Reports of Shortcomings in GA's Progress Towards Compliance with Settlement

In this review of articles published since the start of 2017, we've collected stories that expose the need for further state action towards the goals outlined in the settlement agreement.

AJC; April 10, 2017: Oversight lags as for-profit firms take on caring for the vulnerable

In this article, Alan Judd of the Atlanta Journal-Constitution examines the quality of care provided by the state-contracted care provider, ResCare. As the state transitions to full compliance with the settlement agreement, inpatients with developmental disabilities are transitioning to in-home care and group-home facilities, many managed by ResCare. But, as Judd reports, care provided by ResCare, a national for-profit company that is “the state’s largest provider of services for people with disabilities”, bears responsibility for various cases of abuse and severe neglect, some of which have resulted in deaths.


The Augusta Chronicle; April 30, 2017: State improving but concerns remain about care for patients moving out of Gracewood

In this article from The Augusta Chronicle, Tom Corwin reports on progress toward the community placement of developmentally disabled inpatients currently housed in the East Central Regional State Hospital. In order to satisfy the demands of the settlement agreement, over 200 patients living in East Central Regional Hospital must be placed in community care programs. Corwin reports, however, that the state has made slow progress towards this goal, and even at the current rate of progress, the state, in some cases, has failed to provide sufficient care for certain patients placed in the community.


Georgia Health News; May 2, 2017: Years after hospital closed, some former patients struggle for safe housing

In this article from Georgia Health News, Saleen Martin examines the struggle to find housing for patients transitioning into community based care in Rome, GA. In accordance with the settlement agreement, the Northwest Regional Hospital in Rome was closed in January 2011, and since the settlement was assumed in 2010, patients transitioning out of the hospital have sought safe and affordable housing. Martin, however, details obstacles many of these patients have faced, such as the limited availability of housing subsidies, overcrowding of group-home facilities and the hazards of living at certain properties. 

AJC; May 11, 2017: Deaths, delays paint grim picture of Georgia Mental health reform

In this article from the Atlanta Journal-Constitution, Alan Judd reports on issues facing an effective transition to full compliance with the settlement agreement. Among the issues Judd covers is the state’s failure to provide sufficient resources for patients transitioning to community based care. Judd reports on the limited availability of well-supported housing for patients with psychiatric disabilities, and he describes poor quality of care provided in group homes for patients with developmental disabilities (for more on group homes see AJC; April 10). Judd also mentions that advocates worry the Department of Justice, under new leadership, “may show little interest in enforcing Obama-era settlements such as the one with Georgia.”

The Philadelphia Tribune (reprint); May 12, 2017: Georgia still sending mentally ill people to homeless shelters

2017 Reports from the Independent Reviewer

Below we've provided links to three reports from the Independent Reviewer appointed to supervise the implementation of the Georgia DOJ Settlement Agreement. 

Report of the Independent Reviewer, March 24, 2017

Report on Discharges to Shelters, February 28, 2017

Supported Housing: Report of the Independent Reviewer, February 23, 2017

DOJ Files Complaint Over GNETS

In order to summarize GNETS developments from 2016, we've gathered news articles covering the progress of the lawsuit filed by the Department of Justice. We've also posted links to the letter of intent, press release and the complaint issued by the Department of Justice.

News Coverage

AJC; August 17, 2016: Feds will sue Georgia over segregated ‘psychoeducational’ schools

After eight months of unsuccessful negotiation, the Justice Department decides to sue the State of Georgia. Alan Judd reports on the issues under negotiation and the DOJ’s rationale for pursuing legal action.

AJC; November 2, 2016: States’ rights? Georgia seeks to dismiss federal suit over schools for disabled students

Alan Judd reports on the State’s defense against the DOJ’s complaint. As Judd explains, the state’s attorneys claim that the federal government does not have standing to sue under the Americans with Disabilities Act.

AJC; December 15, 2016: Delay in GNETS case not justified, U.S. says

The Department of Justice rebuts Georgia’s claim that the DOJ lacks standing, and they claim that resolving this dispute about standing will be excessively time intensive. Beyond this barrier to a timely resolution of the GNETS dispute, Judd notes that new leadership at the Department of Justice could entail further delay.

DOJ Documents

U.S. DOJ Letter of Intent to Sue, August 15, 2016: Re: United States’ Investigation of the Georgia Network for Educational and Therapeutic Support, D.J. No. 169-19-71

Press Release from DOJ; August 23, 2016: Justice Department Sues Georgia for Unnecessarily Segregating Students with Disabilities

Text of DOJ Complaint; August 23, 2016: U.S. v. State of Georgia (Georgia Network for Educational and Therapeutic Support Program) - Complaint

Atlanta Journal-Constitution Series on the GNETS

We're reviewing 2016 news coverage of the "Georgia Network for Educational and Therapeutic Support" or "GNETS". Here is a three part series written by Alan Judd for the Atlanta Journal-Constitution; the series details various concerning features of the "psychoeducational" schools.

