Case: CRIPA Investigation of the Lanterman Developmental Center, Pomona, California

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Case Summary

On April 4, 2004, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent notified California that it was opening an investigation into conditions and practices at the Lanterman Developmental Center ("LDC"), a facility housing developmentally disabled persons, including those with intellectual disabilities, cerebral palsy, and/or autism. The investigation was undertaken under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. §§ 1997 et seq., and the Americans wi…

On April 4, 2004, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent notified California that it was opening an investigation into conditions and practices at the Lanterman Developmental Center ("LDC"), a facility housing developmentally disabled persons, including those with intellectual disabilities, cerebral palsy, and/or autism. The investigation was undertaken under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. §§ 1997 et seq., and the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq.

DOJ lawyers and expert consultants visited the facility in October 2004, reviewing a wide array of documents there, and conducting interviews with personnel and residents. On January 4, 2006, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to California's governor, advising him of the results of the investigation. The DOJ advised that its investigation found deficiencies in resident care at LDC, in that conditions and services at LDC substantially departed from generally accepted standards of care. Constitutional and federal statutory rights of residents at LDC were violated in several respects, according to the DOJ.

DOJ concluded that deficiencies in conditions of resident care and treatment at LDC existed as to multiple topic areas, including LDC's causing residents significant harm or risk of harm through failure to: (1) keep them safe (e.g., residents subjected to neglect and physical abuse; disproportionate number of injuries; inadequate incident reporting and investigation system); (2) provide them with adequate training and associated behavioral and mental health services (e.g., inadequate behavior programs and functional analyses of problem behaviors; poor program implementation, monitoring, and follow-up; unjustified and undue use of restraints; inadequate habilitation, vocational, and day programming; insufficient psychiatric care); and (3) provide them with adequate health care, as required by Title XIX of the Social Security Act, 42 U.S.C. § 1396; 42 C.F.R. Part 483, Subpart I (Medicaid Program Provisions), due to substandard medical and nursing assessment, treatment, education, and direction, as well as slipshod medical documentation and poor nutritional and physical management. Additionally, the DOJ found that (4) the state failed to provide services to certain LDC residents in the most integrated setting, as required by the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq; 28 C.F.R § 35.130(d). The letter provided details of deficiencies for all four of these categories.

Minimally-acceptable remedial measures for each of the four categories were outlined in the letter, which concluded by inviting continued further collaboration in implementing the remediation. The letter also provided notice that, absent a resolution of federal concerns, the DOJ would file a CRIPA lawsuit to compel correction of the identified deficiencies at LDC.

Each of the DOJ's annual congressional reports from fiscal years 2006 to 2010 described stated that "as part of the mandate to fully enforce Title II of the Americans with Disabilities Act, the Division took steps to secure increased access to residential, day, and vocational services where appropriate" at LDC in fiscal years 2006 to 2010. But there's nothing more about the matter in subsequent congressional reports. According to the California Department of Developmental Services website, LDC's last residents moved to their new homes in the community on December 23, 2014 and the facility closed its doors on June 30, 2015 when the property was transferred over to the authority of the California Polytechnic State University.

In a DOJ spreadsheet describing all CRIPA matters in 2016, the case was listed as open, but presumably that's an oversight.

Summary Authors

Mike Fagan (5/27/2008)

People


Attorney for Plaintiff

Kim, Wan J. (District of Columbia)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

Re: CRIPA Investigation of the Lanterman Developmental. Center, Pomona, California.

Re: CRIPA Investigation of the Lanterman Developmental. Center, Pomona, California.

Jan. 4, 2006

Jan. 4, 2006

Findings Letter/Report

Docket

Last updated Aug. 30, 2023, 1:39 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice, enforcing the rights of residents of the Lanterman Developmental Center.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California (Pomona), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Special Case Type(s):

Out-of-court

Available Documents:

None of the above

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Aggressive behavior

Food service / nutrition / hydration

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Record-keeping

Restraints : physical

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Integrated setting

Mental impairment

Autism

Cerebral palsy

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Type of Facility:

Government-run