“My Two Cents” – August 2018

Tim Doherty, Executive Director

“What goes around, comes around.” 

“What once was old is now new.”       

I am sure we have all heard theses phrases before, so you won’t be surprised when I tell you that I am referring to issues revolving around Affordable Housing in New Jersey.

Yesterday I attended an open hearing of the Assembly Committee Housing.  The committee members were called together by chairman Benjie Wimberly (D. Passaic) to discuss the state of affordable housing and the complaints of several Towns about the burden that affordable housing will place on their towns.  This is the result of COAH not passing third round rules back in 2015, so the Towns have had to go to the Courts to resolve these issues.  Most have settled with Fair Share Housing and have had their affordable housing plans approved by the Courts, however with numbers that they still don’t like.  And so, a call for a return of COAH to administer these plans and settle these issues.

That would be all well and good, if COAH had been allowed to work as it originally was set up.  In the early days, the COAH board was a bi-partisan Board and would work with towns to discuss their affordable housing issues and ultimately arrive at a settlement.  However, the towns still railed against having to do their housing obligations, so then governor Christi’ sought to marginalize COAH to the point that it was no longer able to function.  Ultimately, The Supreme Court ruled that until COAH is reconstituted, Towns would have to have their housing plans certified by the courts.  So that is where we are today.

Settling through the Courts was always an option, however today it is the place of last resort, so that Towns now must finally settle, establish their plans and then help to get the construction done.  This is what they don’t like.  At yesterday’s hearing, I heard a lot of statements from the members of the committee, as well as from the mayors of many towns, of how they support affordable housing      however they are worried that they don’t have sufficient infrastructure within their towns, to manage this new growth.  They fear overbuilding of the town, overcrowding in their schools, and higher taxes.  All this really without having any new construction being built yet. 

So, this clearly is still a very big issue for towns in New Jersey.  We are yet to hear about the new Governor’s position on Affordable Housing.  Will the Governor re-institute COAH or a like body that will take up these issues and remove them from the courts.  Or will he allow the process to run its course, through the judicial system, ultimately having judges making the decisions as a Town’s      affordable housing plans.

My experience has been that even when COAH was an active body, some towns would still delay, and throw up barriers as to why they couldn’t comply with the law.  However, with the issues in the hands of the courts, Towns have been forced to settle and move on.  My recommendation would be to stay the course, allow the Courts to do their job, and settle these issues.  No longer are towns     allowed to get away with delay after delay, hoping for some governor or new legislature to change the law.  Given some time, we will begin to see new housing develop that will ease the burden of those who need it.  Finding decent and affordable housing should be something that we should all support.

Project Freedom Tenants RevUp the Vote

Nearly 20 tenants from Project Freedom’s Mercer County housing complexes attended the RevUpNJ’s kickoff rally during National Disability Registration Week. 

RevUp is a national nonpartisan effort by the American Association of People with Disabilities (AAPD).  RevUp-NJ is organized by the Alliance Center for Independence (ACI) based in Edison, and it is sponsored by the NJ Council on Developmental Disabilities.

 The rally featured information tables and speeches by disability leaders and candidates running in this year’s congressional elections.

Tenants interacted with both during the event.

Trustees Honored for Long Service

Dave Workman (left) is presented with an award for his long service by Board Chair Herb Schneider.

As a not-for-profit organization, Project Freedom is governed by a 21-member Board of Trustees.  Recently two dedicated members of the Board stepped down after long service to Project Freedom’s mission.

Dave Workman served as chair of the Finance and Golf Committees and served on numerous other committees as needed.  Under Dave’s leadership, the annual Golf Outing turn into a major success in rising funds.

Doug Heppe shared his expertise in housing development as he served on the Facilities Committee helping to bring new complexes  through the various stages of development.

Doug Heppe (right) accepts an award for his service as a Trustee from Herb Schneider, Board Chair

My Two Cents – July 2018

Well it’s that time of year again, when the Governor and the State Legislature argue over the State Budget, which must be passed by June 30.  If not, then the government is supposed to shut down.

Tim Doherty, Executive Director

Now the Governor has said that he doesn’t want to pass a budget that doesn’t have a realistic forecast that shows that the revenue to support the budget will indeed come in.  He acknowledges that other governors have played games with the budget, often presenting very optimistic forecasts as to the amount of revenue that the State would generate, only to fall very short of that forecast,  thereby having a severe shortfall at the end of the year.   This is why he advocates for higher taxes which only further burden the citizens of New Jersey– A state that is the sixth most expensive state in which to live.

