Monday, July 27, 2015

The 25th Anniversary of the Americans with Disabilities Act


This month marks the 25th anniversary of the Americans with Disabilities Act (the "ADA").   This was the first comprehensive law to protect the civil rights of Americans with Disabilities.

We are now used to seeing wheelchair ramps, handicapped parking spaces and telephone or ATM options for people with disabilities.  But, 25 years ago, these everyday items were not common.  

The ADA has made much progress, but like any change in civil rights law, it was met with some resistance, as well as some confusion.  Decisions by the U.S. Supreme Court, other state and federal courts, and administrative agencies, have helped shape the law into what it is today. Congress also acted to amend and clarify the law and those changes and clarifications went into effect in 2009. 

Here are some agencies and groups relating to the rights of people with disabilities:

In Texas:
Texas Department of Assistive and Rehabilitative Services
Disability Rights Texas
Texas Department of Aging and Disability Services

And here is a Federal resource page for disability rights and laws: Disability Resources from the U.S. Department of Labor


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Monday, July 20, 2015

Living in an Abusive Situation- Making a Personal Safety Plan


If you (or someone that you know) is living in an explosive, abusive situation, a plan for personal safety is important.

The Montgomery County Texas Sheriff Department has an excellent checklist that applies to various stages of the situation.

First of all, it is important to know what to do if violence erupts.  For instance, know how to get out of the way of anything that could be used as a weapon, where the safest places in the house are located, who you could call and where to go if you had to leave suddenly, and devise a code word to use with family, friends and children to indicate an emergency or need to contact police.

Secondly, have emergency plans in place. Know where your important papers and financial information is located (or have copies of important documents stored in a safe place off premises), know about domestic abuse shelters that are available.  And don't forget to have an alternate plan for your pets to insure that they are fed and safe. (Domestic abuse shelters can  often help with this).

Third, there is a reminder that leaving the abuser is the most dangerous time. He or she will feel control slipping away and can become desperate.   Therefore, you may need to get an immediate protective order. Carry it with you at all times and decide in advance that you will call police if necessary, no  hesitation.

Fourth, make sure you are safe in your own residence.  Lock doors, use lighting, watch your back when coming and going. Don't give your abuser information about you, your premises, or your schedule.

Fifth, know how to stay safe on the job, what to tell your employers and co-workers. Make sure you inform your child's school, day care, and those in charge of after-school activities of your situation.

The Montgomery County Sheriff list is good advice for those in an abusive situation no matter what the location.  If you live outside the Montgomery County Texas area, be aware that other resources are also available online for your county.

(Photo is of Safe Haven of Tarrant County, Fort Worth)

 Kalish Law Office - Family Law - The Woodlands, Texas 

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Monday, July 6, 2015

Reporting Child Abuse and Neglect in Texas



There are two ways to report child abuse or neglect in Texas.   The Texas Abuse Hotline is available 7 days a week, 24 hours a day, nationwide.  The phone number is 800-252-5400.  This line can be used for emergency as well as non-emergency reports.

There is also a Internet Reporting Website . The internet report should not be used for an emergency situation, as these internet reports can take 24 hours to process. An emergency should be reported to the toll free number.  (An emergency is "an immediate risk of abuse or neglect that could result in death or serious harm.").

If you wish to remain anonymous and do not wish an email confirmation of your report, call the toll free hotline.

Texas law says that anyone who suspects abuse, neglect or exploitation of a child must report it to DFPS (Department of Family & Protective Services, commonly referred to as "CPS" for "Child Protective Services"). Also, the Texas Family Code requires that professionals who suspect child abuse, neglect or exploitation make a report within 48 hours.

And don't forget-- if the situation is an emergency, call 911. You do not need to wait to talk to DFPS.

People are understandably fearful of getting involved with a situation they don't understand. However, someone who cares enough to make a report may be a child's best or only hope of rescue from a dangerous situation.

It is never legally or morally acceptable to make a report to retaliate against someone.  Making a false report is a felony and can also carry civil penalties.  (Texas Family Code Section 261).



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