If West Virginia does not comply with the agreement, it could be subject to legal action. Prior to the agreement, the parties asked these questions as part of La Disability Advocates v. Paterson, before the District Court and before the U.S. Court of Appeals for the Second Circuit. In this case, the U.S. District Court for the Eastern District of New York ruled that New York State officials and authorities discriminated against thousands of people with mental illness by managing the state`s mental health system in a way that separated them into large adult institutional homes and denied them the opportunity to obtain services in a more integrated environment. that met their needs. Stuart called the agreement, which contains a memorandum of understanding linking the state to these plans, a pioneering agreement for his office and the children and families of West Virginia. The transaction agreement was approved on December 29, 2015 by Oregon District Judge Janice Stewart, who presides over the lawsuit.
“This is a substantial and pioneering agreement. It took a long time and its effects will still be felt by generations,” said Mike Stuart, U.S. Attorney for the Southern District of West Virginia. “When I became a U.S. prosecutor, this case had suffered for more than four years without agreement. An agreement seemed unlikely and sometimes almost impossible. Today`s agreement reflects a genuine shared commitment by the Department of Justice and the State of West Virginia to children and families, as well as a spirit of good faith and mutual respect between me and Minister Crouch. There is no doubt that today`s real winners are the children and families of West Virginia. The agreement requires Georgia to expand community services to allow people with mental illnesses and developmental disabilities to receive assistance in a more integrated environment that meets their needs.
The agreement provides, in particular for people with developmental disabilities, that Georgia suspend all permits for access to state-run institutions; Transfer all people to the most integrated settings that meet their needs by July 1, 2015; Create more than 1,100 stays at home and in the community to serve people in the community; serve those who receive exemptions in their own home or in their family`s home, in accordance with the individual`s informed decision; Support for families, mobile crisis teams and crisis pauses. Under the agreement, Delaware will create a comprehensive communal crisis system that will serve as a gateway to the state`s mental health system, including a crisis hotline, mobile crisis teams capable of reaching someone in the state in an hour, two accessible crisis centers and short-term stabilization units. The agreement also requires the state to provide intensive community treatment by 11 Assertive Community Treatment (ACT) teams, 4 intensive case management teams and 25 targeted case managers.