The opposition both from the Democrats and Republicans are urging some combination of tax cuts also with some tax increases.  The problem is that the Governor has laid out such ambitious goals and has promised increased spending almost across the board, that there doesn’t seem to be any amount of money sufficient to pay for his new programs.

Along with this scenario, is the fact that the Governor wants to confiscate the money which is still in the municipal housing trust fund accounts, to help balance his State budget.  These funds were raised as fees paid by for profit developers when they build commercial and market rate housing.  They cannot be used for anything else but affordable housing, however, in the past governors have taken similar monies from dedicated fund accounts.  Witness the gasoline tax, which was only    supposed to fund repairs to our roadways, but has often found itself being put into the general fund to balance the budget.  As a result, this past year, that tax was raised.

Furthermore, as a result of the Supreme Court’s ruling with regard to COAH and the municipality’s affordable housing obligations, municipalities need those funds more than ever now, in order to fund their required housing needs.  Without these funds, towns could legitimately tell the court that they are unable to comply because the State has confiscated their housing trust funds.  These funds   survived the several attempts of the Christi Administration to scarf them up, so it would be a shame for the new Democratic governor to now arbitrarily do that now.

So, a call to action is needed.  Call you State lawmakers and tell them that you don’t want those funds put into the General Budget but to be used for what they were intended—and that is creating more affordable housing.

 

From Norman’s Desk – July 2018

Norman A. Smith, Associate Executive Director

Our nation celebrates its Declaration of Independence from Great Britain on July 4th.  We celebrate the idea that this nation wanted to be free from rules, regulations, and laws created without input from the Colonies. 

We also celebrate the concept that each person has equality in the eyes of the law.  Although many are still tramping upon this basic concept today, its promise has survived thanks to the sacrifice, blood, sweat, and tears of many. 

As we celebrate Independence Day, we need to remember what we are celebrating and why.  We need to remember the sacrifices of those who have died for the concepts of independence, liberty, and freedom.  We must also remember that the fight is not over for people with disabilities, and, indeed, remember that the fight is only beginning for many of us. 

The promise has been slow in coming for people with disabilities, and for many of us, equality is still not here, is still a concept enjoyed by others, and is a promise that still needs to be kept.

The promise is a lofty one, yet for some people with disabilities the promise translates into more practical considerations: the freedom to make choices in their daily lives, to be responsible for their lives, and to be a contributing part of their community. 

Freedom and independence are grand sounding words, but for some they mean the right to do simple tasks. 

Freedom and independence are empty and hollow words when elected officials ignore our needs and discount our vote.

Expecting the promise of freedom to be kept without struggle and sacrifice is foolhardy.  Again, our history teaches that participatory governance over oneself or one’s country means stepping up to participate and sacrifice.  Individuals must take up the cause of freedom, work together, and battle for the promise to be kept.  This is true now for people with disabilities. 

So, while we celebrate what happened 242 years ago, let us remember for many of us with disabilities the struggle for freedom continues!    Join me on July 16 to “RevUp the vote by people with disabilities at our rally at the NJ State House.  Get more information by clicking Here

Lawrence Tenant Dashes Home with Gold

Project Freedom at Lawrence tenant Rebecca “Becky” Scheick earned three medals last month at the Special Olympics.
 
Becky  brought home a Gold and two Silver medals. 
 
Becky crushed it in the Softball Throw earning herself the Gold medal!
 
Her silver medals were for the 4 x 100  Meter Team Relay and the 100 Meter Dash. 
 
Project Freedom is very proud of Becky and all those Project Freedom tenants, consumers, and members who participated in Special Olympics.

Freedom Village at Toms River Hosts Prom Gown Event

April brings the beginning of warmth, some booming flowers, and thoughts of what to wear to high school proms. This can be an anxious time for some young ladies, but an event held at Freedom Village at Toms River may have relieved some this anxiety for some.

Around 30 young ladies from neighboring towns came to browse, try on, and leave with any gown of their choice for free, thanks to the efforts of Maria Paradiso-Testa.

“All gowns were donated,” said Paradiso-Testa, who is a professor of Education at both Monmouth University and Georgian Court University, a community activist, and a minister/chaplain.

“I have been a community advocate for many years,” said Paradiso-Testa, “ volunteering wherever the needs of the people are. My daughters always help and support all projects; they both suggested that their gowns be donated to students for their prom.”

From there, this idea grew to an event. .

“As we discussed this further, we decided to ask around,” Paradiso-Testa continued, “ and in less than two weeks, over 100 gowns were donated. There are a lot of good people with big hearts who are willing to help others, and we all work together!”

