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2022 DOJ Findings Letter to Colorado re: people with Physical Disabilities in Nursing Homes AND Our Take on Cognitive Disabilities

5/21/2022

Most Coloradans with mental Illness or brain injury and/or average or above average IQ Developmental Difference/Disability are INSTITUTIONALIZED in CO Jails and Prisons.
- Actually, the BULK of that population.
- See:
Additionally, younger people with mental illness are often INSTITUTIONALIZED in NURSING HOMES ---
- If they can get in ---
  - See Fixing HCPF's Fair Housing Problem.
  - IRREPARABLE HARM
- If Coloradans with Cognitive Disabilities can't get into the Nursing Home or the Assisted Living --- they may be HOMELESS and/or in the Homeless Incarceration Cycle.

DOJ Findings Letter to Colorado --

On March 3, 2022, the United States sent its findings to the State, notifying it that Colorado is violating the ADA’s integration mandate in its provision of Long-Term Services and Supports to adults with physical disabilities.

Following an investigation, the Department found that the State of Colorado has failed to meet its obligations under the ADA by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs. (3/3/22)

State DUTY to MODIFY PROGRAMS to bring HOUSING & Services to Scale for people with Disabilities who are institutionalized or at risk of institutionalization

5/16/2022

Now in 2022, the CITY of Denver is trying to bring Supportive Housing & Wrap Around Services to SCALE ---- BUT where has the STATE been for the last 50 YEARS?

Well --- making INCREMENTAL IMPROVEMENTS and INCREASES of HOUSING & ACT --- and serving a lot of people who are EASIER to SERVE --- and DUMPING the REST on the STREETS of MUNICIPALITIES and COUNTY JAILS.

The LACK of COMPETITION in Colorado's Mental Health Center System --- has created a SOVIET-STYLE SYSTEM that is CORRUPT and has had INCENTIVES to SHORT SHRIFT the NEEDS of PATIENTS and LOWER LEVEL WORKERS.

Further, when I've "reached out" to the Colorado Behavioral Healthcare Council that represents the Mental Health Centers ---they're NOT INVESTED ENOUGH:

To raise this with the STATE and ask for more resources to seek NON-EMERGENCY CIVIL COMMITMENT OR
SEEK the RESOURCES to SERVE those HIGH NEEDS PEOPLE
- Reducing that LEVEL of TREATMENT FAILURE that is NECESSITATING the CIVIL COMMITMENT.

they haven't seen it as their RESPONSIBLITY to implement CIVIL COMMITMENT Procedures or contact the County Attorney --- if it falls outside a 72-Hour EMERGENCY HOLD, they're NOT DOING IT.
It's NOT JUST --- that they need MORE RESOURCES to do it ---

The State Can Provide Housing and Services in Integrated Settings by Reasonably Modifying its programs for people with disabilities who are institutionalized or at great risk of institutionalization AND could live successfully in the community with :

Scattered Site Housing, and
Wraparound Services such as Assertive Community Treatment for people with psychiatric disabilities

MissiSSIPPI Olmstead COMPLAINT -- PRAYER FOR Relief

5/16/2022

We're going to be working on what is it that we would be asking the COURT to DECLARE for purposes of a DECLARATORY JUDGMENT.

We're going to be starting with our "CONCLUSION" which we're taking from the Prayers for Relief from actual Federal Olmstead Complaints filed by the United States Department of Justice seeking Declaratory Judgment among other things.

MISSISSIPPI
(see Examples of Olmstead Complaints with a Request for Declaratory Judgment)

"Issue a declaratory judgment that Defendant has violated Title II of the ADA by failing to make reasonable modifications to services, programs, or activities for adults with mental illness to enable them to obtain the services, programs, and activities they require to reside in the most integrated setting appropriate to their needs"

COLORADO

We're TAILORINGLY this to address COLORADANS with physical and/or cognitive disabilities who are:

INSTITUTIONALIZED or
AT RISK of INSTITUTIONALIZATION

Due to the STATE'S failure to make reasonable modifications to services, programs or activities, specifically failing to:

bring SUPPORTIVE HOUSING to SCALE to meet the need; or
have a COMPREHENSIVE, EFFECTIVELY WORKING PLAN to do so with ---
- MEAURABLE GOALS
- REASONABLE TIME FRAMES, and
- Sufficient Funding to address the UNMET NEED or SHORTAGES as the result of INADEQUATE FEDERAL, STATE or LOCAL FUNDING.

We're couching this in terms of "SUPPORTIVE HOUSING" which includes both the Housing & the Supports.

AN ASIDE: We are strong believers in HOUSING FIRST and the moral urgency of it ---- BUT ---Especially when it comes to NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS --- a lot of the need is a result of needing to address EXECUTIVE FUNCTIONING issues in MULTIPLE SPHERES OF LIFE in an ENVIRONMENT which individuals themselves and the community may be largely ignorant of the different needs of NEURO-DIVERSE PEOPLE.Further, that UNCONSCIOUS HOSTILE ENVIRONMENT is putting UNHEALTHY PRESSURE and UNWITTING DISCRIMINATION on people who are quite vulnerable to PSYCHIATRIC DISORDERS.And make REASONABLE ACCOMMODATIONS for those Executive Functioning issues ---

but as the NEURODIVERGENT REBEL pointed out --- it's people (and service providers, friends and family working together ) to better DEFINE what they NEED in terms of specifics to address ACCOMMODATIONS / WORK AROUNDS for Executive Functioning Differences / Deficits.
Right now the "BOUNDARIES" of NEURO-DIVERSE PEOPLE are running head long into the "BOUNDARIES" of NEURO-TYPICAL PEOPLE (and for that matter other NEURO-DIVERSE PEOPLE) and we need to "CONSCIOUSLY" address that.

The answer is NOT to put people who are NEURO-DIVERSE in a BUBBLE ---
It's to develop those STRENGTHS which tend be SUBJECT MATTER or ARTISTIC STRENGTHS that serve as OUTLET for an enormous SENSORY PROCESSING LOAD.

Further, that IGNORANCE is leading to a quite UNCONSCIOUS HOSTILE ENVIRONMENT for people with Neuro-Developmental Disorders across a BLURRED SPECTRUM of AUTISM and ADHD.

For many people with disabilities --- it is not clear that HOUSING ALONE would prevent unnecessary institutionalization or the great risk of institutionalization inherent in homelessness.
Further, the University of California at San Francisco Study found that HOUSING paired with VOLUNTARY SUPPORTS for even people experiencing some of the most significant impairment was successful.

2022 DOJ Findings Letter to Colorado re: people with Physical Disabilities in Nursing Homes AND Our Take on Cognitive Disabilities

State DUTY to MODIFY PROGRAMS to bring HOUSING & Services to Scale for people with Disabilities who are institutionalized or at risk of institutionalization

MissiSSIPPI Olmstead COMPLAINT -- PRAYER FOR Relief

Olmstead Law & Order Thursday

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