(DOWNLOAD) "DOJ Finds Virginia Violates Ada/Olmstead (United States Department of Justice)" by Developments in Mental Health Law # Book PDF Kindle ePub Free
eBook details
- Title: DOJ Finds Virginia Violates Ada/Olmstead (United States Department of Justice)
- Author : Developments in Mental Health Law
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The Civil Rights Division of the United States Department of Justice notified Governor Robert F. McDonnell by letter dated February 10, 2011 of the findings that Virginia is violating the Americans with Disabilities Act as interpreted by the United States Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), htttp://www.justice.gov/crt/about/spl/documents/cvtc_findlet_02-10-2011.pdf. DOJ wrote: "The inadequacies we identified have resulted in the needless and prolonged institutionalization of, and other harms to, individuals with disabilities in [Central Virginia Training Center] and in other segregated training centers throughout the Commonwealth who could be served in the community." DOJ faults Virginia for its reliance on "unnecessary and expensive institutional care" which has led not only to these civil rights violations, but also "incurs unnecessary expense." In August 2008, DOJ notified then-Governor Kaine of its intent to conduct an investigation into the quality of services and treatment at CVTC under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. [section] 1997. CRIPA was enacted in 1980 to authorize DOJ to investigate what was then described as squalid conditions in state-operated facilities for persons with mental illness and intellectual disabilities and to take remedial action to force states to provide an acceptable level of care and treatment as later established under Youngberg v. Romeo, 457 U.S. 307 (1982). CRIPA also covers conditions in state and local prisons and jails, juvenile correctional facilities and nursing homes, but does not authorize investigations at private facilities. CRIPA only permits DOJ to investigate systemic constitutional and federal law violations (hence the ADA violations found), but not individual complaints. DOJ investigated four Virginia psychiatric facilities and one training center in the 1990s.