New York State Supreme Court Issues Temporary Stay Against Monroe County

Anita Cameron
The NYS Supreme Court issued a two-week stay against Monroe County in the dispute with the Center for Disability Rights over the abrupt termination of its contract. The Rochester-based independent living center was the fiscal agent for people with disabilities who were participating in the Consumer Directed Personal Assistance Services (CDPAS) program.

The stay, issued by Judge Richard Dollinger on Monday, August 2, 2010, will prevent the County from proceeding with the transition of 300 CDR consumers to other agencies. The stay will expire on August 13th, and a court hearing will be held August 23, 2010. The county must also send out letters to consumers in both English and Spanish informing them of this.

The ruling came as a relief to many at CDR, including me. Although I am not a part of the CDPAS program, many of my friends are either CDPAS consumers or personal care aides. Those needing attendant services feel that the ability to hire, train, discipline, or terminate their attendants is vital, giving them the control over a critical part of their lives that they would not have in a traditional home care agency. Attendants in the program appreciate its flexibility, and the fact that they work directly with, and under the supervision of their client.

I know how they feel. Many years ago, I needed attendant services after my disability flared up. There was no such thing as consumer direction, so I was at the mercy of the home care agency that I was a client of. They determined when I got out of bed, when I got dinner, and even when I could take a shower. If the attendant didn't come, I was out of luck, and if the attendant didn't feel like completing the shift, there was nothing that I could do about it.

That is why the CDPAS program means so much to me. I see it at work in the lives of my friends. I see the beauty and effectiveness of consumer control, and want that option if my health deteriorates to the point when I once again will require attendant services.

I applaud Judge Dollinger for his ruling, and am hopeful that this will give CDR attorneys some time to do the legal work to make the stay permanent.

Published by Anita Cameron

Anita Cameron hails from Chicago, IL, and is the younger of twins. She holds degrees in Biology, and Computer Information Systems. Drawing on her passion for social justice and change, she became involve...  View profile

5 Comments

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  • Jenny Writer9/30/2010

    PV love for the great job!!!

  • Jennifer Bove8/7/2010

    excellent reporting

  • TRESA PATTERSON8/7/2010

    Thank you for keeping us up on this issue, and I, too, so understand the concerns of those folks!

  • Peter Flom8/7/2010

    Good article and it sounds like a good decision too

  • Michele Starkey8/6/2010

    Nice report Anita, we will have them in our prayers. cheers

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