Park Avenue South Boutique, of Toms River, was a major supporter, donating more than 25 brand new gowns.

 

“Shoes, purses, and jewelry were also donated,” she continued. “Most came from individual people, word of mouth, social media advertising, and personal requests.” 

The Flower Bar of Brick offered free floral bouquets, and a Toms River hair salon offered a discount coupon for services.

Then the event needed a venue. Last year Paradiso-Testa sponsored a Women’s Seminar. “One of the women working with me suggested Freedom Village Community Center because she lived there. We hosted the seminar, and all the people who came loved the center.”

For the prom-gown event “the Freedom Village Community Center location provided a safe, pleasant, and beautiful environment for the girls to come with their friends, parents, and grandparents to have the shopping experience, that was definitely priceless,” added Paradiso-Testa.

Project Freedom’s Toms River management team, Laurie Solymosi and Joyce Cocco, were present throughout the day with Cocco volunteering many hours to the event.

“Special thanks to Joyce Cocco, who assisted from the beginning through to the very end,” offered Paradiso-Testa. “Joyce offered her assistance, provided multiple gowns through sharing her resources, and was a tremendous help the day of the event.”

The young ladies who participated came from area and schools including Toms River, Lakewood, Jackson, Brick, Manchester, Mates, Performing Arts Academy, Bishop Ahr High School, and multiple middle schools. Girls from Freedom Village also participated.

“If it wasn’t for the opportunity provided through Freedom Village at Toms River, this unique experience would not have been such a great success,” said Paradiso-Testa. “The smiles on the girls faces made everything complete.”

From Norman’s Desk – June 2018

Norman A. Smith, Associate Executive Director

For most of my life and well into adulthood, June represented the end of school and the beginning of the Summer season.  Even after leaving college too many years ago, June felt like the end of a period of intense work.

More recently, as my readers are keenly aware, June became my month to remind everyone to be prepared for Hurricane Season, which “officially” begins June 1. 

Much more recently, June has been the month to write about being a father.  I have only celebrated Fathers’ Day nine times as a father before this year.  Celebrating the day as a father is far different than celebrating as a son with my father.  For one thing, a son is trying to show his Dad his love and appreciation that he feels for him while the Dad wants to show his son (or daughter) the wonderment and pride of being Dad.  Being Dad to any child is wonderful and awesome.  Father’s Day is the icing on the proverbial cake.

Fatherhood and Motherhood can be daunting and pleasurable at the same time.  Every parent knows this mixture of feelings.  I think, however, those of us with obvious disabilities also feel an additional mixture of emotions.  Indeed, there is pride of your child and pride of being a parent when others think you should not or cannot be a parent. 

There is also the apprehension of being judged by others because you have a child and a disability.  Your capabilities and skills as a parent are constantly being scrutinized to see if, indeed, you can take care of your child.  This scrutiny is always in the back of your mind as you try to let your child experience what other children experience.

The article below by Robyn Powell, an attorney and a nationally recognized advocate fr people with disabilities, describes some of the fears and harassment that parents with disabilities face throughout the nation.  The parents profiled in Robyn’s in depth piece are themselve “frontline” disability advocates who have the fortitude to fight for their children, and this makes me frightened for the parents with disabilities who have not yet learned these skills. How many have lost their children because the “system” can be overwhelming? 

This is the unfortunate price we pay by being parents with disabilities.  Before President Obama left office, the White House sponsored a conference on parenting with disabilities because more people with disabilities are paying that price nationally.  The price can be minimal for some, higher for others, but well worth it to hear your son say “Happy Fathers’ Day, Dad!”

Follow me on Twitter @normansmith02

 

 


PARENTS WITH DISABILITIES FACE AN UPHILL BATTLE TO KEEP THEIR CHILDREN

by ROBYN POWELL  –  Pacific Standard  —  January 3, 2018

Nearly one in 10 children in the United States are at risk of being removed from their home by a child welfare agency simply because their parent has a disability.

In October, a lawsuit was filed on behalf of five parents with disabilities who had their children removed by New York’s Administration for Children’s Services, alleging widespread discrimination. What happened to these families is not unique or uncommon; rather, their tragic experiences are part of a national phenomenon: Parents with disabilities are disproportionately involved with the child welfare system and once involved are more likely than non-disabled parents to have their parental rights terminated.

