DEINSTITUTIONALIZATION

The Council adopted a policy on deinstitutionalization in May 1992 and added an addendum in May 1999. The Council subsequently adopted a revised policy in May 2003. When adopted, this policy replaces all previously adopted policies on deinstitutionalization.

BACKGROUND

Since the addendum was adopted there have been two important developments concerning the rights of people with developmental disabilities to placement in the community, one in Federal Law and one by the United States Supreme Court.

The Developmental Disabilities Act Amendments of 2000 state "that it is the policy of the United States that … individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individualized supports, and other forms of assistance."

The Supreme Court, in Olmstead v. L.C., 527 U.S. 581 (1999), ruled that people residing in institutional settings who wish to live in less restrictive settings have a right to do so under the Americans with Disabilities Act when the state's treatment professionals agree that such placements are appropriate and when they can be reasonably accommodated in the community. That decision encourages each state to develop a plan to provide those institutional residents with the opportunity to live in the community.

POLICY

It is the policy of the NJ Council on Developmental Disabilities that the policy spelled out in the Developmental Disabilities Act Amendments of 2000 and reinforced in the Olmstead decision become the official policy of the State of New Jersey and be implemented equitably and expeditiously by all of its agencies serving people with developmental disabilities.

Specifically, it is policy of the Council that it is against the interests of the State and its citizens and a violation of individual rights to continue to institutionalize a person with developmental disabilities when the State’s treatment professionals determine that a less restrictive placement is appropriate for the individual and the affected person desires a less restrictive placement.

RECOMMENDATIONS

Therefore the Council calls upon the State to identify all residents of its developmental centers, nursing homes, and psychiatric hospitals who wish to live in a less restrictive setting and for whom community placement is deemed appropriate by treating professionals. The Council further calls upon the State to develop and implement a plan that will enable such individuals to be placed in the community as expeditiously as possible.

The Council recognizes that the supports that many residents of developmental centers, nursing homes, and psychiatric hospitals need to live in the community do not exist in sufficient number. It therefore calls on the State to include in its plan provisions to transfer funds from the institutions to the community as the population of institutions declines. The Council further calls upon the State to integrate and supplement those resources with the generic supports available in the community and to aggressively pursue additional resources.

The Council also recognizes that further exploration is needed in the State of how best to serve people with the most severe developmental disabilities in the community. The Council calls upon all interested parties to participate in a dialogue that will address the development of sufficient and appropriate supports and protections for individuals with the most severe disabilities and will dedicate resources to support that dialogue.

Finally, the Council recognizes that the transition of developmental center residents to the community consistent with this policy will significantly reduce the need for developmental centers and that such reduction will continue when consensus is reached on how to design and develop community supports for residents with the most severe disabilities. The Council therefore calls upon the State to include in its plan provisions for phasing out those centers that are no longer needed