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.”