Deinstitutionalization Nationwide

Update

Deinstitutionalization Nationwide — Montana

Travis D. v. Eastmont (1996)
  • 2004 – A settlement was reached to increase community placements as well as state funding to provide people with disabilities living in the community with needed supports and services
  • 2003 – Entered court-ordered mediation
  • 1999 –The proceedings were on hold pending the U.S. Supreme Court’s ruling in Olmstead vs. L.C., which was finally decided and established the right of people with mental disabilities to live in the community
  • 1996 – The Law Center joined with the Montana Advocacy Program to file a class action lawsuit challenging the treatment of people with developmental disabilities denied community-base living arrangements, either segregated in state-run institutions or on waiting lists

In Montana in 1996, over 1,300 people with disabilities were stuck on waiting lists for community services the state is obligated to provide, at risk of involuntary and unnecessary incarceration in a state institution if anything were to happen to their guardians. Another 175 people were segregated in Montana’s large institutions, often against their will.

In August of1996, the Law Center joined with the Montana Advocacy Program to file a class action lawsuit challenging the treatment of people with developmental disabilities denied community-base living arrangements, either segregated in state-run institutions or languishing on waiting lists. After initial litigation, the proceedings were put on hold pending the U.S. Supreme Court’s ruling in Olmstead vs. L.C., which was decided in 1999 and established the right of people with mental disabilities to live in the community.

In 2003, we entered court-ordered mediation, and we reached a settlement in 2004 to increase community placements as well as state funding to provide people with disabilities living in the community with needed supports and services.

CASE DOCUMENTS