The Department of Justice today announced the results of an investigation into the state of Missouri’s violation of Title II of the Americans with Disabilities Act (ADA) by unnecessarily placing mentally disabled adults in nursing homes. The investigation also examined the role of guardians in such institutionalization.
The Department of Justice found that there was probable cause to believe Missouri violated the ADA by failing to provide community-based services necessary to keep mentally ill adults in the community, and found that the state improperly relied on guardianship, leading to people being admitted to nursing homes when community-based services would have been more appropriate for their needs.
“People with mental illnesses should not be confined to nursing homes because they cannot access the community-based services they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division protects the rights of people with disabilities to fully participate in their communities. States’ reliance on guardianship systems to act as a pipeline to nursing homes and to keep people from accessing community-based mental health services violates the ADA.”
The department’s investigation found that Missouri is failing to provide community-based mental health services to many people with mental illnesses who need them, including services such as:
Assertive Community Treatment, Case Management, Supported Employment, Mobile Crisis Response, Crisis Stabilization Services, Permanent Supported Housing, Peer Support, Supported Decision Making.
Instead, the state provides nursing home services for these people. Missouri could reasonably amend its system to remedy this violation by expanding community-based services and implementing processes to ensure that individuals receive those services rather than being placed in a nursing home.
Anyone with information regarding this matter is asked to contact the Department of Justice by leaving a voicemail at 833-610-1242 or by emailing [email protected]. The Department will host two virtual community meetings on Tuesday, June 25 at 6pm CST/7pm EST and Wednesday, June 26 at 12pm CST/1pm EST. The public is invited to attend to learn more about the findings. Please register to attend these meetings by clicking on the respective links. If you require an interpreter or accommodations to attend, please email [email protected].
Additional information about the Department of Justice’s Civil Rights Division can be found on the Division’s websites at www.justice.gov/crt/rights-persons-disabilities and www.ada.gov.
Please see the survey results report here.
Please see the notice here.