The Ligas Consent Decree has moved the Developmental Disability System in many
positive ways but there is much more important work to do.
With the release of his Third Annual Report, the Court Monitor is beginning to focus on
the specifics of person-centered transition planning, community rates, smaller
community living options and employment options for class members.
The Court Monitor will be a guest at our Leadership Conference and The Arc’s Annual
Here is the Court Monitor’s Overall Comments, his recommendations and the full report.
Note that there is much more to this report than the recommendations.
Court Monitor’s Overall Comments
After three years of implementation, the defendants’ strong efforts have continued to
result in positive real-life outcomes for class members. Sometimes there is too much
emphasis on what is going wrong, with little attention on what is going right. The
Monitor hopes that this report conveys an appropriate balance of success and
challenges. Since June 15, 2011, services have been provided for more than 3,100
class members, including ICF/DD class members, waiting list class members and those
in crisis. Through the diligent work of the defendants, with full cooperation from class
counsel and the intervenors, much has been accomplished.
This fourth year of implementation presents some seemingly formidable challenges
ahead – serious budget shortfalls, statistically unacceptable lack of employment options
and limited options for small community settings. The Monitor will continue to work with
the parties to address these challenges and communicate with class members and
Court Monitor’s Recommendations
Hire an independent contractor to analyze and evaluate rates for home and
community-based services and supports. Due Sept, 2015.
Establish new positions within the Division of Developmental Disabilities: DDD
Director of Employment, DDD Director of Waiver Services, and DDD Director of
Develop an evaluation of class members, who were selected for funding
pursuant to the Ligas process, and did not choose or obtain the services for which
they were selected. This evaluation should include inquiring into why services
were not selected, and determining which options were presented to the class
member, based on those services identified in the Transition Service Plan.
Conduct analysis of Crisis data to determine the relationship between Crisis
applicants and the PUNS list, too so that the necessity for community outreach
activities can be determined.