Developmentally disabled citizens in Illinois and their families have suffered mightily because of an historic bias on the part of the State, it's legislature, and provider agencies that emphasized segregated placement of developmentally disabled individuals in private, institutional, congregate care facilities (like the 400 resident Howe Developmental Center and scattered nursing homes designed for the elderly) over placement in integrated community based settings.
With the announcement of an agreement between advocates who used the courts to oppose this hideous violation of civil rights and the State of Illinois, this abuse will now stop. More on this landmark Consent Decree after the break...
Today, Illinois ranks 51st among all states and the District of Columbia in serving people with developmental disabilities in small integrated settings, and most people with developmental disabilities seeking residential services are only offered placements in institutions, in violation of their civil rights and the law. Under the terms of the proposed Consent Decree, however, people with developmental disabilities living in large private institutions will be given the opportunity to live in community-based settings. The proposed Consent Decree also requires the State to provide services to people with developmental disabilities who are at risk of institutionalization and currently living in the family home
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http://www.equipforequality.org/...
We have had a pretty good week and a half here in Illinois but for me, the parent of a developmentally disabled teenager, this news ranks right up there with the headlines I read on November 5th.
I want to express my profound personal gratitude to the ACLU, Equip for Equality, Access Living, The Public Interest Law Center of Philadelphia, the law firm a of Sonnenschein Nath and Rosenthal LLC, all of the Plantiffs and their families, as well as the State of Illinois for crafting this agreement. You have all not only helped restore illegally confiscated civil rights to our most vulnerable citizens, you have put the State on a more humane and moral course and paved the way for people like my son who will follow. Thank you.
Nearly twenty years ago, Congress passed the ADA, and nearly ten years ago, the Supreme Court of the United States ruled that unnecessary institutionalization is discrimination under the ADA. Notwithstanding the Supreme Court’s ruling, Illinois has retained its antiquated policies, channeling people into a system of approximately 250 large, privately-run congregate care facilities where nearly 6000 of the state’s developmentally disabled residents are currently housed.
Under the proposed Consent Decree, all individuals with developmental disabilities living in private institutions will receive independent evaluations to determine the supports and services they need to live in a community setting.
Although this is a huge victory, there's a lot more that needs to be done here in Illinois and nationally, like getting the Commmunity Choice and CLASS Acts, both supported by President-elect Obama (I love writing that!), written into law.
"I support the passage of the Community Choice Act of 2007, which would allow Medicaid-eligible Americans with significant disabilities the choice of living in their community, rather than having to live in a nursing home or other institution. This legislation is vitally important to the independence, community integration, and equality of hundreds of thousands of Americans with disabilities." - Barack Obama
More on the Community Choice Act can be found here:
http://www.ncil.org/...
And the CLASS Act (also supported by the President-elect):
While recognizing the important role that Medicaid plays in the provision of long term services and supports, it is time to develop an approach that takes the pressure off of the Medicaid program and helps individuals and families avoid poverty.
The Community Living Assistance Services and Supports Act (CLASS Act) would offer an alternative path. It would create a new national insurance program to help adults who have or develop functional impairments to remain independent, employed, and stay a part of their community.
http://www.thearc.org/...
I'll finish up the diary with this quote. I can't improve on it:
"Experience around the country shows that when given a meaningful choice, people with disabilities thrive in community settings," said Benjamin Wolf of the American Civil Liberties Union of Illinois, co-counsel in the case. "This agreement will truly change the lives of thousands of Illinois residents."