Justice Department investigates state use of adult care homes – News

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South Carolina’s use of adult nursing homes is under federal investigation over allegations that adults with mental illness are ‘unnecessarily’ separated and prevented from accessing health services mental.

The Civil Rights Division of the US Department of Justice announced last week that it was opening an investigation into disability rights under the American with Disabilities Act. The inquiry will examine whether the state is isolating people with mental illness in community residential care facilities by failing to provide integrated community mental health services.

Assistant Attorney General Kristen Clarke said in a declaration that people with disabilities have “too often” been unlawfully isolated in institutions, including public psychiatric hospitals and adult nursing homes.

Although the Department of Justice did not provide information on the complaint that triggered the investigation, a statement on the announcement focuses on the provision of integrated community mental health services, which were key parts of the ADA’s integration mandate confirmed in Olmsted v. LC in 1999.

The Supreme Court ruling calls on states to eliminate unnecessary segregation of people with disabilities and ensure they receive services in the most integrated setting appropriate. In 2009, the Justice Department’s Civil Rights Division launched an aggressive effort to enforce the ruling.

new york challenge

In another case involving adult care homes, the federal government last week filed a expression of interest in the Doe vs. Zucker lawsuit filed in the Northern District of New York. The lawsuit challenges a New York state regulation limiting the admission of people with severe mental illness to adult homes, saying it violates the Fair Housing Act and the ADA.

In its filing, the federal government said the regulations did not violate the FHA and aligned with the New York Office of Mental Health’s determination that adult homes are not “clinically appropriate settings” for children. persons with serious mental illness, nor “conducive to the rehabilitation or recovery” of such persons.

About Antoine L. Cassell

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