On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District Court for the District of Delaware. They alleged that Delaware had violated the Americans with Disabilities Act, the Medicaid Act, the Due Process Clause of the 14th Amendment, and 42 U.S.C. § 1983. They claimed that Delaware lacked an effective "Olmstead Plan" resulting in slow moving waitlists and the unavailability of adequate options for individuals seeking community-based rather than institutional care.

On September 30, 2003 the district court (Judge Kent A. Jordan) denied the defendants' motion to dismiss and the plaintiffs' motions for a temporary restraining order, a preliminary injunction, and class certification without prejudice, because the parties indicated they intended to settle. On August 24, 2004 the court (Judge Jordan) entered an order approving a settlement and dismissing the case. The settlement provided for expanded waiver services, infrastructure improvements, collaboration to improve waitlist management for community care, and additional community care placements. The case was thereafter reopened to consider a dispute regarding attorney's fees but came to a close again on June 13, 2005 when the court (Judge Jordan) ruled in favor of the plaintiffs.

Michael Perry - 01/25/2011


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