Justice Department Modifies Major Olmstead Settlement Agreement with North Carolina

April 1, 2021

In United States v. North Carolina, the parties have agreed to modify a 2012 settlement agreement resolving allegations of unnecessary segregation of adults with Serious Mental Illness in adult care homes in violation of the integration mandate of Title II of the Americans with Disabilities Act (ADA).  The modification will allow some provisions to expire timely on July 1, 2021, while extending the term of the remainder of the agreement to July 1, 2023.  The agreement requires the State to provide permanent supported housing to at least 3,000 target population members at the end of the agreement’s term, including 2,000 individuals discharged from adult care homes, and to make numerous other reforms to its mental health service system.  The State has made significant progress toward achieving the agreement’s goals.  Most notably, North Carolina is on track to serve 3,000 target population members in permanent supported housing on July 1, 2021; however, the State will continue working toward its commitment to serve 2,000 former adult care home residents into permanent supported housing.  The State has also implemented a number of important reforms—for example, to its system for pre-screening eligible individuals who are at serious risk of adult care home admission and diverting them to permanent supported housing.  Additional time is needed for the State to substantially comply with other obligations in this comprehensive agreement, such as improving community-based mental health services, supported employment, transition and discharge processes, and its quality assurance and performance improvement system. 

To read more, please click here. For more information on the Americans with Disabilities Act visit ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

Article Credit: U.S. Department of Justice

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