For more than four years, Amy Fabbrini and Eric Ziegler have been fighting with the state of Oregon to regain custody of their sons, Christopher and Hunter. Both Fabbrini and Zeigler have intellectual disabilities. “I tend to learn a little slower than others but it in no way affects my abilities to safely care for my kids and has no effect on my day-to-day living,” Fabbrini says.

Christopher was removed by Child Protective Services in September of 2013 when he was only four days old, after Fabbrini’s family contacted the agency, concerned for Fabbrini and Ziegler’s ability to care for the baby. In February of 2017, CPS removed Hunter, when he was only two days old, directly from the hospital.  According to Fabbrini, “they have been in the system ever since.”

Since their initial involvement with CPS in September of 2013, the couple has enrolled in several parenting classes. “[CPS] said if you take this parenting class or if you do this course or you do these steps then that will increase your chances of getting your son back. Well, here we are four years later and we still do not have our children,” Fabbrini says.

The couple’s quest to regain custody of their sons has persisted for four years and included many courtroom battles. As Fabbrini and Ziegler navigated these trials, they also became figures in the fight for disability rights. “Our main goal is that we want our kids back and to have a family. We also want to stand up for other families in this situation and help them have a voice.”

For Carrie Ann Lucas of Windsor, Colorado, these issues are both personal and professional. Lucas has mitochondrial myopathy, a type of muscular dystrophy that requires the use of a power wheelchair and ventilator assistance to breathe. She is hard of hearing and has low vision. Lucas is an attorney and has represented parents with disabilities for nearly two decades. She currently works for the state agency that oversees court-appointed attorneys.

Lucas is the mother of four children, all of whom also have disabilities. She has adopted each of them from foster care. Despite the state deeming her capable to adopt four times, Lucas has been referred to CPS on numerous occasions, and says she has “lost track” of the exact number.

One time, for example, her daughter’s school filed a report with CPS because the girl’s ponytail was “too tight.” Other times, Lucas was reported to CPS for neglecting her children because she wanted them to be independent and autonomous, such as requiring her teenage daughter to drive her own wheelchair from the school bus to the door of her home.

Every referral to CPS increases the risk of further action, even if the report was based on senseless allegations. “If people have multiple referrals, then every single one gets investigated,” Lucas says. These investigations can be traumatizing for families, especially for children who came from foster care and have long involvements with CPS, like Lucas’ children.

Lucas’ first negative encounter began nearly two decades ago when she set out to adopt her niece, a process that lasted 16 months. It took a judge threatening to put the CPS worker in contempt of court if she didn’t immediately place the child with Lucas. Lucas says the CPS worker told the judge, “There is no way that a handicapped woman can take care of a handicapped child. We’re going to be picking up the child within two weeks.”

“Well, we’re 18 years down the road, and she’s still with me,” Lucas says.

Lucas’ experience motivated her to attend law school and become an attorney. “I thought, if this is happening to me, and I have a master’s degree [and] I take care of other people’s children all day long, what’s happening to every other parent?”

Research indicates that parents with disabilities and their families are overrepresented in the child welfare system. While parents with disabilities make up only 6.2 percent of all parents in the United States, a recent study found that 19 percent of children in foster care have a parent with a disability.

Nicole Brisson of Sage Haven Associates, Inc. conducts parenting assessments of people with disabilities and provides recommendations to CPS and the courts. Brisson’s intimate involvement with child welfare cases involving parents with disabilities offers her a unique perspective.

“I think that the lack of understanding of community members and stigma causes parents with disabilities to be under a microscope more so than parents without disabilities. A bump or bruise on a child of a parent with a disability who is learning to walk might warrant a call to CPS, whereas it would not if the child’s parent did not have a disability,” Brisson says.

Once parents with disabilities are reported to CPS, they face pervasive stereotypes that often have devastating consequences. CPS has an obligation to act, which often means hiring experts to guide them. Yet Brisson claims many experts have little to no training or experience working with people with disabilities, and are unable to adequately evaluate parents and measure progress. “Courts do not realize this, err on the side of caution, and move to terminate rights often without evidence that the parent is unfit.”

Bias toward parents with disabilities transcends all disability types—physical, sensory, intellectual, and psychiatric. However, Lucas says certain segments of the disability community experience worse treatment. “I think [parents with physical disabilities] get a lot of referrals, but we don’t get a lot of cases,” she says, referring to the difference between doing a welfare check and opening a full-fledged investigation. “For parents with intellectual disabilities and psychiatric disabilities, referrals often turn into cases.”

