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The Arc of Illinois

June 1, 2011

Leaders in The Arc:

The Illinois Waiting List is growing with no chance of new funding except the

Ligas Class Action Lawsuit!

The Ligas Class Action Consent Decree calls for providing 3,000 opportunities to

move off the PUNS Waiting List over the next 6 years. Beginning July 1, 2011 to

June 30, 2013, 1,000 people will move off the waiting list.

This may be the only opportunity to move people off the waiting list and out of

ICFDDs for years.

I highly recommend that adults on the waiting list should sign on the Request

For Community-Based Services or Placement in a Community-Based Setting form.

This form is attached to this email.

The Judge is reviewing this consent decree on June 15, 2011. Make sure you are

sign on and requesting community-based services.

A fact sheet on Ligas follows.

Please share the Ligas settlement with other advocates.

Tony auski

The Arc of Illinois

815-464-1832

LIGAS V. HAMOS FACT SHEET

Background on the lawsuit

Ligas v. Hamos (formerly Ligas v. Maram) is a lawsuit filed in 2005 by nine

people with developmental disabilities (Plaintiffs) who reside in large private

State-funded facilities (ICF-DDs) or who are likely to be placed in such

facilities. Plaintiffs want to receive community services, but their requests

have been denied by the State of Illinois. In 2006, a Judge certified the case

as a class action. Prior to trial, the parties reached an agreement, but at a

Fairness Hearing in July 2009, the Judge found that the class definition was too

broad as it included people who did not desire to live in the community.

Accordingly, the Judge did not approve the agreement and de-certified the class.

In January 2010, the parties reached a new agreement to provide community

services to people living in ICF-DDs who have a current record of wanting

community services, and provide community services to an additional 3,000 people

with developmental disabilities living at home without services. Previous

objectors again raised concerns and the Judge allowed them to join the case as

Interveners. After extensive negotiations, in January 2011, the Plaintiffs,

the State, and the Interveners reached a new agreement that all could support.

The Judge will be accepting comments on the agreement until May 13, 2011, and a

Fairness Hearing will be held on June 15, 2011. If approved by the Judge, the

historic agreement would reflect momentous change in state policy for serving

people with developmental disabilities.

If approved by the Judge, what will the Consent Decree achieve?

ICF-DDs residents who desire community placement would receive an

individualized, independent evaluation and the opportunity to live in the

community with appropriate services.

Over a six year period, any of the approximately 6,000 ICF-DD residents

who desire placement in the community would transition to the most integrated

community-based setting appropriate for their individual needs.

All ICF-DD residents who are happy with their current placement would

not be part of the proposed class and would not be required to move. The

proposed Consent Decree ensures that resources necessary to meet the needs of

those who choose to continue to reside in ICF-DDs will be made available.

Over a six year period, 3,000 people with developmental disabilities

currently living at home without services would be given community services.

The Judge will appoint an Independent Monitor with expertise in

developmental disabilities to oversee implementation and compliance with the

Consent Decree.

People with developmental disabilities who want to be part of the new

proposed class need to make a record with the State confirming their desire for

community services. A form that people with disabilities and/or their guardians

can use to make a record of their desire for community services can be found at

www.equipforequality.org

Questions?

If you have questions about the proposed Agreement, how to file comments with

the judge, or how to become a member of the class, please contact Barry

at 312-895-7317 or barryt@...