Guam Advocates N E W S L E T T E R

Vol. 1, Issue 2 September 2011

An official newsletter of the Guam Legal Services Corporation - Disability Law Center

Guam Disability Heath Conference, titled “Understanding Health Care for Patients with Disabilities” was held on Saturday, September 24 at the Guam Marriott, over 200 attendees participated in this event sponsored by the Guam Medical Association (GMA) and Guam

Developmental Disabilities Council (GDDC) in collaboration with the Guam Tri-Agency on Developmental Disabilities partners – Guam Legal Services Corporation Disability Law Center (GLSC-DLC), and the University of Guam Center

See Health Care. page 6

Understanding Health Care for Patients with Disabilities by: Carol Cabiles

“GLSC-DLC will provide legal assistance, advocate, and promote equal rights and equal access to justice for the underserved communities of Guam” -GLSC_DLC Mission Statement

Individuals with disabilities, their families and service providers listen to GLSC-DLC Executive Director, Harold Parker present on the topic of Power of Attorneys and Legal Guardianships.

Ever wanted to learn about your legal issues and Guam laws?

Then visit us at: www.lawhelp.org/gu

You will find articles, guides, community information and more. Are you more interested on filing your own petition for guardianship or uncontested divorce? Then you may want to check out our online interactive interviews that will ask you some simple questions and draft the documents needed in legal format ready for printing or download.

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Annual Protection & Advocacy (P&A) Public Input Session By: Carol Cabiles

As part of our continuing effort to address the issues and service needs of individuals with disabilities, GLSC-DLC held the annual P&A Public Input

Session on Saturday, September 17. Over 75 individual with disabilities, family members and service providers attended the session at the Guam Reef Hotel. GLSC-DLC proposed goals and priorities for fiscal year 2012 were discussed and verbal input was received from participants knowledgeable about our work and about the needs of the individuals with disabilities on Guam.

GLSC-DLC Executive Director, Harold Parker receives verbal input from participants attending the P&A Public Input session on September 17th at the Guam Reef Hotel.

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Meet our Staff

Harold Parker Executive Director

Sheila Cruz Administrative

Director

Renita Taimanao Staff Attorney

Alisha Molyneux Staff Attorney

Matthew Wolff Staff Attorney

Carol Cabiles Program

Coordinator

Leticia Piper Program

Coordinator

Nora Cadag Advocate

Clyde Ulbenario MIS Advocate

Eileen Jao Dador Advocate

Jennifer Vicente Advocate

Leslie Gatan Advocate

Teo Gogo Legal Secretary

Vera Cruz Legal Secretary

Christine Visosky Accountant

Christine

Camacho Receptionist

John Cruz File Clerk

Program Coordinators & AdvocatesProgram Coordinators & Advocates

Administration and AttorneysAdministration and Attorneys

Michelle Nicole

Cruz Advocate

Support StaffSupport Staff

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Teen Dating Violence - Warning Signs By: Jennifer Vicente

Violence is becoming a more common issue in relationships today. Not only

is it common amongst adults, but it is becoming more prevalent in teens. These violent and unacceptable behaviors can either be physical, verbal, and/or emotional. The intentions of the behavior may be overlooked at the beginning. But more often if the behavior is occurring, it is ignored or denied. According to the Center for Disease Control (CDC), dating violence is a serious problem in the United States and many teens do not report it, because they are afraid to tell their friends or family (Centers for disease control and prevention, 2010). With the beginning of a new school year, teens and parents need to be aware of the issues and take part in preventing the unacceptable behaviors that occur in relationships. Communicate with one another and assure each other that getting help is important. No one should ever be afraid to ask for help. If you are not doing yourself a favor, do others the favor and encourage healthy decision-making in relationship. No one should ever have to go through a relationship fearful of what his or her partner is capable of doing. What to look out for:

If you or someone you know maybe in a violent relationship, get help! Talk to someone you can trust (family member, friends, teacher, counselor, or help lines) let them know the situation before it’s too late.

Signs you’re in a violent relationship

Signs someone you know may be in a violent relationship

Your partner…

hits, slaps, pinches, kicks, or uses any kind of force resulting in any bruises or injuries

curses, name-calling, humiliates you in front of other people

controls and makes decisions for you, whether you approve or not

threatens to harm others or themselves

threatens to destroy belongings controlling is aggressive and often has

mood changes resulting in his/her anger directed towards you

notice frequent bruising or injuries change in behavior has to ask partner for approval/

permission withdraws from company (friends,

family, co-workers) making excuse for their partner’s

behavior changes in routine, schedule (tardiness,

absence)

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As our island school children head back to school, many parents and families are faced with issues regarding enrollment requirements of Guam Department of Education (GDOE) for children, including the need for legal guardianship in order to enroll. Specifically, children who are under

the care of an adult, other than their parents, are required to be under guardianship of that adult in order for (GDOE) to enroll that child in that adult’s school district. Guam Legal Services Corporation-Disability Law Center (GLSC-DLC) is able to assist with legal guardianships over minors for parents, family members, and individuals authorized to care for children who are not in the care of a parent. In general, if a guardianship is needed, plan to submit an application at least 6 months in advance. Another tip to consider is if you plan to register your child at another school, please inquire with the receiving school if a guardianship is needed. This is important if you intend to have your child live with a relative who may not be living in your designated school district. Upon submission of your application to GLSC-DLC for services, you will be required to submit the following documents on the day of your intake appointment: birth certificate(s) of the minor child/ren, proof of household income, and information on the proposed guardian(s) as well as the biological parents of the child/ren.

