CT
News & Disability Publications
Tennessee Judge Rules for Families, against People First
and DOJ
As
families prepare for the closure of the Clover Bottom
Developmental Center, on May 28, 2010 a court ruled in
favor of the rights of individuals and legal guardians
the right to choose another ICF/MR (deemed a
"congregate" setting), even when professionals have
determined the individuals could be provided in a more
integrated setting.
The question before the federal district court in
Tennessee was whether the Americans with Disabilities
Act (ADA) precluded Clover Bottom residents, or their
legal guardians, from choosing "congregate care."
The U.S. Department of
Justice and People First of Tennessee argued against the
right of choice when professionals have deemed another
setting to be more "integrated."
Citing Olmstead and Medicaid law, the Court ruled in
favor of the state and families, recognizing the freedom
to choose a large ICF/MR placement even if the
individual could be appropriately serve in a more
integrated setting.
"The
intersection of citizen choice and the ADA was addressed
by the Supreme Court in Olmstead v. L.C., wrote the
court. "There is no federal requirement under the ADA
that community-based treatment must be imposed on
citizens who do not desire it." The court was
particularly persuaded by the brief of the Parent
Guardian Association (PGA), which argued that
"Conservators (and guardians) - who have the longest and
most meaningful relationship with their loved ones and
the greatest investment in their wellbeing are in the
best position" to weight all benefits and risks of any
placement option, and will give due consideration to the
opinion of professionals.
There is "no merit to the contention of the United
States (DOJ) and People First that the professional
judgments---as to appropriate community placement of a
class member must always prevail over the citizen's own
choice (expressed individually or through a guardian or
conservator) of a qualified provider."
In addition, Medicaid law also requires that recipients
have a "right to choose whether to receive services
through and ICF/MR or a Home and Community-Based
Services Waiver," the court held.
The case is People First of Tennessee v. Clover Bottom.
The decision can be found at VOR's website at
http://www.vor.net/get-help/legal-resources/.
VOR
E-mail update June 25, 2010
Connecticut
Parent Advocacy Center - http://www.cpacinc.org
Great online newsletter full of Connecticut happenings
and issues. Services are directed towards the 0 to 21
crowd.
Department
of Education - http://www.state.ct.us/sde/deps/special/index.htm
Great online site, contains downloadable publications
including:
