U.S. v. New York – 13-cv-4165 – (E.D.N.Y. 2013) On July 23, 2013, the United States, the individual plaintiffs and the State of New York filed a transaction agreement with the U.S. District Court for the Eastern District of New York. The agreement resolves state discrimination in the management of its mental health care system and ensures that people with mental illnesses living in 23 large adult homes in New York City receive services in the most integrated environment that meet their needs, which correspond to ADA and Olmstead. Under the agreement, these people will have the opportunity to live and receive in the Community so that they can live, work and participate fully in community life. Since then, representatives of a group of people who live and wish to remain in these state institutions have appealed the Court`s decision authorizing the settlement agreement to the Third District Court of Appeal. (Benjamin et al. v. Pennsylvania Department of Public Welfare, et al., 11-3684, 11-3685 (3d Cir.)). They argue that the facilitation given to class members will affect their ability to stay in institutions.
They also argue that the transaction agreement should not have been approved because it assumes that institutionalized persons who are unable to express a preference for their mediations may, if necessary, be transferred to community services. Class members and defendants from Pennsylvania filed a joint letter against these arguments on April 3, 2012. Shortly thereafter, the United States filed an amicus curiae letter supporting the agreement. We argued that the transaction agreement was fair and reasonable. We also stated that, because federal law strongly favours the integration of persons with disabilities into the community in relation to segregation in large institutions, community services should be provided to an institutionalized person who can live in the Community but who cannot express a preference for accommodation and has no guardian or family member involved. Under the agreement, Delaware will create a comprehensive communal crisis system that will serve as a gateway to the state`s mental health system, including a crisis hotline, mobile crisis teams capable of reaching someone in the state in an hour, two accessible crisis centers and short-term stabilization units. The agreement also requires the state to provide intensive community treatment by 11 Assertive Community Treatment (ACT) teams, 4 intensive case management teams and 25 targeted case managers. The government will offer at least 650 housing vouchers or grants to enable people to purchase stable and integrated housing. Finally, the state will develop evidence-based employment services for 1,100 people, rehabilitation services, including substance abuse and educational services for 1,100 people, and family and peer support services for 1,000 people. The agreement requires Delaware to establish a national quality management system that reflects qualitative and quantitative measures and provides for an independent monitor capable of recruiting staff to assist in the implementation and implementation of compliance controls. The transaction contract facilitates approximately 3,250 people with E/DD over a one-year night dispute.
Rhode Island will offer approximately 2,000 people, including at least 700 people currently housed in sheltered workshops, at least 950 people currently working in school-based non-work programs, and about 300 to 350 students leaving high school for assisted placement services.