July 6, 2007

The Honorable Barney Frank
2252 Rayburn House Office Building
Washington, DC  20515

Dear Representative Frank:

We are writing on behalf of the National Council on Independent Living (NCIL) to express our opposition to the proposed amendments to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, H.R. 2839, which would put the health, welfare, and security of individuals with disabilities in jeopardy.

NCIL, the oldest cross-disability, grassroots organization run by and for people with disabilities, represents Centers for Independent Living (CILs), Statewide Independent Living Councils (SILCs), individuals with disabilities, and other organizations that advocate for the human and civil rights of people with disabilities throughout the United States.

According to a 1999 National Criminal Justice Reference Service report, adults with developmental disabilities are four to ten times more likely to become victims of physical and sexual assault than are other adults. These crimes are often underreported and, when they are, the victim, because they have a disability, are often not believed and the cases are not prosecuted. In more than 50% of the cases the abuser was a family member. Many other perpetrators gained access to the victims through their work in disability services.

The Protection and Advocacy (P&A) programs help protect the rights of individuals who have been victimized. The P&As serve as the voice of those who need assistance at a time when they are most vulnerable. If we tie their hands in these cases and require a potential abuser’s permission to gain access, the abuse of people, especially those with cognitive and mental disabilities, will remain largely hidden and unresolved.   

The belief that the closing of institutions has resulted in increased abuse of people with disabilities is a myth that remains unproven. It may appear to be increasing because people with disabilities live in the community, where these acts of violence are acknowledged and are seen as crimes. When violence occurs behind institutional walls, it is hidden from the general public

It is not seen as a crime but a “personnel issue” that is dealt with from the inside – and only if it is reported by someone. Abusers must be held accountable so that people who are victimized can obtain not only justice, but also the services they may require.

Across the country, Centers for Independent Living enable individuals with disabilities to gain or re-gain their independence. Pioneers in the independent living movement are themselves individuals who have left institutions, standing up for their right to live in the community. NCIL believes that every person with a disability has the right to live where they chose. If H.R. 2839 passes we will surely be thrown back in time faced not with public outrage against the mistreatment of people with disabilities but with the shroud of silence, the invisibility and inhumanity that Protection and Advocacy programs, CILs and self-advocates have fought so hard to overcome.

In sum, we urge you to examine the facts and reconsider this harmful proposal.

Sincerely,

Kelly Buckland                                             John Lancaster
President                                                      Executive Director