Judge approves plan for mentally ill
CHICAGO -- Thousands of mentally ill people living in large institutions in Illinois will get a chance to move into apartments and small homes following a federal judge's approval of a class action settlement.
U.S. District Court Judge William Hart, in a ruling filed Wednesday and announced Thursday in Chicago, noted "the vigorous and heartfelt objections" of family members to the settlement. He wrote their objections were "the only factor that brings some pause."
The agreement settles claims that Illinois violates the civil rights of the mentally ill by needlessly segregating them in specialized nursing homes, called institutions for mental disease.
Illinois has 25 such facilities -- in Chicago, Decatur and Peoria. All are privately owned and for profit. They rely on state Medicaid money, which pays for the housing and care of residents.
The American Civil Liberties Union of Illinois filed the lawsuit in 2005 with other groups, originally on behalf of two residents.
Approximately 4,300 people living in institutions now will get the chance to move to apartments and small homes. The judge will appoint someone to monitor the five-year transition based on recommendations by the state and the plaintiffs.
No one will be forced to leave institutional care, although some facilities may be forced to close for financial reasons if enough residents choose to leave, the judge observed in his ruling.
Hart heard testimony in early September from family members of people with mental illness. At that hearing, many said they feared their loved ones would end up in jail or homeless if they left the institutions.
But experts for the ACLU said most residents would be successful with state-provided support services, such as help learning to cook, shop and manage their medications. The settlement guarantees such supports.
"It's an opportunity for more than 4,000 people who've been institutionalized to live in much more integrated settings and in their own apartments and to receive services there," said ACLU attorney Ben Wolf.
"We know many of our clients want that opportunity to help them recover from their illness and get on with their lives," he said.
More than any other state, Illinois has relied on nursing homes to house the mentally ill after shutting down state mental hospitals in the 1970s and 1980s. The practice of supporting the institutions and underfunding housing alternatives violates the Americans with Disabilities Act, according to the lawsuit. Illinois officials deny violating federal laws but agreed to the settlement.
Attorney William Choslovsky represents 31 residents, guardians and family members who objected to the settlement.
"The state should provide a full continuum of care, from institutional settings to community housing options," Choslovsky said. "It shouldn't be that you sacrifice one for the other."