Virginia's Settlement Agreement

WHAT IS VIRGINIA'S SETTLEMENT AGREEMENT?

In 2008, the U.S. Department of Justice (DOJ) opened an investigation of Central Virginia Training Center (CVTC), one of Virginia’s state facilities for persons with developmental disabilities, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). DOJ expanded its investigation in 2010 to focus on Virginia’s compliance with the Americans with Disabilities Act (ADA) and the U.S. Supreme Court Olmstead ruling. The Olmstead decision requires that individuals be served in the most integrated settings appropriate to meet their needs consistent with their choice. In February 2011, DOJ submitted a findings letter to Virginia, concluding that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting appropriate to their needs.

In March 2011, upon advice and counsel from the Office of the Attorney General, Virginia entered into negotiations with DOJ in an effort to reach a settlement without subjecting the Commonwealth to an extremely costly and lengthy court battle with the federal government. On January 26, 2012, Virginia and DOJ reached a settlement agreement. The agreement resolves DOJ’s investigation of Virginia’s training centers and community programs and the Commonwealth’s compliance with the ADA and Olmstead with respect to individuals with intellectual and developmental disabilities.

To read the settlement agreement click here for a pdf of the actual agreement.

WHO IS IN VIRGINIA’S SETTLEMENT AGREEMENT?

The Settlement Agreement’s target population for housing includes Virginians with developmental disabilities age 18 and older who are in one the following categories:

Living in a training center, intermediate care facility, skilled nursing facility or group home & eligible for the Medicaid DD Waiver
Receiving Medicaid DD Waiver services
On a waitlist for Medicaid DD Waiver services

WHAT DOES THE SETTLEMENT AGREEMENT SAY ABOUT HOUSING FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES?

The Settlement Agreement affirms people in the target population have a right to integrated, independent housing options. Individuals have the right to:

Be informed of less restrictive community living options
Be Placed in the least restrictive setting consistent with their need and choice
Live in smaller, more person-centered settings
Have more choice, control and flexibility (e.g., individuals can choose and change their housing providers, their service providers, their housemates, etc. instead of being limited to a residential “program”)
Access the same kinds of housing and housing assistance that other citizens do