HHS Office for Civil Rights Works with Alabama to Help Young Adult with Autism Move from a State Institution to a Home in the Community

Settlement Marks the 4th Voluntary Resolution in OCR’s Olmstead Initiative to Support Integration of Persons with Disabilities in Community Life

Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced a successful resolution with the State of Alabama’s Department of Mental Health to address a civil rights complaint alleging unnecessary institutionalization of a person with disabilities.  The resolution stems from OCR’s work to facilitate a problem-solving process between Alabama and the complainant, whose grandson has developmental and behavioral health disabilities, including autism.  Her grandson grew up in his family’s home but was then confined to various State hospitals over the course of two years because the State allegedly failed to provide him with services necessary for him to live in the community.

OCR enforces disability rights laws, such as Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and Section 1557 of the Affordable Care Act.  Under these laws, and the 1999 Supreme Court’s Olmstead v. L.C. decision, states must administer their services to people with disabilities in the most integrated setting appropriate to their needs.  The actions taken by the State of Alabama’s Department of Mental Health ensured that this young man could return from the State hospital to live in the community with necessary supports in place.  The State hospital where he was confined was involved in federal litigation in the 1970s that played a pivotal role in establishing the rights of individuals with developmental and behavioral health disabilities: a legal development that ultimately contributed to the Olmstead decision.

 “Every individual deserves the chance to live and participate fully in their communities as envisioned by the Supreme Court’s Olmstead decision and federal laws that incorporate the decision,” said Acting OCR Director Anthony Archeval.  “Today’s announcement, during National Autism Acceptance Month, recognizes the rights of people with autism and that when integrated, they can meaningfully contribute to their communities.”  

As a result of OCR’s facilitated discussions, the State of Alabama took the following actions to resolve the complaint:

• Assessed his individualized needs to return to live in the community with necessary supports. 
• Developed a comprehensive transition plan for integrating into the community.
• Located a community placement that could accommodate his needs.
• Facilitated a safe and smooth transition back to the community with staff trained in how to support his needs.

A copy of the Memorialization of Corrective Actions may be found here: https://www.hhs.gov/sites/default/files/ocr-olmstead-al-mental-health-agreement.pdf

The State of Alabama has agreed to a six-month monitoring period to report to OCR on the adequacy of continuing services to support the community placement, and a mechanism for the individual and his grandmother to report and resolve any issues that arise.  In addition, OCR will partner with Alabama to provide technical assistance to continue to work on creative ways to expand community services so that more individuals can return from State hospitals to the community.  

This resolution marks the fourth facilitated voluntary state corrective action in OCR’s Olmstead Initiative.  This initiative focuses on providing technical assistance and working with states to take corrective action and ensure individuals with disabilities who are institutionalized, but wish to return to their homes and communities, can do so.  It also supports individuals who are at serious risk of institutionalization receive necessary community supports to live meaningful lives, avoid institutionalization, and become contributing members of their communities.

OCR is committed to working with states to help them meet their legal obligations under federal laws to give individuals with disabilities the right to live in the most integrated setting appropriate to their needs and avoid unnecessary institutionalization.  If you believe that your or another person’s civil rights have been violated, you can file a complaint with OCR at: https://www.hhs.gov/ocr/complaints/index.html.

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