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Provisions in the latest budget explain the payment process for the 780 eugenics claims submitted to the Office for Justice for Sterilization Victims by the June 30 deadline, and set some hard deadlines for those whose claims have been received by the deadline but are missing information.

(Despite a request by the state NAACP, the General Assembly did not extend the June 30 deadline,)

As of July 17, according to the Office,  500 of those claims had been forwarded to the NC Industrial Commission for determination of eligibility and the remaining logged as received by the deadline but either missing information or requiring additional research.

Those with missing information have until September 23, 2014 to submit what’s required.

Also per the budget, disbursements from the fund will begin with an initial payment by October 31, 2014 to those determined, as of October 1, 2014, to be “qualified recipients.”   The amount of that payment will be determined by dividing the number of qualified and pending claimants by $10 million.

Those determined to be qualified after that date will receive an initial payment within 60 days of determination.

Presumably on the theory that some of the pending claims may ultimately not be qualified, there will be a second round of payments made from what’s left in the fund.  That payment will be made 90 days from the date of the last appeal.

By September 30, 2014, all remaining claim forms will be submitted to the Industrial  Commission for review and  disposition.

The budget provisions also clarify that payments from the fund are NOT to be split or otherwise used to compensate attorneys who may have helped victims with the filing of claims:

It is the public policy of this State that funds awarded for the compensation of sterilization victims under this Part may be used only for the purpose of benefiting victims and shall not be used to pay attorneys’ fees arising from representation at the Office, before the Commission, or on appeal. The General Assembly finds that qualified recipients have suffered a unique harm that calls for a unique remedy and that there are sufficient sources of assistance and pro bono legal representation available to protect their interests. Therefore, any agreement for the acceptance of attorneys’ fees is null and void unless counsel has sought and received an opinion from the North Carolina State Bar that the fee arrangement is reasonable under the Rules of Professional Conduct.

For more about the eugenics fund, read here.

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Eva Justin from the Racial Hygiene and Demographic Biology Research Unit measures the skull of a Romani woman.

You would think that living in the twenty-first century, we would have progressed beyond the barbarity of eugenics programs in the U.S. in previous centuries. That assumption would be false.

Eugenics–the systematic implementation of social Darwinian procedures such as sterilization and segregation in order to “purify” the human gene pool–complemented the ideology behind the Nazi Holocaust. Meanwhile in the U.S., medical professionals were sterilizing those deemed genetically “inferior” while legislators and police were enforcing racial segregation. We have now moved forward to a point in which science, cultural consciousness, and law are in agreement that eugenics is destructive and ethically reprehensible.

Nevertheless, a recent investigation into California prisons reveals that some Americans remain behind the times. It has been confirmed that 39 female inmates were illegally sterilized over the last eight years at Folsom Women’s Facility, Central California Women’s Facility, Valley State Prison for Women, and the California Institution for Women. Such women were not given proper consent. The procedure, in effect, was coerced on them. Consequently, the health committee at the California legislature has moved to pass a bill banning all future sterilizations of inmates unless required in a medical emergency.

North Carolina isn’t faring much better. With a sketchy past regarding eugenics programs, the state has yet to compensate its past victims of sterilization despite promises. This past Monday was the deadline for victims to file claims and apply for compensation. The NAACP believes that the state is still doing an insufficient job, requesting that the deadline be extended as only 630 out of 1,800 victims who may still be alive have submitted proper claims and paperwork to the state Office of Justice for Sterilization Victims. Let’s hope this request meets with a favorable response and that our nation can move further forward and “not one step back” as the Moral Monday mantra states. Because in California and North Carolina, we remain more than one step back.

EugenicsAs Chris Fitzsimon made clear in this morning’s “Monday Numbers,” there is simply no good reason for the state of North Carolina to shut off applications for compensation to surviving eugenics victims. Having made people wait decades, what is the point of limiting the possibility for recovery for people — especially since so many of those injured are likely to lack easy access to legal assistance they need?

The North Carolina NAACP issued a statement early this afternoon making just such an argument. Click here to view it.

Monday marks the deadline for victims of North Carolina’s eugenics program to apply for compensation. eugenics_bw2

Some 7500 men and women were involuntarily sterilized in North Carolina between 1929 and 1974 under the authority of the state Eugenics Board.  It’s estimated fewer than 2,000 of those individuals are still alive.

Last year lawmakers set aside $10 million in compensation, which will be divided equally among certified living victims and awarded June 30, 2015.

For more on the eugenics compensation program, listen to Chris Fitzsimon’s recent radio interview with attorney Elizabeth Haddix from the University of North Carolina Center for Civil Rights. The Center has been providing pro bono legal help to the potential claimants.

Additional information (including the form to apply for compensation) can be found at the Office for Justice of Sterilization Victims.

From the good people at the UNC Law School Center for Civil Rights — pass it along:

If you or a family member was a victim on North Carolina’s forced sterilization program, you may be eligible for compensation from the state. The deadline for filing a claim for compensation under the Eugenics and Asexualization and Sterilization Compensation Program is June 30, 2014. The UNC Center for Civil Rights, along with other volunteer lawyers, are providing free assistance to those filing claims. We encourage victims and their families to call us with questions about eligibility and how to fill out the claims form. We also encourage victims and their families to attend one of the free clinics we are conducting with help from the NAACP, local churches and community leaders, during which we will provide additional information and assist in filing claims.

  • Thursday, May 22, 10am-1pm at the Lucille W. Gorham Intergenerational Community Center, corner of 5th and Tyson St., Greenville, NC
  • Thursday, May 29, 10am-1pm at the Martin Street Baptist Church, 1001 East Martin St. Raleigh, NC

Clinics will also occur in Mecklenburg and Hertford Counties on June 5 and June 12, times and locations to be publicized soon. Below are answers to frequently asked questions we have received about the process:

Q: Where can I get the claims form?
A: You can download the form at http://www.sterilizationvictims.nc.gov/, or call the Office of Justice at 1-877-550-6013 or 919-807-4270.

Q: Who is eligible for compensation?
A: Living victims of the program are eligible, as well as the heirs of deceased victims so long as the victim was alive on June 30, 2013. Read More