Nicole Hopper
University of Phoenix
On June 22, 1999, the Supreme Court ruled to uphold the Olmsted decision and affirmed the right of individuals with disabilities to live in their community. Under Title II of the Federal Americans with Disabilities Act, “states are required to place persons with mental disabilities in community settings rather than in institutions when the states treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others with mental disabilities”(Justice R. Ginsburg, Olmstead decision). Under this act, institutionalized individuals now have the choice on whether to stay in their current facility or to move out into the community. After the Olmstead decision, the U.S. Department of Health and Human Services recommended that each state develop its own “Olmstead Plan” to ensure compliance with the Supreme Court’s decision. This decision has challenged Federal, State, and local governments to find more opportunities for individuals with disabilities through additional accessible and cost-effective community-based housing. There are many challenges that an individual with disabilities faces when they move from an institutional setting into the community. Our non-profit organization, Welcome Home Inc. will assist those individuals in transitioning from an institutional setting to their own home in the community. Here, these individuals will be rehabilitated from an institutional living perspective to a community living perspective through a range of services and opportunities that will allow them to have more control over their own lives. We are fighting so that people with disabilities can live in the community, in their own home, instead of having to live in
References: Supreme Court Upholds ADA ‘Integration Mandate’ in Olmstead decision. Retrieved from www.accessiblesociety.org/topics/ada/olmsteadoverview.htm Introduction to Olmstead Lawsuits and Olmstead Plans. Home and Community-Based Services: Introduction to Olmstead Lawsuits and Olmstead Plans. Alice Wong & Charlene Harrington. May 2013. Retrieved from www.pascenter.org/state_based_stats/olmstead The State of Housing in America in the 21st Century: A Disability Perspective. January 2010; Pages 6-12. Retrieved from www.ncd.gov Access Living: The State of Housing for People with Disabilities. October 3, 2008. Retrieved from www.accessliving.org The White House. President Obama Commemorates Anniversary of Olmstead and Announces New Initiatives to Assist Americans with Disabilities. June 22, 2009. Retrieved from www.whitehouse.gov The White House: Disabilities and the Affordable Care Act. Retrieved from www.whitehouse.gov/issues/disabilites