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Gran, J. (2003) Olmstead: reclaiming institutionalized lives . Public Interest Law Center of Philadelphia for the National Council on Disability.
Abstract
The purpose of this report was to provide an in-depth look at the Olmstead case and how states should interpret the case. It also showcases good practices highlighted in 10 states that the report does an analysis on.
The report gives details of the Olmstead case, case law applying and interpreting Olmstead, summarizes federal and state activity in response to Olmstead (including a summary of each state’s activity pre and post-Olmstead and all the Federal guidance provided) and gives in-depth analysis of 10 state Olmstead plans. It draws on interviews with disabled people to describe the key barriers to integration and notes the role different advocacy organizations have played in stimulating the response to Olmstead.
It outlines evidence of effectiveness and good practice in community services, noting the key lessons learned in relation to; good practice in Olmstead planning, overcoming incentives to unnecessary institutionalization, identification and transition of people with disabilities from institutions, use of funds to finance transition costs and start-up of community services, housing strategies, single point of entry systems, increasing community integration beyond de-institutionalization, and self-determination.
It concludes with 16 key findings (such as plans do not consistently provide opportunities to live in the most integrated setting as people with disabilities would define it, few plans consider people in institutions such as board and care facilities, few plans identify systemic barriers to community placement or state action steps to remove them and advocates have successfully used state legislatures to jump-start the planning process). Finally, the report makes recommendations to the government on how it can address those findings.
Obtain the Full Version
The report can be found on the National Council on Disability website. The link is below. Published on the Web
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