housing Act Amendments of 1988
Architectural Barriers Act of 1968
Individuals with Disabilities Education Act of 1975
Telecommunications Act of 1996
Twenty-first Century Communications and Video
Accessibility Act of 2010
Non-discrimination Concepts for
Emergency Management Practice
1. Self-determination
 People
with disabilities are the most knowledgeable
about their own needs.
2. No “one-size-fits-all”
 People
with disabilities do not all have the same needs
or require the same assistance.
Non-discrimination Concepts, continued
3. Equal Opportunity
 People
with disabilities must have the same
opportunities to benefit from emergency programs,
services, and activities as people without disabilities.
4. Inclusion
 People
with disabilities have the right to participate in
and receive the benefits of emergency programs,
services, and activities provided by governments,
private businesses, and nonprofit organizations.
Non-discrimination Concepts, continued
5. Integration
 Emergency
programs, services, and activities typically
must be provided in an integrated setting.
6. Physical Access
 Emergency
programs, services, and activities must be
provided at locations that all people can access,
including people with disabilities.
Non-discrimination Concepts, continued
7. Equal Access
 People
with disabilities must be able to access and
benefit from emergency programs, services, and
activities equal to the general population.
8. Effective Communication
 People
with disabilities must be given information that is
comparable in content and detail to that given to the
general public. It must also be accessible,
understandable and timely.
Non-discrimination Concepts, continued
9. Program Modification
 People
with disabilities must have equal access to
emergency programs and services, which may entail
modifications to rules, policies, practices, and
procedures.
10. No Charge
 People
with disabilities may not be charged to cover
the costs of measures necessary to ensure equal access
and nondiscriminatory treatment.
ADA Compliance Litigation
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Project Civic Access
A
DOJ program which seeks to remove physical and
communications barriers that prevent people with
disabilities from participating fully in community life
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Has resulted in 207 settlements, including several a
number of disaster shelter-related settlements:
 Fairfax
County, Virginia
 Pearl River County, Mississippi
ADA Compliance Litigation
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In addition to Civic Access litigation, a number of
key disaster-related cases have impacted
emergency management planning, preparedness,
response, and recovery
 City
and County of Los Angeles
 New York, NY
Take Action
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Review your plans for gaps
Create an Action Plan
Break it down into smaller steps
Create timeline and deadlines for addressing gaps
Document and codify things you are already doing
Leverage existing resources and your whole
community partners
Collaborate
Seek grant funding and get support
Questions?
Discussion
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What AFN planning issues are you concerned with?
Share your thoughts!
Thank You!
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Please complete the course feedback form before
you leave

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