Resources : Your Rights

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 Descision, 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 Descision
The Olmstead Decision, in considering the placement of persons with mental disabilities in community settings rather than institutions, 
stated that:

"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 Retarted"

The Developmental Disabilities Assistance
 and Bill of Rights Act states

Individuals with developmental disabilities and their families are the primary decision makers regarding the services and supports which such individuals and their families receive. When a recipient is determined to be likely to require the level of care provided in a hospital, nursing facility, or intermediate care facility, the recipient or his or her legal representative will be;

1. informed of any feasible alternatives and

2. given the choice of either institutional or home and 
    community based services.

It is the policy of the United States that all programs, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that Individuals with developmental disabilities are the primary decision makers regarding the services and supports such individuals and their families receive, including choosing where the individuals live, from available options, and play decision-making roles in policies and programs that affect the lives of such individuals and their families.

The Federal Medicaid Law

"The right to choose to remain indefinitely in ICF/MR services is legally enforceable. The State must provide Medicaid Services it has agreed to provide to eligible individuals with reasonable promptness."

"Federal Medicaid policy supports an individual's right to choose where they receive Medicaid services for which they are eligible ... community based care under the Waiver Program or institutional services...."

"Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it"

"A Medicaid Home and Community Based Waiver shall not be granted unless the state provides satisfactory assurance that the individuals who are determined to be likely to require the level of care provided in a hospital, nursing facility or intermediate Care Facility for the mentally retarded (ICF/MR) waiver, and that these individuals can choose inpatient hospital care, nursing facility services or services in an intermediate care facility for the mentally retarded."

*** This means that the Federal medicaid law supports the right of STS. residents to choose to live in Southbury Training School rather than in group homes in the community.