Wilmington, Delaware

Delaware: 
How Far To Olmstead Compliance?

ADA.gov:  Delaware

U.S. v. Delaware – 11-CV-591 – (D. Del. 2011)
"On July 6, 2011 the Division filed in District Court a Complaint and a simultaneous Settlement Agreement resolving its ADA Olmstead investigation into whether persons with mental illness in Delaware are being served in the most integrated settings appropriate to their needs and its CRIPA investigation into conditions of confinement at Delaware Psychiatric Center.

"The fundamental goals of the Agreement are: to ensure that people who are unnecessarily institutionalized, at the Delaware Psychiatric Center or other inpatient psychiatric facilities, can receive the treatment they need in the community; to ensure that when individuals go into mental health crisis, sufficient resources are available in the community so that they do not need to go unnecessarily to psychiatric hospitals or jails; and to ensure that people with mental illness who are living in the community are not forced to enter institutions because of the lack of stable housing and intensive treatment options in the community.

"Pursuant to the Agreement, Delaware will create a comprehensive community crisis system to serve as the front door to the state's mental health system including a crisis hotline, mobile crisis teams able to reach someone anywhere in the state within one hour, 2 walk-in crisis centers, and short term crisis stabilization units.

"The agreement also commits the state to providing intensive community-based treatment through 11 Assertive Community Treatment (ACT) teams, 4 intensive case management teams, and 25 targeted case managers.

"The State will offer at least 650 housing vouchers or subsidies to allow people to obtain stable, integrated housing. Finally, the State will develop evidence-based supported employment services for 1100 people, rehabilitation services including substance abuse and educational services to 1100 people, and family and peer support services to 1000 people.

"The Agreement requires Delaware to establish a statewide quality management system reflecting qualitative and quantitative measures and provides for an independent monitor with capacity to hire staff to assist in the implementation and to conduct compliance reviews.

"The United States issued a Findings Letter in November 2010 stating that Delaware is violating the ADA integration mandate in its provision of mental health services.

"For more information about this case, visit the Special Litigation Section's website."


Order to Dismiss with Prejudice -- filed October 11, 2016
Joint Brief in Support of Parties' Joint Motion to Dismiss -- filed October 6, 2016
September 19, 2016 report of the court monitor (PDF)
September 24, 2013 report of the independent reviewer (Word) | (PDF)
March 8, 2013 report of the independent reviewer
September 5, 2012 report of the independent reviewer
January 30, 2012 report of the independent reviewer
Order Entering Settlement Agreement - filed July 18, 2011
Settlement Agreement - filed July 6, 2011
Settlement Agreement Fact Sheet
Press Release
Letter of Findings (Word) | (PDF) - filed November 9, 2010
https://www.ada.gov/olmstead/olmstead_cases_list2.htm#de
Does Delaware have:
  • Specific Measurable Goals for Housing and Services for People with Disabilities who are Institutionalized or at Great Risk of Institutionalization such as is inherent in Homelessness?
  • Plans to bring Housing and Services to Scale to Meet the Need?
  • Are the planning and processes inclusive of people with disabilities and the people they will effect?
VIA OlmsteadRights.org
DELAWARE DISABILITY RESOURCES AND ADVOCACY ORGANIZATIONS