Part 1; April 28, 2016: Georgia ‘psychoeducational’ students segregated by disability, race

“Schools send disproportionate numbers of black children to programs already under fire for ‘warehousing’ students with behavioral disorders.”

Part 2; May 5, 2016; In psychoeducational school, behavioral experiment for troubled child

“Educators wanted to subject Libby Beem to behavioral experimentation in Georgia’s unique system of psychoeducational schools. A courtroom showdown would determine Libby’s fate.”

Part 3; May 8, 2016; Physical restraint common at psychoeducational schools
“With a tiny sliver of students, special behavioral programs record five times more restraints than all other Georgia schools combined.”

2016 and 2015 Updates to DOJ v. Georgia Olmstead Settlement

DBHDD Links to Settlement Documents These are taken from DBHDD's Settlement website: Report of the Independent Reviewer September 19, 2016 Notice of Joint Filing of the Supplemental Report of the Independent Reviewer June 21, 2016 Joint Motion to Enter Extension of Settlement Agreement May 18, 2016 Overview of Extension of Settlement Agreement May 18, 2016 2015 Report of the Independent Reviewer Submitted by Elizabeth Jones, September 17, 2015 Georgia Supported Housing and Bridge Funding Submitted by Martha Knisley, September 14, 2015 Review of Crisis Services Submitted by Stephen Baron, September 12, 2015 Review of Supported Employment Services Submitted by David Lynde, August 6, 2015 Report for Georgia Assertive Community Treatment (ACT) Services Submitted by Angela Rollins, August 12, 2015 Supplemental Report in the matter of United States of America v. The State of Georgia March 17, 2015

DOJ Sent Governor Deal Findings that Georgia's Alternative Education System Violates ADA and Olmstead

United States Department of Justice Findings Letter involving GNETS

Court Monitor Issues DOJ Olmstead Settlement Report

Report critizes state's overdue patient transfers by Andy Miller September 21, 2015, Georgia Health News

Article on Massive Problems that Remain in Georgia's Mental Health System

Read Misty Williams's article in the AJC The Invisible Epidemic: Poor and Mentally Ill in Georgia

DBHDD Institutes New Vision and Mission Statement

DBHDD unveiled new vision and mission statements this week emphasizing the agency’s commitment to providing high-quality care to people with behavioral health challenges and intellectual and developmental disabilities. Vision Easy access to high-quality care that leads to a life of recovery and independence for the people we serve. Mission Leading an accountable and effective continuum of care to support people with behavioral health challenges, and intellectual and developmental disabilities in a dynamic health care environment. “At every level of our work, we are committed to providing easy access to high-quality care,” said Commissioner Berry. “The new vision and mission statements reflect the work we have focused on for the last several years.” This marks the first change to DBHDD’s vision and mission statements since the agency was created in 2009.

Latest Article on Settlement

State: Won’t meet Justice Department Deadline by Andy Miller from February 20, 2015

Find out about the ASO because it is critical to future of Olmstead in Georgia

Follow this link to learn about DBHDD's ASO It is going to do the work of quality management, contract or run GCAL, and gather data. Here is a power point to understand it all (or to begin to understand it).

MFP Stakeholder Meeting January 16th!

What: Invitation to attend a Focus Group Discussion about Your Experience in Money Follows the Person

When: Friday, January 16, 2015, 1 – 3 PM

Where: The Georgia Advocacy Office (GAO), 150 East Ponce De Leon Avenue, Decatur, GA 30030.

More about the Focus Group Discussion –

During the focus group, you will be asked to discuss your experience with MFP.  By participating, you will share some information about yourself and your experiences with MFP.  There is no direct benefit to you for participating and there are no foreseeable risks.  The results of this focus group discussion will be used to improve MFP and help us determine the future of MFP in Georgia. Your participation is strictly voluntary. 

For more information or to register to attend, you can contact Cheri Mitchell at The GAO at (404) 885-1234 or RL Grubbs at the Dept of Community Health at (404) 657-9323.

If you need an interpreter, alternate formats, or other accommodations for participation in the focus group discussion, please contact Cheri Mitchell or RL Grubbs as soon as possible so proper arrangements can be made. We look forward to meeting with you at the focus group discussion.

New Olmstead Rights Website

OlmsteadRights.org is all about Olmstead v. LC

Olmstead, or Olmstead v. LC, is the name of the most important civil rights decision for people with disabilities in our country's history. This 1999 United States Supreme Court decision was based on the Americans with Disabilities Act.  The Supreme Court held that people with disabilities have a qualified right to receive state funded supports and services in the community rather than institutions when the following three part test is met:

1. the person's treatment professionals determine that community supports are appropriate;
2. the person does not object to living in the community; and
3. the provision of services in the community would be a reasonable accommodation when balanced with other similarly situated individuals with disabilities.

