U.S. District Court rules that Illinois is "Out of Compliance"

On June 6th, 2018, U.S. District Court Judge Sharon Johnson Coleman reiterated an earlier ruling that Illinois is "Out of Compliance" with the Ligas Consent Decree.  The Ligas Consent Decree, finalized in 2011, requires the state to provide provide community-based living services for individuals with intellectual and developmental disabilities as an alternative to state funded Intermediate Care Faclities, which are similar to nursing homes. 

While Illinois has made attempts to meet the decree's requirements, attorneys from Equip for Equality and the ACLU filed a motion in 2017 stating that the state has failed to provide the resources necessary so that people with disabilities could access the required community based residential services.

In this ruling, Judge Coleman cited her previous findings that showed Ilinois has not kept pace with the increasing costs of operating group homes in the community.  As a result, wages have stagnated, creating a staffing crisis that impacts the ability of providers to hire sufficient staff and expand services to meet the needs of individuals covered under the decree.

Judge Coleman noted the difficult financial situation of the State and indicated that she does not have the authority to order the state to provide the needed resources.  However, based upon the evidence submitted, Coleman ruled that Ilinois is in violation and ordered the state to come up with a better long-term plan to meet the requirements of the Ligas Consent Decree.

Judge:  State 'woefully short' on pay for caregivers of developmentally disabled
Chicago Sun Times, June 7th, 2018

June 6th, 2018, Ligas Ruling

Federal Judge orders Illinois to find way to pay for disability services program
Chicago Tribune, August 15, 2017

Ligas Order Granting Motion to Enforce      April, 2017 Equip and ACLU Federal Complaint

Advocates ask federal judge to order more state resources
for developmentally disabled care
Capitol Fax 4-10-2017

Illlinois Fails to support disability services
Chicago Tribune, 1-29-2017

1-20-2017 Monitor's Report     1-7-2016 Monitor's Report

June 15, 2011 Ligas Press Release

Related Issues

 

Copyright 2018  -   Avenues to Independence  -  All rights reserved