What laws are involved with the DOJ settlement of VA and intellectual disabilities

1. How do the everyday Human Rights we all have affect the adults with
Intellectual Disabilities?

2. Human rights are anything that is
entitled to everyone regardless
of residence, race, gender, etc.
States must take a position to
ensure human rights are enjoyed
by everyone.
Individuals should respect and
assist in the maintenance of
others’ human rights.
Born free & equal
Live in freedom & safety
To have these rights without
discrimination
To not be a slave
Not to be tortured
Equal use of the law
To be protected by the law
Avoid unfair detainment
Privacy
Go where we want as we wish
Marry & have a family
Possess your own things
To believe what we want
Fair wages for work
To not lose these rights

3. What is an Intellectual
disability
An Intellectual Disability is a limit on the functioning of
someone both intellectually and behaviorally
diagnosed prior to adulthood.
This diagnosis used to be called Mental Retardation
and can also be considered a Developmental Disability.
Developmental Disabilities are diagnosed before age 6.
A person with an intellectual disability can exhibit but
are not limited to:
Language barriers
Lack of understanding concepts such as money,
time, direction
Limited social skills, problem solving and coping
skills
Atypical reaction to schedules, routines,
understanding for safety

4. Segregation from society
Parents thought they had “imperfect”
children
Thought to have no worth or offering
Institutionalization
 Research testing
 Shock therapy
 Families told not to visit

5. 2008 started a mass investigation into the
treatment of individuals with ID while
institutionalized and the violations of human
rights and the compliance with the ADA
(Americans with Disabilities Act) and the
CRIPA (Civil Rights of Institutionalized
Persons Act)
The investigation was based on complaints of
family members concerned about their loved
ones

6. The five training centers (institutions) were
not integrating the residents as law required
The centers were not offering appropriate
community services
The centers had poor methods for integrating
people from the center to the community
permanently
Some people had never seen the world from
outside the institution's walls for more than
30 years

7. The most integrated services and settings will be put
into place to include high standard community based
options
By 2016 the individuals living in the training centers
must be transitioned into community based living
alternatives like group homes and apartments
There must be something in place to continually
monitor & evaluate the services for the individual and
by the provider
All of this must be done by 2020; however, Virginia has
agreed to meet deadlines between this time period
for things like closing the institutions

8. Individuals with ID have historically not been
afforded the same human rights that
everyone is entitiled
They were not given the opportunity to work
They were restricted from receiving the same
standards of living those
without the disabilities
have

9. LAW
Americans with Disabilities
Act (ADA)
Civil Rights of
Institutionalized Persons
ACT (CRIPA)
DETAILS
1990-anti-discrimination
law based on disability in
employment,
accommodations,
transport, communication
Attorney General can
investigate suspicions of
health & safety risks

10. LAW
Individuals with Disabilities
Education Act (IDEA)
DETAILS
Children must have access
to free education in the
least restrictive setting that
addresses their specific
need

11. Cost for alternative living to a training center
is almost $100, 000 less per person each year
Medicaid waiver slots will open 4, 170 over 10
years to accommodate to avoid burdening
family members which will move the 6, 000
others already on the waiver waiting list into
community based services faster as well
With a tighter inspection method the chances
of something like this happening again will be
decreased

12. The plans implemented for them is about them
and not what most benefit the facility
They have primary say in what they want to do
Self-esteem and dignity is uplifted due to the
feeling of being most important and treated
equally
They can take the same risks as anyone else by
getting jobs, making non-paid relationships and
participating in activities
Being integrated into the community has proven
to help with health & safety skill building as well
as growth in learning & interaction