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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.
U.S. v. Louisiana – 3:18-cv-608 – (M.D. LA. 2018): On June 6, 2018, the United States filed its Complaint, a Joint Motion to Dismiss, and an Agreement to Resolve its investigation in the U.S. District Court for the Middle District of Louisiana. The Agreement lays out relief for individuals with serious mental illness in nursing facilities across the State, with provisions requiring intensified transition and diversion efforts to home and community-based services and community-based mental health services, including supportive housing, ACT, substance use disorder services, and crisis services, to ensure individualized service planning and support successful community tenure. Read More
U.S. v. New York – 13-cv-4165 – (E.D.N.Y. 2013): The parties filed an amended settlement agreement on January 30, 2014, and the court approved the settlement agreement on March 17, 2014. The parties filed a second amended settlement agreement on May 4, 2017, which the Court approved on May 18, 2017. Read More
U.S. v. North Carolina – No. 5:12-cv-557 – (E.D.N.C. 2012): On January 9, 2017, the United States moved to enforce the supported housing and supported employment provisions of the Agreement. The State has repeatedly failed to comply with its annual obligations, lagging far behind schedule. Furthermore, it has attempted to dilute its obligations by unilaterally redefining how to measure compliance with those provisions. On March 1, 2017, North Carolina filed a brief in opposition. On March 22, 2017, the United States filed a reply. Read More