For Fabbrini and Ziegler, the fight is far from over. A circuit judge issued a ruling four days before Christmas that deemed the pair fit to raise Hunter, stating, “I feel the threat articulated to Hunter is fairly amorphous. … There is no allegation that they’re not able to meet his basic needs.” Though they were able to take 10-month old Hunter home from foster care, they’re still battling to bring four-year-old Christopher home as well.

The rights of parents with disabilities and the rights of children are not mutually exclusive, yet in ensuring the rights of children, the rights of parents with disabilities can often go by the wayside. Ensuring that disabled parents have the opportunity to raise their children and are provided support, if needed, benefits both parents and children—the onus now falls on Child Protective Services agencies to adequately protect both children and parents with disabilities.

 

“My Two Cents” – June 2018

Tim Doherty, Executive Director

From time to time, I write a column on the status of our affordable housing situation that is playing out now in New Jersey.  Since the Supreme Court’s ruling that COAH was defunct in 2015, Towns have been required to work out their “Round Three” obligations in the courts.  Most towns have settled, and have entered into an agreement with Fair Share Housing but still a good many have not, so this process now is shaping up to be a rather lengthy one.  Based on recent court rulings, especially one from Judge Mary Jacobson, in Mercer County, the courts are not    letting the towns off the hook—with many judgements requiring more units than if the towns had settled their cases in the first place.

In many of these settlements, the Court is requiring that the Towns provide the “ reasonable opportunity “ for housing to be built, which also mandates that the Towns provide some kind of financing, or contribution to these projects, in order for them to truly be built.  Many towns have used their affordable Housing Trust Funds for this financing, and as a result have no moneys left for future housing needs.  About half of the towns have not completely used up their funds, and as a result the State of New Jersey estimates that there is about $46 million in these municipal trust fund accounts which could be used for that purpose.  These funds were raised when A500 was passed and allowed the municipalities to charge a 2% fee on all commercial new construction.  The law specifically mandated that these funds had to be maintained in separate accounts and could only be used for the creation and support of affordable housing.

Two years ago, then Governor Chris Christi tried to take those remaining unused funds to balance his State Budget, however the Courts ruled against his doing so.  Many towns also placed those existing funds into new accounts, which were not reported to the State.  Now, when towns very much need these funds to complete their affordable housing plans, the present governor, Phil Murphy, is again trying to take those funds to offset his current State budget deficit.  His plan is to move those funds over to the Department of Human Services which would thereby reduce what he would have to provide from the general State budget—not what the funds were intended to be used for.

Now we have heard this kind of proposal before.  The legislature will pass a particular bill to remedy a specific need, but then when some other perceived crisis seems to occur, the moneys are funneled back into the State general fund, where the Governor can use as he pleases.  This is simply not right.  The Affordable Housing Trust Fund moneys should only be used for their stated purpose—that is to build affordable housing—not to be a substitute for the funding of a specific State Department or agency.

Now this argument is hard for me to make, since funding Human Services is something close to my heart and the consumers and tenants of Project Freedom.  However having a place to live is equally important, and  using these funds to replace original Human Service funding is not what should be done.  Some would call this process, “sleight of hand”  or robbing “Peter to pay Paul.”  Also, it is disingenuous to change the purpose for taxation, from its original intent, to then use those funds to shore up the State budget.  The Legislature needs to tell Governor Murphy, NO, that these funds need to be used only for the creation of affordable housing, otherwise New Jersey will continue to fall further and further behind on this issue, and towns will never have the resources to fulfill their stated housing plans.

 

NJ forces disabled Howell student to make brutal choice: internship or health aide money

, @njhoopshaven Published  by  Asbury Park Press  May 21, 2018 | Updated May 21, 2018

HOWELL – Like any college student, Anna Landre was thrilled to land a quality summer internship.

Unlike her peers, though, she faces a brutal decision: Taking the job means losing some crucial health benefits.

The Howell 19-year-old has spinal muscular atrophy type 2, a progressive weakening of the muscles. She uses a motorized wheelchair and needs a personal care aide at her Georgetown University dorm.

“I was shocked when I heard this,” said state Sen. Vin Gopal, D-Monmouth, who is working on a solution. “It really limits folks who are able to work, who want to work and can make a great impact on our community.”

Landre has much to offer. Last year she graduated Freehold Township High School as valedictorian. She’s used to navigating barriers created by the able-bodied folks who make the rules for society’s disabled.

“A lot of times it’s a matter of people telling you no 50 times, until you call 100 times,” she said. “There are always exceptions that can be made, but you have to push hard. I think the state relies on the fact that eventually you’re going to give up.”

That’s not happening here. There is much at stake for Landre and others who might follow in her footsteps.