Disability Rights Oregon

REFORM OREGON'S FOSTER CARE SYSTEM: The American Academy of Pediatrics identifies mental health and behavioral health as the “greatest unmet health need for children and teens in foster care.” Children who have experienced trauma and mental health issues need services and treatment from the day they enter care so they can begin to heal. This will help curb the revolving door of foster placements and avoid children ending up in institutions because we've failed to meet their basic healthcare needs.

ENSURE EQUAL ACCESS TO EDUCATION FOR CHILDREN WITH DISABILITIES: Every child needs different supports to thrive in their classroom and develop the skills they need to succeed in life. Yet, hundreds of Oregon children don't attend full days of school for months or even years at a time because of the school is incapable of supporting the behavioral, social, and emotional needs of children with disabilities. Some children are removed from school altogether and given an hour or two of tutoring per day. With the right supports, all children can learn in school alongside their classmates. DRO is working on behalf of children with disabilities to force the State to play a larger role in making sure that school districts are equipped to support children with disabilities in their classrooms. This struggle is about making sure that children with disabilities can live in our world. Providing them with the proper supports at a crucial moment early in their lives will give them the foundation they need to thrive in their classrooms and communities for years to come.

END THE CRIMINALIZATION OF MENTAL ILLNESS: Disability Rights Oregon works to end the criminalization of mental illness, promote independence and community living for people with mental health conditions, and improve conditions in Oregon jails and prisons for people in mental health crisis. In 2002, Disability Rights Oregon brought a landmark civil rights case against the state because people with mental illness were languishing in jail. The Ninth Circuit ruled that the state psychiatric hospital must accept within seven days people found to not have the mental capacity to stand trial because they are unable to help their attorney defend them in court—what is called "aid and assist." In 2019, wait times in jail began climbing again and we returned to court to enforce the Court decision.

PROTECTING THE LIBERTY OF PROTECTED PERSONS: Courts appoint guardians when it is necessary to protect a person’s health or safety. A guardian can make decisions that affect another person’s care and well-being, such as where they live, what healthcare they get, and how they spend their time. Once guardianships are in place, there is very little monitoring by the courts. Disability Rights Oregon is working to ensure protected person are able to live with as much self-determination and independence as possible and that guardianship is limited to meet a person's actual needs, and nothing more.

We work to promote and defend the rights of people with disabilities through multi-modal, legally-based advocacy.

1. EMPOWER SELF-ADVOCATES: Providing tools, training, and supports to empower people with disabilities to be strong advocates for themselves and to push-back against the discrimination they experience in our society.

2. GROW THE MOVEMENT & EDUCATE THE PUBLIC: Educating the public and policymakers about the changes we need to see in our society to have a community where people with disabilities have the opportunity to pursue their dreams.

3. ADVOCATE FOR BETTER SOCIAL POLICY: Advocating and lobbying for changes in State and Federal law to create the social change that people with disabilities need to realize equity in our communities.

4. PROVIDE LEGALLY-BASED ADVOCACY WHEN CIVIL RIGHTS ARE VIOLATED: Providing free, legally-based advocacy services to people with disabilities who are experiencing discrimination.

REFORM OREGON'S FOSTER CARE SYSTEM: Disability Rights Oregon's legal staff are hard at work to enforce the civil rights of children with disabilities, LGBTQIA+ children, and youth in Oregon's foster care system. Disability Rights Oregon has demonstrative its capability to conduct this work through Wyatt B. v. Brown, class action litigation filed in 2019 against the State of Oregon.

ENSURE EQUAL ACCESS TO EDUCATION FOR CHILDREN WITH DISABILITIES: Disability Rights Oregon's legal staff are hard at work to enforce the civil rights of children with disabilities in Oregon's public education system. Disability Rights Oregon has demonstrative its capability to conduct this work through J.N. v. Oregon Department of Education, class action litigation filed in 2019 against the State of Oregon.

END THE CRIMINALIZATION OF MENTAL ILLNESS: Disability Rights Oregon's mental health rights project staff work to create systems that divert people with mental illness in crisis away from the criminal justice system. Our staff who are dedicated to this work are engaged in police accountability, policy advocacy, litigation, and report writing.

PROTECTING THE LIBERTY OF PROTECTED PERSONS: Disability Rights Oregon's legal staff are among the foremost experts on guardianship and alternatives to guardianship in Oregon. Through our Project Independence, we work to support people with disabilities who wish to limit or end a guardianship. We work in partnership with the Oregon Long Term Care Ombudsman and allies in the disability rights movement.

REFORM OREGON'S FOSTER CARE SYSTEM & ENSURE EQUAL ACCESS TO EDUCATION FOR CHILDREN WITH DISABILITIES:Disability Rights Oregon has filed major class action litigation to enforce the rights of children with disabilities, LGBTQIA+ children, and youth in Oregon's foster care system and public education system. This litigation may take multiple years to obtain relief. However, we also work in close collaboration with our partners in the Oregon Legislature to protect children in foster care from abuse and neglect, including children sent to contracted facilities out of state.

END THE CRIMINALIZATION OF MENTAL ILLNESS: In 2002, Disability Rights Oregon brought a landmark civil rights case against the state because people with mental illness were languishing in jail. The Ninth Circuit ruled that the state psychiatric hospital must accept within seven days people found to not have the mental capacity to stand trial because they are unable to help their attorney defend them in court—what is called "aid and assist." In 2019, wait times in jail began climbing again and we returned to court to enforce the Court decision. We continue to enforce this court order.

Inmates who experience a mental illness are at enormous risk of being subjected to and harmed by the use of canines to extract jail inmates from their cells. In the fall of 2018, we issued a report to bring attention to the fact that Columbia County was using canines for this purpose and to call for a statewide ban. During the 2019 state legislative session, we successfully advocated for a statewide ban on the use of police canines in jail (SB 495).

Our 2017 investigative report “‘Don’t Look Around’: A Window into Inhumane Conditions for Youth at NORCOR” uncovered that this facility was neglecting the mental health and social development of the kids who were detained there. Our investigation resulted in (a) a restructuring of the detention facility’s oversight and governance, (b) the end of over-using lockdown time, (c) giving kids more visits with loved ones, and (d) eliminating excessively punitive rules, such as forbidding kids from “looking around,” in favor of an evidence-based positive behavior management system.

PROTECTING THE LIBERTY OF PROTECTED PERSONS: Guardianship is a highly intrusive restriction on the rights and self-determination of a person. For nearly 30 years, Disability Rights Oregon has been fighting to uphold the civil rights of individuals under guardianship. Since 1991, Disability Rights Oregon has worked through the Courts and Legislature to strengthen protections for people with disabilities. In 2019, Disability Rights Oregon secured a victory when the Legislature enhanced due process protections by requiring notice to a person who may be subjected to guardianship. Notice is vital for allow a person to challenge the loss of their liberty.