19 May 2012

NC Faces Potentially Massive Legal Settlement Over Housing for Mentally Ill

May 16, 2012

From NC Health News by Rose Hoban

Negotiations with the US Department of Justice over North Carolina’s use of Adult Care Homes to house mental health patients are reaching a head after a year of negotiations. And the tab is likely to be large for the state.

The situation dates back to 2010, when Disability Rights North Carolina wrote to the US Department of Justice, complaining about the state’s use of adult care homes to house thousands of people with mental health disabilities. Disability Rights alleged the state’s way of housing these mental health consumers was ‘biased’ towards putting people in institutions, such as adult care homes, rather than helping them move out into the community, as required by law.

“Right now what’s happening to those folks, is that they’re in a placement, where they’re getting no treatment, and there are no incentives to move them out,” said Vicki Smith, head of Disability Rights.

Federal officials investigated early last year and concluded in June, 2011 that North Carolina policies were in violation of the Americans with Disabilities Act. The DOJ also found that North Carolina had failed “to develop a sufficient quantity of community-based alternatives for individuals with mental illness.”

State officials have been negotiating with federal officials since.

“I was pretty optimistic about what I was hearing about moving forward,” Smith said about the discussion in Tuesday’s hearing. “There is at least an acknowledgment that the pattern of practice needs to change.”