Settlement Agreement Between the Commonwealth of Virginia and the U.S. Department of Justice
Introduction
Settlement Agreement
Transition to a Community-Based System
Updates
More Information
Order from Judge
Gibney in United States v. Commonwealth of Virginia
In August 2008, DOJ initiated an investigation of Central Virginia Training Center (CVTC) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In April 2010, DOJ notified the Commonwealth that it was expanding its investigation to focus on Virginia’s compliance with the Americans with Disabilities Act (ADA) and the U.S. Supreme Court Olmstead ruling. The Olmstead decision requires that individuals be served in the most integrated settings appropriate to meet their needs consistent with their choice. In February 2011, DOJ submitted a findings letter to Virginia, concluding that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting appropriate to their needs.
DOJ Findings Letter (February 10, 2011)
In March 2011, upon advice and counsel from the Office of the Attorney General, Virginia entered into negotiations with DOJ in an effort to reach a settlement without subjecting the Commonwealth to an extremely costly and lengthy court battle with the federal government. On January 26, 2012, Virginia and DOJ reached a settlement agreement. The agreement resolves DOJ’s investigation of Virginia’s training centers and community programs and the Commonwealth’s compliance with the ADA and Olmstead with respect to individuals with intellectual and developmental disabilities.
Major highlights include:
Expanding Community-Based Services
- Adds 4,170 new Intellectual Disability (ID) waiver slots over 10 years to transition individuals currently living in training centers to community services and to provide for continued growth of slots for individuals in the community who are on the waiting list for waiver slots
Supporting Quality Community-Based Services
- Strengthens quality and risk management systems for community services
- Expands the role of licensing specialists and the responsibilities of case management services
Transitioning from Training Centers
- Helps guide and support individuals moving from training centers to new homes by creating teams to facilitate communication and planning with individuals and families, and to resolve any problems delaying discharges
- Full Settlement Agreement (January 26, 2012)
- Governor McDonnell’s Announcement on the Settlement Agreement (January 27, 2012)
- Fact Sheet – Virginia’s Settlement Agreement with the U.S. Department of Justice (DOJ) and Proposed Plan to Implement the Terms of the Agreement
Virginia has provided a plan to the General Assembly to cease residential operations at four of Virginia’s training centers. The plan establishes a timeline for the closure of Southside Virginia Training Center in FY14, Northern Virginia Training Center in FY15, Southwestern Virginia Training Center in FY18, and Central Virginia Training Center in FY20. Southeastern Virginia Training Center will remain open at 75 beds. State officials will work with the legislative leadership to ensure that the plan is appropriately developed and responsibly implemented. State officials adhered to two overarching goals when considering these proposals and developing the plan: 1) To ensure the agreement results in the best possible outcomes for Virginians with intellectual and developmental disabilities, and 2) To ensure the agreement and plan are fiscally responsible.
Plan to Transform the System of Care for Individuals with Intellectual Disability in the Commonwealth of Virginia (February 13, 2012)
DOJ Settlement Agreement Information and Update #1 (March 19, 2012)
- Backgrounder: A Brief History and Background on Virginia’s Developmental Disability System
-
Order from Judge Gibney in United States v. Commonwealth of Virginia
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