U.S. Justice Department sues state of Arkansas over ADA violations for needless institutionalization of people with disabilities

From Arkansas News Bureau:

LITTLE ROCK, Ark. — The U.S. Justice Department sued the state May 6, alleging Arkansas centers that care for the developmentally disabled are needlessly institutionalizing people in violation of the Americans with Disabilities Act.

The lawsuit, filed in U.S. District Court here, comes two months after the Justice Department sought a federal court order to halt new admissions of school-age children to the Conway Human Development Center. A federal judge denied the motion.

The ADA requires public agencies to provide services to a disabled person in the most integrated setting appropriate to the person’s needs.

In the latest legal action, the Justice Department claims the state “segregates hundreds of individuals with developmental disabilities in institutions that are not the most integrated setting appropriate to their needs, and fails to provide adequate community supports and services to individuals who are discharged from the institutions or who are at risk of institutionalization.”

“Indeed,” the lawsuit says, “the state gives individuals with developmental disabilities the draconian choice of receiving services in segregated institutions or receiving no services at all.”

A spokesman for Gov. Mike Beebe said Thursday the governor was not surprised by the lawsuit.

“We’ve been dealing with (the Justice Department) for years on the (human development centers),” said Matt DeCample. “They seem to be of the mind that they want to shut them down and go to strictly a community-based service system.”

The governor “feels community-based programs are important,” DeCample said. “Oftentimes they can be the best option, and for families and for taxpayers, but in some instances we’re going to have to have the ability and the facilities to have these people in round-the-clock, very acute care situations.”

DeCample said the state Department of Human Services is reviewing the state’s human development centers to determine where improvements can be made and whether additional options for community-based care are available.

A spokesman for Attorney General Dustin McDaniel said the office have reviewed the latest filing and will defend the state against the allegations.

In March, Beebe ordered changes at Alexander Human Development Center in response to a DHS report that found deficiencies at the facility.

The governor directed Charlie Green, the state Development Disabilities Services commissioner, to assume temporary supervisory duties at the center. The center’s director was placed on paid administrative leave. Beebe also approved the hiring of independent experts to determine the long-term steps needed to improve care provided at the center.

There are six state-run human development centers in Arkansas which care for about 1,100 patients.