Individual Olmstead Complaints

People With Cognitive Disabilities who are Institutionalized or Homeless*

*Also At Risk of Institutionalization

Often when we think of Olmstead we think of the BIG CLASS ACTION.

• There have been those.
• AND they have not only achieved important gains in those states but they have also set important precedents.

 

• BUT the LARGE OLMSTEAD CLASS ACTION presents numerous challenges ---- LOGISTICALLY and FINANCIALLY.
  • That's why we haven't seen more of them.
  • Not because the STATES are all in COMPLIANCE.

 

• There are broad REMEDIES in the context of Cognitive Disability.

 
At Orchid, I'm going to be focusing on initially:

• SUPPORTIVE HOUSING, MENTAL HEALTH RESIDENTIAL, FAIR HOUSING ASSISTED LIVING & NURSING HOME PLACEMENTS as desired by the client.
  • including Assertive Community Treatment (ACT)

From my perspective, it doesn't have to be ACT but it has to be ADEQUATE and SUFFICIENT.

• It is not ultimately my choice --- BUT I'm not going to advise something I don't think is ADEQUATE.
  • Having said that, I have been in situations in which the client is the one advising me that they want a Nursing Home placement where I've been pushing SUPPORTIVE HOUSING.
• Further, if issues do come up down the road --- we're going to be looking to COLLABORATIVELY (if possible) address those with providers, the State, whoever.
• including HOUSING
  • EVERYBODY knows HOUSING is a HUGE ISSUE and it's a HUGE ISSUE In COLORADO,

Cook County Sheriff Dart

The STREET is a very dangerous place for someone with a COGNITIVE DISABILITY.

• Sheriff Dart in Chicago is famous for saying on 60 Minutes --- now probably 9 years ago ---
  • We've got a society that finds it objectionable to warehouse people in a Mental Institute --- but you're fine with a jail --- "YOU'VE GOT TO BE KIDDING ME."
  • The same can be said for HOMELESSNESS.

MOTEL VOUCHERS and INTERIM MEASURES

• I think it is the STATE'S RESPONSIBILITY to make up the DIFFERENCE to meet the NEED for MOTEL VOUCHERS
  • for that segment of the HOMELESS POPULATION that is a PERSON with a DISABILITY and at risk of institutionalization.
    • That is probably a big segment of the chronically homeless population.
• NOW, if the STATE can get others --- the FEDS, the MUNICIPALITIES, the COUNTIES, PHILANTHROPIC EFFORTS to fill in the gap ---
  • THAT'S GREAT

Voltaire

FURTHER:  We are going to be taking a HARM REDUCTION APPROACH.

We don't want the "PERFECT" to be the enemy of the "GOOD" or "MUCH BETTER."

• Now the "MUCH BETTER" needs to be determined by the CLIENT --- BUT there are a lot of people (not everybody) who would definitely choose MORE INTEGRATION as opposed to wait another 20 years for PERFECT INTEGRATION.
  

OLMSTEAD doesn't work well as an EVENT --- it's an ON-GOING PROCESS --- and we do need ON-GOING PLANNING and:

• MEASURABLE GOALS
• REASONABLE TIME FRAMES, and
• FUNDING to SUPPORT an EVOLVING PLAN.