Being on a waiting list for community-based services may be evidence enough that an individual with developmental disabilities is at risk for institutionalization in violation of the Americans with Disabilities Act, according to the U.S. Department of Justice.
“Non-institutionalized individuals with disabilities who are not currently receiving state-funded home- and community-based services may bring a claim that a public entity has placed them at risk of institutionalization or segregation in violation of the ‘integration mandate’ of Title II of the Americans with Disabilities Act,” the federal filing indicates.
“Individuals with disabilities need not wait until they are institutionalized to assert a claim,” the Justice Department said.
The move comes in a case filed earlier this year against the state of Ohio by Disability Rights Ohio on behalf of residents with developmental disabilities living in institutions or at risk of such placement.
