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Olmstead is a 1999 U.S. Supreme Court decision that
is often misquoted or misrepresented by those who promote closure of all institutions. While emphasizing that some people
require an institutional setting, the Olmstead decision points out that unjustified institutionalization is a form of segregation
and, therefore, is unlawful. But Olmstead does not require closure of institutions, nor does it state that persons residing
in institutions must be moved to the community. In fact, Olmstead acknowledges the need for family input and CHOICE. Accordingly,
the Court ordered states to provide community-based services for people with mental disabilities when:
1) the state's
treatment professionals determine that a community placement is appropriate,
2) the person affected does not oppose a community
placement, and
3) the placement can be reasonably accommodated, taking into account the resources available to the state
and the needs of others with mental disabilities.
BUT THOSE WHO PROMOTE CLOSURE OF ALL INSTITUTIONS OFTEN MISQUOTE
OR MISREPRESENT THE TOTAL MESSAGE IN THE OLMSTEAD DECISION. There are those people who argue that Olmstead mandates the closure
of all "institutions." These folks do not acknowledge the Olmstead words emphasizing that, for some people, a community placement
is not appropriate, and they would like to disregard the right of an individual to refuse a community placement. They also
overlook the possibility that, because of the "community's" limited direct-care capacity , a significant number of people
being moved from "institutions" to the "community" might deprive others who are on the waiting list from receiving desperately
needed services.
YOU SHOULD BE FAMILIAR WITH THE MUCH OMITTED SECTION OF THE OLMSTEAD DECISION THAT STATES, "We emphasize
that nothing in the ADA or its implementing regulations
condones termination of institutional settings for persons unable
to handle or benefit from community settings . . . Nor is there any federal requirement that community-based treatment be
imposed on patients who do not desire it." 119 S.Ct. 2176, 2187 (1999).
In addition, VOR has an Olmstead Resource link
on its website that some folks may find helpful: http://www.vor.net/olmstead_resources.html
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