On December 29, 2000, United States Department of Justice's Civil Rights Division (DOJ) filed a complaint and settlement agreement concerning two Indiana state operated facilities serving approximately 560 people with developmental disabilities. The facilities were the Muscatatuck State Developmental Center in Butlerville, Indiana, and the Fort Wayne State Developmental Center in Fort Wayne, Indiana. The investigation and complaint were done pursuant to the DOJ's authority under the Civil Rights of Institutionalized Persons Act (CRIPA).

The agreement required defendants to take steps to ensure the safety of people placed at the two facilities as well as the safety of any persons placed in alternative community settings. Regarding the facilities, the agreement required the state to: improve training, clinical, and medication practices; ensure that use of restraints is appropriate; and increase efforts to place individuals with developmental disabilities in the most integrated setting possible which is appropriate to their individual needs.

In 2002, the DOJ filed a stipulation that amended the State plan prepared in conjunction with the original settlement. The stipulation required improvements in clinical supervision and management of various services, including: general medicine; dentistry; psychology; psychiatry; nursing; physical; speech; dietary; and occupational therapy. The stipulation also required the state to design and implement a risk assessment system for persons determined to be at a high risk of suffering from any of the following conditions: aspiration/gastroesophageal reflux disease, dysphasia, choking, seizures, dehydration, constipation, and injury from behavioral problems. Finally, the settlement required the state to provide expanded transitional supports for residents leaving state developmental centers and relocating to community based residential placements. The DOJ also continued monitoring compliance with the settlement agreement.

From 2003 to 2008, the DOJ monitored compliance with the agreement, and the parties periodically entered a series of stipulations modifying the settlement agreement. In 2008, the DOJ and the State jointly monitored training sessions on health care coordination and risk management systems for protecting persons with developmental disabilities who live in community placement. The case ended in 2008 when the DOJ and the defendants jointly moved to dismiss the action because it found that the State had corrected the unlawful conditions.

Chris Pollack - 03/11/2019


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