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In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
DOJ Commemorates Olmstead Anniversary-- June 22, 2022
Residents and Families United to Save Our Adult Homes, et al. v. Zucker
On May 31, 2022, the United States filed a Statement of Interest in the consolidated case of Residents and Families/Empire v. Zucker. Residents and Families/Empire challenges a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes, by alleging that the regulation violates the Fair Housing Act and the Americans with Disabilities Act. Read More
Rhode Island Agreement to Provide Community-Based Services to Children with Disabilities: Alleged discrimination against child with autism by failing to provide child with community-based Medicaid services, causing the child to enter an out-of-state residential facility for several months. The settlement agreement requires Rhode Island to make changes to provide this child and other children with intellectual and developmental disabilities the community-based services they need at home, and pay the child $75,000 in damages. (5/18/22)
DOJ Findings Letter to Colorado -- On March 3, 2022, the United States sent its findings to the State, notifying it that Colorado is violating the ADA’s integration mandate in its provision of Long-Term Services and Supports to adults with physical disabilities. Following an investigation, the Department found that the State of Colorado has failed to meet its obligations under the ADA by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs. (3/3/22)