Community Integration: Civil Rights

Commitment to Community Integration

Department of Health and Human Services  

 

Format             Community Living Initiative

 

June 22nd 2010 is the 11th anniversary of the U.S. Supreme Court’s decision in the Olmstead v. L.C. decision, which maintained that the unjustified institutional isolation of people with disabilities is a type of unlawful discrimination under the Americans with Disabilities Act (ADA). To foster collaborations that support the implementation of the Supreme Court’s Olmstead decision, President Obama announced the Year of Community Living, and the Department of Health and Human Services (HHS) launched the Community Living Initiative in June 2009. HHS staff is working with the U.S. Department of Housing and Urban Development  to identify ways to improve access to housing, community supports and independent living arrangements.  Also, HHS’ Office for Civil Rights is partnering with the Department of Justice to promote “vigorous enforcement of the Americans with Disabilities Act and the Olmstead decision and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in the federal courts.”  Included on this website are links to information on community living.

 

Contact URL             http://www.hhs.gov/od/topics/community/olmstead.html

           

Contact Agency      

U.S. Department of Health & Human Services

200 Independence Avenue, S.W.

Washington, D.C. 20201

1-877-696-6775

 

“Home and Community-Based Services: Introduction to Olmstead Lawsuits and Olmstead Plans” by Terence Ng, Alice Wong & Charlene Harrington, University of California San Francisco (UCSF) National Center for Personal Assistance Services (Center for PAS), August 2009

 

University of California San Francisco, with funding from the National Institute on Disability and Rehabilitation Research

 

Format             Online report

 

Description   Center for PAS provides research, training, dissemination and technical assistance on issues of personal assistance services in the United States to help ensure that people with self-care limitations can find information that will help them live independently.

This report provides state-by-state information on two of the major issues that have arisen from the 1999 Olmstead Supreme Court judgment: the formal strategies (Olmstead Plans) that states developed in response to the Olmstead ruling, and community integration lawsuits related to Olmstead. The primary goal of the report is to present a summary of information that is accessible to the public, advocates, consumers, researchers and professionals.

 

Contact URL             http://www.pascenter.org/olmstead/

           

Contact Agency      

Center for Personal Assistance Services

Department of Social and Behavioral Sciences
School of Nursing
University of California
3333 California Street, Suite 455
San Francisco, CA 94118

866-PAS-9577 (866-727-9577), (415) 502-7190

 

The National Disability Rights Network (NDRN)

NDRN is the membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP)

 

Format             Membership organization

 

The P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities and is federally mandated to operate in every state and territory in the United States. In addition to the 50 states and territories, there is also a federally mandated Native American P&A System. NDRN’s mission is to promote the integrity and capacity of the P&A/CAP national network and to advocate for the enactment and enforcement of laws protecting civil and human rights of people with disabilities.  NDRN members serve individuals with a wide range of disabilities including, but not limited to, people with cognitive, mental, sensory, and physical disabilities. NDRN members investigate reports of abuse and neglect, and seek systemic change to prevent further incidents; advocate for basic rights; and ensure accountability in health care, education, employment, housing, transportation, and within the juvenile and criminal justice systems for people with disabilities.

 

Contact URL             http://www.napas.org/

           

Contact Agency      

National Disability Rights Network

900 Second Street, NE, Suite 211

Washington, DC 20002

(202) 408-9514

 

The Olmstead Supreme Court Judgment of 1999

 U.S. Supreme Court of the United States

 

Format             Lawsuit

The Olmstead case was brought against the Georgia State Commissioner of Human Resources, Tommy Olmstead, on behalf of two women with developmental disabilities who were diagnosed with mental illness (schizophrenia and personality disorder respectively). They were voluntarily admitted to Georgia Regional Hospital for treatment in a psychiatric unit. After some time, they indicated their preference for discharge, and the professionals working with the women assessed that they were ready to move into a community setting with appropriate support.  However, they were not successfully discharged from the hospital, and in 1995, the women filed a lawsuit against state officials, which was eventually heard by the Supreme Court. The Supreme Court ruled that under Title II of the Americans with Disabilities Act of 1990, the women had the right to receive care in the most integrated setting possible and that their unnecessary institutionalization was discriminatory and violated the ADA.

Contact URL             http://www.law.cornell.edu/supct/html/98-536.ZS.html

           

Contact Agency      

Legal Information Institute

Cornell Law School

Myron Taylor Hall

Ithaca, NY 14853

 

“Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead”

 

Department of Health and Human Services’ Civil Rights webpage

 

Format             Online article

 

President Obama launched the “Year of Community Living,” on June 22, 2009, in commemoration of the 10th Anniversary of the Olmstead Supreme Court Judgment of 1999, which held that the unjustified institutionalization of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act. “The Year of Community Living” reaffirms the Administration’s commitment to “vigorous enforcement of the civil rights for Americans with Disabilities and ensuring the fullest inclusion of all people in the life of our nation.” This article describes the activities conducted by the Department of Health and Human Services (HHS) in carrying out the President’s directive, including the establishment of an HHS Coordinating Council, which will aggressively address the barriers that prevent some individuals with disabilities from enjoying a meaningful life in their community.  The work of the Office for Civil Rights has done to enforce the Olmstead decision is also discussed.

 

Contact URL             http://www.hhs.gov/ocr/civilrights/understanding/disability/serviceolmstead/index.html

           

Contact Agency      

U.S. Department of Health & Human Services

200 Independence Avenue, S.W.

Washington, D.C. 20201

1-877-696-6775