Settlement Allows Illinois’ Disabled to Move out of Institutions

A federal judge in Chicago said Wednesday that he will approve a legal settlement allowing thousands of developmentally disabled Illinoisans to move out of institutions, and into smaller, community-based homes.

The agreement could end end six years of legal wrangling, paving the way for some 6,000 developmentally disabled Illinoisans to move out of the larger, institutional settings. Some advocates say those homes do not provide enough independence for some residents. Under a consent decree being considered by U.S. District Judge James F. Holderman, the state of Illinois would have to help developmentally disabled people find smaller homes if they choose to leave the larger institutions.

John Grossbart, the plantinffs' head lawyer, said the consent decree that's expected to be officially approved soon is good news for people who might thrive in a less institutional environment.

"When you wanna turn on the TV and turn off the TV, you can do so," Grossbart said after court Wednesday. "When you wanna get a glass of milk and have a snack at some peculiar time of day, you can do that. Start taking stuff like that away from yourself and see how you feel."

Grossbart said the lawsuit was necessary because Illinois has been dragging its feet when it comes to helping people move into smaller, more independent homes that advocates say let the disabled to grow and ineract more often with the community. As of 2009, only 38 percent of the state's developmentally disabled lived in such homes, according to the 2011 State of the States in Developmental Disabilities, a study by the Unverisity of Colorado that was partially funded by the federal government. That's compared to 75 percent nationwide.

"I'm happy," said Stanley Ligas, 43, the lead plaintiff in the case. "I'm ready to move. Hallelujah, I made it!"

Ligas currently lives in a larger group home setting and has a part-time job, he said. But he added that he's looking forward to being able to work full-time once he moves into a smaller home.

Advocates have launched several lawsuits in recent years aimed at giving Illinois' disabled population more housing options. Last fall, a federal judge approved a similar consent decree that allows for about 4,000 mentally ill Illinoisans to move out of institutions.

In a statement a spokeswoman for the Illinois Department of Human Services said the agency is pleased with the agreement.

"[It] will open up more community-based care options for people with disabilities who choose it," spokeswoman Januari Smith said. "We want to thank everyone who came together to put the needs of people with disabilities first. The department has worked hard to reach a settlement, and will continue to work diligently with all parties involved."

The settlement stipulates that the state must now help people who want to move out of the institutions to find new homes in the smaller, community care settings. The total cost of that placement depends on how many people want to move, Smith said, adding that average cost of a community setting for a full year is about $32,000.