"We have concluded that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting appropriate to their needs in vioaltion of the ADA"
The letter was prompted by a Justice Department investigation that started during the Kaine administration. The investigation began by reviewing the Central Virginia Training Center but expanded to the entire state as questions arose as to the Commonwealth's compliance with the ADA and the Supreme Courts ruling in the Olmstead case.
The findings in the letter include the following:
Individuals with intellectual and Developmental Disabilities Are Unnecessarily Institutionlized at CVTC and Other Training Centers
Invidiuals at CVTC and the Other Training Centers Could be Served in More Integrated Settings
Under recommendations for remedial measures the letter states, "the Commonwealth must increase community capacity by allotting additional waivers and expanding communisty services to serve individuals in or at risk of entering the training centers. A sufficient number of waivers - far more than what the Commonwealth has currently budgeted - must be available to address both individuals confined to the training centers and those on the waitlist in the community."
This letter is of particular importance because of the long waitlist for both the ID(Intellecutally Disabled) and the DD (Developmentally Disabled) Waiver programs.
In the next blog we will see what progress the Commonwealth made for the elderlly and disabled community in the recent legislative session.