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Virginia making strides in disabilities arena, but more work needs to be done

Crystal Graham
developmental disability Down syndrome art class
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Twelve years after Virginia was found not to be meeting the needs of individuals with developmental disabilities, the state has made enough progress to minimize the court’s involvement in the future.

A 2012 settlement agreement between the Commonwealth of Virginia and the Department of Justice was ended by the U.S. District Court for the Eastern District of Virginia last week.

The consent degree was replaced with a permanent injunction that was approved by the Commonwealth and the U.S. Department of Justice.

While progress has been made, the injunction makes it clear there is more work that needs to be done.

The injunction, which has a timeline of seven years, contains expectations for services and support to individuals, a quality management system, compliance monitoring, maintaining a publicly accessible document library and retains an independent reviewer.

Virginia is also required to conduct rate studies of certain services and to make efforts during the upcoming legislative sessions to fund implementation of the rates recommended by the studies.

“We are pleased to see the permanent injunction signed, marking a significant step forward in the 2012 case against Virginia for failing to meet the Americans with Disabilities Act’s integration mandate,” said Tonya Milling, executive director of The ARC of Virginia, a statewide advocacy organization made up of people with developmental disabilities, their families and allies. “This decision reflects sustained work by the Virginia Department of Behavioral Health and Developmental Services to achieve compliance with quality indicators and establishes a lasting framework to ensure people with developmental disabilities have access to inclusive, community-based lives.”

Milling said she is “optimistic” that Virginia will follow through on its commitment to individuals with developmental disabilities. The main types of developmental disabilities include autism spectrum disorder, cerebral palsy, fetal alcohol spectrum disorders, Down syndrome and attention deficit hyperactivity disorder.

“We were pleased to see legislative leadership present in court and are optimistic that this demonstrates their commitment to supporting the needs of individuals with developmental disabilities,” she said.

Virginia entered into a settlement agreement with DOJ in 2012 to resolve an investigation into Virginia training centers and community programs and noncompliance with the Americans with Disabilities Act.

Virginia closed four of its five outdated institutions for people with intellectual disabilities, called training centers. The training centers that closed as part of the settlement with the DOJ included the Southwestern, Northern, Southside and Central Virginia training centers.

The Southeastern Virginia Training Center, or SEVTC, in Chesapeake remains open.

The permanent injunction will terminate and replace the settlement agreement and minimize the need for active court oversight, according to the governor’s office.

“We want to make it very clear to Virginians: we will not stop here,” said Nelson Smith, commissioner of the Virginia Department of Behavioral Health and Developmental Services. “We will keep working to ensure individuals with developmental disabilities and their families have even better access to quality providers and life-changing waiver services, and this work is an enduring commitment.

“We are committed to giving Virginians with disabilities the supports and services they need to live their best lives, full of possibilities, in their communities.”

Crystal Graham

Crystal Graham

Crystal Abbe Graham is the regional editor of Augusta Free Press. A 1999 graduate of Virginia Tech, she has worked for 25 years as a reporter and editor for several Virginia publications, written a book, and garnered more than a dozen Virginia Press Association awards for writing and graphic design. She was the co-host of "Viewpoints," a weekly TV news show, and co-host of Virginia Tonight, a nightly TV news show on PBS. Her work on "Virginia Tonight" earned her a national Telly award for excellence in television.