Your Rights and Protection
Southbury Training School is a ICF/MR (Intermediate Care Facility for the Mentally Retarded) since 1971. With this criteria, STS residents have rights that are protected by federal law. This includes the Supreme Court's Olmstead Decision, Medicare Law, and the Messier Lawsuit.
Many group homes and community settings
do not have these rights or protections.
It is important for all advocates to understand:
The Supreme Court's - Olmstead Decision
The Olmstead Decision, in considering the placement of persons with mental disabilities in community settings rather than institutions,
"Nothing in the ADA (Americans with Disabilities Act) condones termination of institutional settings for persons unable to handle or benefit from community settings. Nor is there any federal requirement that community based treatment be imposed on persons who do not desire it."
"Such action is in order when the State's treatment professionals have determined that community placement is inappropriate, and the transfer from institutional care to a less restricted setting is not opposed by the affected individual."
ICFs/MR are required to provide round-the-clock level-of-care, nursing and active therapeutic care to individuals with severe and profound developmental disabilities. Each person is supposed to receive "active treatment," which is defined as the "the aggressive consistent implementation of a program of specialized and generic training, treatment, health and related services directed toward the acquisition of the behaviors necessary for optimal functional status."
NOTE: Persons in ICFs/MR cost more per capita than persons living in group homes. However, there is a 50% federal reimbursement for DDS clients living in ICF/MR homes.
The Messier Lawsuit
Judge Burns approved the Settlement Agreement of the Messier Lawsuit which included a statement that STS residents (or their guardians) could say "no" to a move suggested by the IDT (Interdisciplinary Team).
Important Definitions to Understand
Southbury Training School, an ICF/MR Facility
(INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED)
A condition of participation in an
ICF/MR is "Active Treatment."
"To meet the requirements of of Active treatment, each client must receive a continuous active treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services and related services described in this subpart, that is directed toward
(i) the acquisition of the behaviors necessary for the client to function with as much self determination and independence as possible; and
(ii) the acquisition of the behaviors necessary for the client to function with as much self determination and independence as possible; and
(iii) the prevention or deceleration of regressive or loss of current optimal functional status."
The above information is quoted from "Interpretive Guide Lines -- Intermediate Care Facilities for the Mentally Retarded"
The Developmental Disabilities Assistance and