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Legal Guardianship Over a Minor By: Nora Cadag

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for Excellence in Developmental Disabilities Education, Research, & Services – Guam System for Assistive Technology (UOG CEDDERS GSAT). The conference gave participants an opportunity to learn about various emotional and intellectual disorders, American Sign Language (ASL), physical therapy for patients, Powers of Attorney and Guardianships, and accessibility in medical offices and clinics.

Health Care (Continued from page 1)

Upon review of GDOE’s Student Procedural Assistance Manual (SPAM) and under the Registration Procedures and Documents section, enrollment requirements are set forth for three (3) specific situations:

1. For children whose parents/guardians are on-island 2. For children whose parents/guardians are off-island 3. Registration by adults who are not guardians

We, at GLSC-DLC, recommend that parents, guardians, and individuals authorized to care for children familiarize themselves with GDOE’s policies and procedures regarding its registration procedures by visiting their respective school(s) prior to withdrawing the child and when seeking to give guardianship over a minor. For more information regarding enrollment requirements, please visit GDOE’s website at https://sites.google.com/a/gdoe.net/gdoe/. *[SPAM - #2011-001.pdf]. For more information about our services contact GLSC-DLC @ 477-9811/2 or visit our website @ http://www.lawhelp.org/GU/.

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Effective Advocacy Tips for Individualized Education Program (IEP) Meetings By: Leslie Gatan

“Marketing and selling the way you present things can turn things around”-Peter Wright, Esq. As the first few weeks of school had past, meetings have probably been scheduled for your child’s IEP. To prepare for these meetings, here are some effective advocacy tips for parent advocates.

Know your rights! Be familiar with the law as you can use them to your advantage when deciding and promoting what is appropriate for your child’s success in their education. When making requests or inquiries to what your child is entitled to, you can reference the Individuals with Disabilities Educational Act (IDEA) of 2004. The information in IDEA will help you find answers to your questions regarding laws, regulations and provide you guidance to justify your requests.

Try your best to have a “Mrs. Manners and Mr. Right” demeanor. How you present an issue or concern to the team and how you mark it is what makes or breaks your possibility of cooperation. Having a frustrating experience with your IEP team can get the best of us, but try your best to balance the good natured “Mrs. Manners” with the aggressiveness of “Mr. Right”. To get a point across, be cordial but to the point, and well prepared with legal reference or ‘hard evidence’ to back up your request. As difficult as it may be, try not to speak with anger. Promote Teamwork, do not build a wall. Using your parent rights as a reference would be key. One example is determining when and where an IEP meeting is scheduled. The IEP meeting location, date and time should be mutually agreed upon by the school and the parent. Parents also have a right to call an IEP meeting at an earlier date if they feel that a specific issue needs to be addressed. Another example is if the school does not agree with your recommendations, you as a parent must be given prior written notice. If this does not

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happen, you can request for mediation and/or due process hearing.

Request supporting IEP documents before the scheduled meeting. Teachers Reports and Evaluations should be readily available to you at least a week before a scheduled meeting. Request for these documents to give yourself time to process all of what the team is planning for your child. Note down questions and get your references ready.

Get actively involved during the IEP Meeting Take Notes, ask Questions, and make suggestions. Remember that you are an essential part of the team and that you are the person who knows your child best.

Goals and Objectives are S.M.A.R.T. Specific: Goals should not be broad. They should be concise and descriptive.

Measurable: Goals are measured by the objectives. Objectives should have a solid

description on how they will be assessed.

Action words: Action words should be incorporated into the objectives. How will the

child execute these objectives?

Realistic: Goals and objectives should be tailored to what the child is able to do. They

should be challenging, but realistic enough for the child to achieve.

Time Specific: IEP Goals and objectives should specify a time period they will be

conducted. (ex. Child will be tested every week for spelling).

Remember the Rules of Negotiating: 1) Know what you want but always keep in mind what your child needs. 2) Understand the position of the other side. 3) Have two interests: a. Solve the problem b. Protect the Parent-School Relationship 4) Keep emotions under control as much as possible. Emotions usually have a negative impact on creative problem solving. 5) Seek Win-Win Solutions

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When you negotiate, you put yourself in the shoes of those people on the other side. Ask the 5 W’s + H+E: Who, What, When, Where, Why, How…and Explain.

4 Rules of Conduct: 1) Listen more than you talk; 2) Tell your story; 3) Ask Questions (5ws + H+E); 4) Always treat the other side with respect.

