2015: Olmstead Plan is Approved At Last
As a result of the U.S. Supreme Court Olmstead* decision, states were required to develop plans ensuring that people with disabilities are offered informed choice in their employment, housing, transportation, healthcare, and much more, in the most integrated settings appropriate for their needs. After the state reached a settlement in the civil lawsuit, Jensen vs. Minnesota Department of Human Services in 2011, the Olmstead Plan began to come to life.
After a number of revisions, U.S. District Court Judge Donovan Frank approved Minnesota's Olmstead Plan on September 29, 2015. According to court documents, the state and the Department of Human Services committed to the following:
Within eighteen (18) months of the Court's approval of this Agreement, the State and the Department shall develop and implement a comprehensive Olmstead plan that uses measurable goals to increase the number of people with disabilities receiving services that best meet their individual needs and in the "Most Integrated Setting," and is consistent and in accord with the U.S. Supreme Court's decision in Olmstead v. L.C., 527 U.S. 582 (1999).
CASE 0:09-cv-01775-DWF-BRTÂ Document 510 Filed 09/29/17
Minnesota's Olmstead Plan is an important part of keeping all state agencies accountable for their part in integrating and including people with developmental disabilities into communities and society, for the betterment of all.
*Olmstead v. L.C., 527 U.S. 581 (1999).
CASE 0:09-cv-01775-DWF-BRTÂ Document 510 Filed 09/29/17
Judge Thorson and Judge Frank were both involved with approving the plan
Federal Judge Accepts State's Plan to Integrate People with Disabilities
Minnesota Public Radio (MPR), by Riham Feshir St. Paul, MN Sep 29, 2015
After nearly four years, several revisions and numerous court filings, a federal judge approved the Minnesota Olmstead Plan Tuesday, giving people with disabilities a clearer vision for how the state would integrate them within the community. U.S. District Judge Donovan Frank said the latest version of the Olmstead plan submitted in August emphasizes key changes including concrete data, specific timelines to establish measurable goals and added commitments that make the plan an "evolving document."
But Frank also recognized that some individuals fear the plan would eliminate certain programs or close facilities that provide services for people with disabilities.
"Many individuals with disabilities in this state value living and working alongside other individuals with disabilities in settings such as group homes and sheltered workshops," he wrote. "The Court emphasizes that the Olmstead decision "is not about forcing integration upon individuals who choose otherwise or who would not be appropriately served in community settings."
Shamus O'Meara, an attorney representing people with disabilities, has concerns about how the state will implement the changes. He's also filed objections - which Frank took into consideration – saying the state doesn't completely prohibit the use of restraint and seclusion in its plan.
"There is a lot to be done, the plan is a document," O'Meara said. "The real measure of success of this type of plan is how it's implemented and is it going to be affecting people with disabilities in a positive way or is it doing something else."