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VOR Response to Pennsylvania House Resolution 903: Pennsylvania already has an Olmstead Plan

Jan 7, 2015 | Legal Help

Submitted to: Patricia A. Berger, Esquire, Senior Counsel/Project Manager, Pennsylvania House Legislative Budget and Finance Committee January 6, 2015 Pennsylvania State House Resolution No. 903 (2014) directs the Legislative Budget and Finance Committee to – “conduct a comprehensive review and…

Will it be different this time? Deinstitutionalization’s Past: A Reason to Pause and Reconsider

Jul 29, 2014 | Legal Help

by VOR, June 2014 In a frank and challenging article, “The Past and Future of Deinstitutionalization Litigation,” Samuel Bagenstos, former Principal Deputy Assistant Attorney General in the Obama Justice Department’s Civil Rights Division and a key litigator in deinstitutionalization cases,…

Families Unite to Save Virginia Training Centers, Ask Federal Judge for a Voice in Court

Mar 2, 2012 | Legal Help

VOR, 92 families file Amicus Brief; ask court to overturn PA settlement

Feb 3, 2012 | Legal Help

UPDATE: Third Circuit Court of Appeals by Judgment and Opinion, Grants Intervention, Vacates and Remands Settlement and Class Certification.

Pennsylvania victory: Settlement agreement protects choice; VOR as Amicus

Sep 22, 2011 | Legal Help

October 9, 2014 (PDF of this article and links) On September 25, 2014 attorneys for family intervenors secured a favorable settlement in Benjamin v. Pa. Department of Public Welfare (DPW), securing approval from the District Court (order and opinion). The settlement requires the State to…

Department of Justice Activities Throughout the USA: Background and advice for State Officials and Advocates

Sep 9, 2011 | Legal Help

In February 2011, Tom York was a presenter at the Association of Public and Private Developmental Disabilities Administrators annual conference. Mr. York has been practicing law for more than 30 years and has been focused on helping states to respond to the DOJ for the past 20 years. He has been…

Family Choice Prevails in Arkansas

Jun 12, 2011 | Legal Help

Read the full decision here. “Most lawsuits are brought by persons who believe their rights have been violated. Not this one . . . All or nearly all of those residents have parents or guardians who have the power to assert the legal rights of their children or wards. Those parents and guardians,…

Supporting Guardians and the People They Serve

Apr 29, 2011 | Legal Help

VOR, 2011 The Law: Legally Ensured protections Guardianship (also called Conservatorship in some states) is a legal process whereby an individual (“guardian”) is appointed by a court to make decisions regarding major life decisions (as defined in state law) such as medical care, living…

California: Procedural win is moral victory for family

Jul 12, 2010 | Legal Help

September 22, 2010 Update: The Supreme Court of California DENIED the Petition for Review, and DENIED requests for an order to depublish the appellate court decision of In re Michael K. Translation: The favorable appellate court decision (linked below) stands unaffected and remains published.…

Tennessee Judge Rules for Families, against People First and DOJ

Jun 22, 2010 | Legal Help

As families prepare for the closure of the Clover Bottom Developmental Center, on May 28, 2010, a court ruled in favor of the right individuals and legal guardians the right to choose another ICF/MR (deemed a “congregate” setting), even when professionals have determined the individuals could be…

Virginia Judge Dismisses Arc-VA lawsuit; Olmstead relied on

Dec 18, 2009 | Legal Help

A federal judge has dismissed a lawsuit brought by The Arc of Virginia against the State of Virginia challenging a state plan to renovate and resize the Southeastern Virginia Training Center (SEVTC). Judge Robert Payne held that The Arc failed to establish a "case or controversy" ripe for judicial…

ICFs/MR as Permanent Homes

Nov 13, 2009 | Legal Help

Individuals with developmental disabilities and mental retardation who qualify for Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) have a legal right to access and to stay at those facilities as long as they remain eligible and choose to do so, and thus they have a right…

Illinois Judge Sides with Choice, Rejects Settlement

Oct 27, 2009 | Legal Help

Update: Judge accepts revised settlement; preserves choice Illinois Judge sides with choice; rejects proposed settlement and decertifies class Residents of Illinois’ private facilities for persons with developmental disabilities and their families celebrated an early-July decision in Ligas v.…

The Olmstead Decision

Aug 3, 2009 | Legal Help

In the landmark Olmstead v. L.C. ruling, the Supreme Court recognized the need for a range of services for people with mental retardation or other disabilities. This decision responds to the varied and unique needs of the entire disability community: “We emphasize that nothing in the ADAor its…

Does my child need a guardian?

Apr 23, 2009 | Legal Help

The question is always asked: "Do I need to ask the court to make me the legal guardian for my adult child with a disability?" The answer is nearly always the same: "it depends."

Ignorance of the law is no excuse for parents

Apr 23, 2009 | Legal Help

In his article, author and estate planning attorney Paul Heckt, explains two kinds of legal trusts for persons with mental retardation or developmental disabilities - “supplemental needs trusts” and “special needs trusts” - and their role with regard to inheritance and Medicaid eligibility. Mr.…

Defining Choice

Apr 23, 2009 | Legal Help

Federal Law Requires Residential Choice!

VOR Legal Activities

Apr 23, 2009 | Legal Help

VOR's Choices for a Lifetime, Options for All legal advocacy program minimizes the injustice of excluding families by defending choice and empowering families in the legal system. Justice regarding residential placement options for people with mental retardation and developmental disabilities is…

Model State Choice Laws and Legislation

Apr 23, 2009 | Legal Help

There have been many successful, efforts in the state legislatures to codify choice in residential settings. The following summarizes these examples. "Administration" in the following relates to the Governor, Commissioner, Secretary, or other like post in the Executive Branch of the state…

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VOR Response to Pennsylvania House Resolution 903: Pennsylvania already has an Olmstead Plan

Will it be different this time? Deinstitutionalization’s Past: A Reason to Pause and Reconsider

Oregon: Court Denies Intervenors in Lane v. Kitzhaber

You Don't Have to Disinherit a Child With Special Needs

How to Use Olmstead as a Sword, Not a Shield

New Jersey Families Appeal Dismissal; VOR Offers Amicus in Support

New Jersey Families Sue to Block Closures

Residential Choice: It's the Law

Illinois families, guardians, advocates sue state to block home closings

“Lobbying Rules for (c)(3)s: Keeping It Legal”

ICF/ID admission determination requires due process

New Jersey: Women's Guardians Scorch Gov. Christie

Families Unite to Save Virginia Training Centers, Ask Federal Judge for a Voice in Court

VOR, 92 families file Amicus Brief; ask court to overturn PA settlement

Pennsylvania victory: Settlement agreement protects choice; VOR as Amicus

Department of Justice Activities Throughout the USA: Background and advice for State Officials and Advocates

Family Choice Prevails in Arkansas

Supporting Guardians and the People They Serve

California: Procedural win is moral victory for family

Tennessee Judge Rules for Families, against People First and DOJ

Virginia Judge Dismisses Arc-VA lawsuit; Olmstead relied on

ICFs/MR as Permanent Homes

Illinois Judge Sides with Choice, Rejects Settlement

The Olmstead Decision

Does my child need a guardian?

Ignorance of the law is no excuse for parents

Defining Choice

VOR Legal Activities

Model State Choice Laws and Legislation

Quick Links