To learn more about Olmstead, visit the new OlmsteadRights.org website.

Learn about What is Happening with Georgia DOJ Settlement

The Georgia Department of Behavioral Health and Developmental Disabilities has links to all of the main documents related to the current status of the Georgia/DOJ Olmstead v. LC Settlement.

You can find the Independent Reviewer's most recent report here.

DBHDD Issues White Paper

White Paper on Housing for People with Developmental Disabilities and Behavioral Health Needs by DBHDD

Executive Summary of DBHDD White Paper

Justice Department and Texas Reach Interim Olmstead Settlement

August 19, 2013 Press Release Texas and Justice Department Olmstead Settlement

PBS ADA/Olmstead Report from August 7th

PBS NewsHour Aug. 7, 2013 Limited Funds, Lingering Bias Has Delayed States' ADA Compliance

Judge Markle's Fantastic Article on Olmstead from the Atlanta Business Chronicle April 19, 2013

A landmark case we should celebrate

Judge Todd Markle

Next year marks the 15th anniversary of a landmark U.S. Supreme Court opinion on civil rights. The Olmstead decision is often compared to Brown v. Board of Education in its significance yet it remains largely unknown to the public, its mandate perhaps “more honored in the breach than the observance.”

Odds are, most of us will be touched by the reach of Olmstead in the years ahead so its requirements are worth note. Its proscriptions against discrimination of persons with disabilities are worth celebrating.

The story of Olmstead dates back to 1990 when the senior President Bush signed the Americans with Disabilities Act. In announcing that it was time for “the shameful walls of exclusion” to come tumbling down, President Bush observed that “every man, woman and child with a disability can now pass through once-closed doors into a bright new era of equality, independence and freedom.”

Just as with implementation of Brown, however, the thick walls of discrimination against the disabled were slow to fall.

The Olmstead case itself originated in the Atlanta courtroom of Judge Marvin Shoob as an effort to enforce the ADA’s integration mandate requiring provision of government services in the most integrated setting consistent with individual need. The Atlanta Legal Aid Society brought the suit on behalf of two Georgia women who were being unlawfully segregated when they were confined to institutions in order to receive medical services. The case ultimately reached the highest court in the land.

In its 1999 decision, the Olmstead Court held that individuals with disabilities have a right to receive services in their homes and communities. The Court aptly noted Congress’ concern when it passed the ADA that segregation of individuals with disabilities is a serious and pervasive form of discrimination. After Olmstead, there can be no doubt that men and women who currently live in nursing homes and institutions have the right to return to their homes and communities. Many have done so while others have avoided institutionalization altogether.

Nevertheless, implementation of the Olmstead mandate around the country has been slow and uneven. Citing the lack of financial resources, some states have resisted voluntary compliance with the Olmstead directives. Others have bowed to political pressure from special interests and continued to invest in outdated and obsolete institutions. To meet its obligations, Georgia has a full-time Olmstead coordinator who is charged with the responsibility of implementing Georgia’s obligations arising from the decision.

Although change is often difficult and no doubt involves front-loaded expense to cash-strapped state governments, full compliance with Olmstead will ultimately prove cost-effective. Studies demonstrate what should otherwise be obvious: The cost of community care is a fraction as that of institutional treatment. Moreover, the outcomes from community care are far better than traditional segregation through institutionalization. It is worth noting that many of the evidence-based research findings that helped drive the Criminal Justice Reform Council’s recommendations are equally relevant on the issue of treatment and care of the disabled. Regardless, Olmstead is the law of the land and compliance is not optional.

As the Olmstead anniversary approaches, we should celebrate the end of yet another distasteful chapter of discrimination in our collective history. Under Olmstead, each of us now has a right to receive disability services in our homes and communities rather than in dehumanizing institutions. Olmstead has given new life to thousands of Americans with disabilities. As Brown brought the end of segregated public education, Olmstead brought the end of segregated disability services.

Future generations undoubtedly will ask, what took so long?

Markle is a judge on the Superior Court of Fulton County and will be the judge of the new Fulton Veterans Court. Prior to his appointment to the bench, he served as executive counsel to Gov. Nathan Deal. Judge Markle chaired the Criminal Justice Reform Council in 2011 and remains a member by the designation of Gov. Deal.

Landmark Olmstead Settlement in New York!

Landmark Settlement for New York City Adult Home Residents

Scattered-Site Housing, Community Services Enable Independence, Integration

NEW YORK—July 23, 2013—Lawyers for adult home residents, together with the U.S. Department of Justice, reached a landmark settlement with New York State. The settlement ensures that thousands of residents of 23 large “adult homes”—board and care homes serving primarily people with mental illnesses—will have the opportunity to live in their own homes with the services they need to succeed and be participants in their communities.

Click here to read the rest from Bazelon's press release

Senate Issues Report On Olmstead and Long Term Community Supports

Senate Olmstead Report

Disability Scoop story on Senate Olmstead Report