DHSS Press Release

DELAWARE'S OLMSTEAD PLAN REVEALS ONGOING COMMITMENT TO COMMUNITY PLACEMENTS

DHSS releases comprehensive plan on community based alternatives and Olmstead Compliance

Delaware Health & Social Services (DHSS) has released its plan to comply with the U.S. Supreme Court's decision in the case Olmstead v. Zimring. The Olmstead case determined that unjustified isolation of the disabled in institutions constitutes a violation of laws that protect the disabled from discrimination.

Years before that court decision, however, the State of Delaware maintained a long-standing commitment to serve people with disabilities in the least restrictive environment by relocating patients from its hospitals to community residential settings.

Delaware has two facilities that provide institutional care for people with mental retardation/developmental disabilities and/or mental illness, the Stockley Center and the Delaware Psychiatric Center.

Stockley Center, created in 1921, was the traditional home for Delaware's developmentally disabled and mentally retarded residents. In the mid-1980's DHSS Division of Developmental Disabilities Services (DDDS) created a unit dedicated to community services, which developed an array of community based living options, including group homes, apartments, and foster care. In addition, this unit offers case management, respite, and other supportive services to maintain developmentally disabled and mentally retarded residents in their homes. As a direct result of these efforts, the population at the Stockley Center has decreased steadily and dramatically from 555 residents since 1975. That population has decreased to 423 in 1985, 308 in 1995, and 179 this year. In recent years, DDDS has annually placed 24 residents from Stockley into community residences. This process will continue this year and, as the Olmstead Plan indicates, will continue for an additional 2-3 years until all residents who can reasonably live outside the hospital will be doing so.

The Delaware Psychiatric Center, established in 1889, provides services to the mentally ill. That institution's population peaked at 1,530 in 1965. It has dropped steadily since that time to its current census of 248, the lowest since 1896. As with Stockley, the decline in population is directly related to the expansion of community-based programs since the mid-1980s through the present. Many patients for whom community-based programs were appropriate have been placed in alternative programs over the past year. With the recent establishment of additional group homes, we have provided alternative placement for all individuals able to be treated in a less restrictive setting.

Delaware has also provided substantial services for adults with physical disabilities. In 1994, with the creation of the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), this Division began a providing a number of services designed to maintain persons with disabilities in their homes or other less restrictive settings. These services include, case management, home modification, housekeeping, personal care, respite, adult foster care and adult daycare. These services are funded by the state and by Medicaid through the Elderly and Disabled Waiver and the Assisted Living Waiver. DHSS has current availability for those currently residing in nursing homes.

Secretary of Health and Social Services Secretary Vincent P. Meconi said, "The Olmstead Case in many ways, codified much of what Delaware started years ago. Olmstead is about institutions. For years state expenditures on institutions have been replaced by expenditures on community services. Our plan ensures that this trend will continue."

A copy of Delaware's Olmstead plan is available on the DHSS web site: www.state.de.us/dhss/main/hottopics/cbaolmstead.htm.

Delaware Health and Social Services is committed to improving the quality of the lives of Delaware's citizens by promoting health and well-being, fostering self-sufficiency, and protecting vulnerable populations.