The Olmstead Act and North Dakota budget cuts

Recently the US DOJ (Dept. of Justice) conducted a series of public meetings that were centered on telling people about the Olmstead Act, and what that law means to people with disabilities. The Olmstead requires that the state meet certain needs. 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. You can read more here: http://www.ada.gov/olmstead/index.htm (See below for more information and another link.)

Recent budget cuts in ND have affected providing these services.

If you are concerned about this, you may share your story about inequities and/or difficulties receiving services with the DOJ. If enough letters are received, they will open an investigation.

You may send your story to:
Nicholas Lee
Trial Attorney
Disability Rights Section
Nicholas.lee2@usdoj.gov
202-305-0369

Additional information:
In Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176 (1999) (“the Olmstead decision”), the Supreme Court construed Title II of the Americans with Disabilities Act (ADA) to require states to place qualified individuals with mental disabilities in community settings, rather than in institutions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the state can reasonable accommodate the placement, taking into account the resources available to the state and the needs of others with disabilities. The Department of Justice regulations implementing Title II of the ADA require public entities to administer their services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.
You can read more here: http://worksupport.com/resources/printView.cfm/376

This entry was posted in Uncategorized. Bookmark the permalink.