If you do not agree with it, do not Sign it! Request a copy of the original (drafted) document at the day of the actual meeting. You can request that you sign the FINAL Document once it’s ready. (This is so that you can assure that everything that was discussed in the meeting is accurately documented.)

Post-Meeting Suggestions Record impressions of the meeting and review your notes. Send ‘thank you’ notes to the school administrator, Certified Resource Teacher (CRT) or Individualized Education Program Coordinator (IEPC) and all the IEP team members. The ‘Thank you note’ should have a recap of what was discussed and agreed upon, requests for any unresolved issues, information/reference that supports your request and if issues are unresolved, request another meeting. (ex. “Thank you for your efforts for trying to fix (issue). I look forward to see what progress you have made in the next few days.”) At GLSC-DLC, our Protection and Advocacy for Individuals with Developmental Disabilities (PADD) program provides advocacy, technical assistance and services in assisting students with disabilities with Special Education issues. For more resources, please visit our website: www.lawhelp.org/GU, or call our office at 477-9811. These tips were compiled and summarized from a training provided by Wrightslaw founders Peter Wright, Esq. and Pam Wright, titled, “Special Education Law and Advocacy Boot Camp” (November 2009) in Long Island, NY. For more information, visit www.wrightslaw.com.

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Assistive Technology in Education By: Michelle Nicole Cruz

According to the United States Department of Education website, Assistive Technology (AT) is “any item, piece of equipment, or product system … that is used to increase, maintain, or improve functional capabilities” of an individual with a disability. Those items can be “low-tech” like pencil grips, highlighters, or hand-held magnifiers, or “high-tech” like computer software, Braille Readers, or power wheelchairs/scooters. The Individuals with Disabilities Education Act (IDEA) is a law that ensures eligible children with disabilities receive appropriate early intervention, special education, and related services – including AT!! When a child is deemed eligible for Special Education services, their educational team – including PARENTS or GUARDIANS – will create an Individualized Education Plan (IEP). The team MUST consider “whether the child requires assistive technology devices and services” (Guam Department of Education Special Education Handbook, SY 2006-2007). Guam DOE has an AT Program that can conduct an evaluation

on your child to see if they could benefit from AT. They can also make sure you, your child, and any individual working with your child at school is trained in the type of AT that best suits their needs. Be sure to ask your school if an AT evaluation has been conducted on your child recently – if not, make sure you request one. These devices can range from “low” to “high tech.” Some AT devices include: handheld magnifiers, large print text, using paper and pen to communicate, canes/walkers, color coding, pen/pencil grips, electronic organizers, amplifiers, audio books, alternate keyboards, power wheelchairs/scooters, Braille Readers, digital hearing aids, computer software, communication devices, Apps, digital books, and much, much more! Check out www.cttechact.com for more information on these devices. At GLSC-DLC, our PAAT (Protection and Advocacy for Assistive Technology) Program provides advocacy, technical assistance, and legal services to individuals with disabilities who require technology-related assistance. To learn more about AT contact me, Michelle Cruz, PAAT Advocate at 477-9811 or visit our website at www.lawhelp.org/GU

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New PAIMI Advisory Council (PAC) Members for Fiscal Year (FY) 2012 By Eileen Jao Dador

For FY 2012, the PAC nominated and voted in seven individuals to fill the positions of council members. Voting took place July 15-22, 2011. We are pleased to welcome the following individuals as our new Protection & Advocacy for Individuals with Mental Illness (PAIMI) Advisory Council members for the FY 2012:

Esther “Gina” Arca Hikie Lazaga

Rose Babauta Hyenan Hwang

Mary-Therese Edgerle Dr. Edward Santos Marcelene Santos

GLSC-DLC is looking forward to working with its Advisory Council and mental health communities, agencies, and organizations of those that will serve the PAC as council members.

Pictured above, is Ms. Paulina Torres, who has completed her term in the PAC. Not shown are Chairperson Jackie Martinez, Vincent Chase, and Attorney Suzanne

Horrigan, who have also completed their 4-year term as PAC members.

PAIMI Advisory Council Highlights By Eileen Jao Dador

GLSC-DLC is pleased to announce that Lourdes Toves and Paulina Torres will be attending the 2011 Alternatives Annual Conference that will be held on October 26-30, 2011 at the Caribe Royale All-Suite Hotel & Convention Center in Orlando, Florida. The event is the national mental health conference organized by and for mental health consumers/survivors. This year’s conference theme is Coming Home: Creating Our Own Communities of Wellness & Recovery, reflecting the desire for

community by individuals with psychiatric histories, who have been deprived and not accepted by a society that discriminates against them. This marks the 4th year that GLSC-DLC sponsors members of the PAC to attend the Alternatives Conference. For inquiries regarding the PAIMI Advisory Council or for information on becoming an Advisory Council member, please contact PAIMI Advocate Eileen Jao Dador at 671-922-4571/2 or email at eileen.dador@guamlsc.org.

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