Judge's Verdict: NY is Violating the Americans with Disabilities Act.

The Judge was Nicholas G. Garaufis of Federal District Court in Brooklyn. The verdict was that the state of New York was violating the Americans With Disabilities Act. More than 4,000 people with mental illnesses had been in more than a couple of dozen adult homes in New York City. The problem is that there are few differences between adult homes that are privately run and psych hospitals of years ago at least the ones looked at in NYC. The privately run homes it seems were as institutional as the state run homes. Residents had very little opportunity to get out into the real world and the community around them.

New York was sued by a nonprofit group, Disability Advocates, that asked Judge Garaufis to tell state officials they could no longer direct people with mental illnesses into adult homes. Although Judge Garaufis didn't do exactly that he did tell New York to submit a plan by the middle of next month that would remedy this problem

New York will have to find apartments or homes for all residents (adults) in the privately run "institutions" who wanted to move. The residents cannot be dangerous to others or themselves in order to be eligible to move.

Judge Garaufis wrote that adult homes were "segregated settings" that kept residents from integrating their lives into the day-to-day rhythms and rituals of neighborhoods. He said the state had "denied thousands of individuals with mental illness in New York City the opportunity to receive services in the most integrated setting appropriate to their needs."

He also wrote, "To the extent that mental health programs or case management aim to teach independent living skills, like cooking, budgeting and grocery shopping, residents have little or no opportunity to practice these skills in their present living situation." Source

The people who make up Disabilities Advocates are, of course, thrilled with the decision. It does beg the question about the rest of the country and the cost to the states. As a former social worker I am well aware of the disaster the deinstitutionalization of the mentally ill was. There were far too few places built to house people who often ended up in the streets. I understand the position of the Disability Advocates and respect the Judge's ruling but wonder what is next. I do wonder if these 4300 people's lives will truly be improved.

I worked in privately run homes and disagree that these homes were seen as psychiatric institutions by the community and that they were run like psychiatric institutions. The ones in which I worked housed anywhere from 8 to 12 people in houses that from the outside looked just like the neighbors' homes. The residents were free to come and go. Many people worked and I remember one had a car. The degree of their disabilities determined where they lived i.e. those unable to take their own medications or those who were actively psychotic lived in a home that was "manned" 24 hours a day.

Disability Advocates said that some residents could live in supported housing, with mental health workers giving them the services they need. I am not sure what the difference between this and the privately run facilities in NYC are. . Apparently they must be like warehouses. Perhaps New York City should take a look at Massachusetts' suburban homes and use them to figure out how to allow people to have their dignity. I believe the Judge knows best in this case and since I have not seen the NYC housing I am going out on a limb by thinking the homes are atrocious

There was a five-week trial in May and June which culminated in the Judge's decision. Advocates, present and past officials from the state mental health system, other experts, and adult-home residents testified.

One problem the Judge had was the fact that the phones may have been answered in a way that told the caller where the resident lived. There were also visiting hours rather than an open door policy for family and friends.

Sources

New York Times
Associated Press