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Commonwealth of Virginia's Compliance with the ADA

Mar 24, 2011 The U.S Department of Justice sent a letter dated February 10, 2011 to Virginia Governor McDonnell which stated in part the following:
"We have concluded that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting appropriate to their needs in violation of the ADA"

The letter was prompted by a Justice Department investigation that started during the Kaine administration. The investigation began by reviewing the Central Virginia Training Center but expanded to the entire state as questions arose as to the Commonwealth's compliance with the ADA and the Supreme Courts ruling in the Olmstead case.

The findings in the letter include the following:

Individuals with intellectual and Developmental Disabilities Are Unnecessarily Institutionalized at CVTC and Other Training Centers

Individuals at CVTC and the Other Training Centers Could be Served in More Integrated Settings

Under recommendations for remedial measures the letter states, "the Commonwealth must increase community capacity by allotting additional waivers and expanding community services to serve individuals in or at risk of entering the training centers. A sufficient number of waivers - far more than what the Commonwealth has currently budgeted - must be available to address both individuals confined to the training centers and those on the wait list in the community."

This letter is of particular importance because of the long wait list for both the ID(Intellectually Disabled) and the DD (Developmentally Disabled) Waiver programs.

In the next blog we will see what progress the Commonwealth made for the elderly and disabled community in the recent legislative session.

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