Delaware 2003 | advancingstates.org

<H3>Delaware</H3>   <H4>Task Force</H4> Advocacy organizations believed there was a need to jump start Delaware's compliance with the requirements under the Olmstead decision. Therefore, advocates and advocacy agencies in the state sought to begin a dialogue during the first six months of 2002 to create some type of broad stakeholder driven planning process to develop a strategy for meeting obligations under the Americans with Disabilities Act (ADA) and the Olmstead decision and to provide services to people with disabilities in the most integrated setting possible. Although this process was initiated by the State Council for Persons with Disabilities and actively supported by the Developmental Disabilities Council and other disability advocacy groups, the state did not commit to implementing such a collaborative planning process. Thus, advocacy groups approached members of the General Assembly seeking their support for a legislatively created commission to begin that coordinated and all-encompassing approach toward ensuring compliance with the ADA. On the last night of session of the Delaware General Assembly, June 30, 2002, the House of Representatives passed House Resolution 90 that created the \"Commission on Community-Based Alternatives for Persons with Disabilities.\" No sooner had the Commission undertaken its work, then it was faced with an immediate, and potentially insurmountable, hurdle. The State of Delaware, as a Defendant in the litigation (by the Arc of Delaware, the Homes for Life Foundation and Delaware People First, along with a number of individual plaintiffs, filed suit on April 8, 2002 against the State of Delaware) had been advised by its outside law firm, that active participation on the Commission \"would be harmful to the state's interests\" in the defense of the Delaware Action. Based on that advice of counsel, the state directed that its primary officials who oversee Delaware's services to persons with disabilities and who had been requested to serve as members not participate in the Commission. Despite this major setback, the remaining members of the commission voted to proceed and to carry out their mandate under the House Resolution. The commission is made up of approximately 30 stakeholders. Representatives from advocacy groups, consumers, service providers and invested individuals worked together to develop the Commission for Community-Based Alternatives Report. The Report is in draft form and is due to be presented to the Joint Finance Committee during the first week of March 2003. On another note, the Delaware Health and Social Services released The State of Delaware's Plan for Community-Based Alternatives and \"Olmstead\" Compliance in October 2002. It can be located at <A HREF=\"http://www.state.de.us/dhss/admin/cbaolmstead.txt\">http://www.state.de.us/dhss/admin/cbaolmstead.txt</A>. This document does not contain any recommendations or clear strategies. This report appears to merely provide an overview of the state's progress in providing community-based alternatives and transitioning people with disabilities. In addition, it does not consolidate the three division plans of the Delaware Department of Health and Social Services (DHSS)-1) developmental disabilities and mental retardation, 2) elderly and people with physical disabilities, and 3) mental illnesses-that were developed in 2001.   <H4>Implementation </H4> Legislation Under House Resolution 90, the responsibilities of the Commission on Community-Based Alternatives for Persons with Disabilities include the following: <OL> <LI>Collect and compile existing state reports and information relevant to Olmstead Planning;</LI> <LI>Supplement such reports and information to comprehensively assess existing needs and resources;</LI> <LI>Closely monitor the availability of federal and private funds and actively coordinate application for such funds; </LI> <LI>Prepare a comprehensive, multi-year interagency plan to ensure that Delaware programs support community alternatives to institutionalization; and</LI> <LI>Submit a preliminary report to the Joint Finance Committee by February 15, 2003, and a final report to the General Assembly within 45 days thereafter which includes the plan; options and costs; legislative and regulatory action needed to support plan implementation; prospects for obtaining supportive federal or private funds; and recommendations. </LI></OL> Lawsuits A lawsuit was filed against DHSS and DDDS in April 2002 by The Arc of Delaware, \"the Homes for Life Foundation, People First\" and eight families. For an update on lawsuits in Delaware and other states, see Status Report: Litigation Concerning Medicaid Services for Persons with Developmental and Other Disabilities by Gary A. Smith at <A HREF=\"http://www.hsri.org/index.asp?id=news\">http://www.hsri.org/index.asp?id=news</A> Successes The Division of Developmental Disabilities Services' (DDDS) compliance plan for FY 2003 contemplates providing community-based residential supports to 60 to 80 individuals drawn from the state institution for people with mental retardation and its waiting list. The Division of Substance Abuse and Mental Health (DSAMH) reported in February 2002 that 28 individuals were moved from the Delaware Psychiatric Center (DPC) to community settings, with 15 of these individuals moving to other institutions. Many others were diverted to private hospitals. The Division of Services for Aging and Adults with Physical Disabilities (DSAAPD) reported that it has moved 16 individuals since July 2001. Next Steps The Division of Developmental Disabilities Services (DDDS) was awarded a $1.2 million Real Choice Systems Change grant for expanding assistive technology, streamlining access to funding options, and establishing a comprehensive tracking system for assistive technology.