P&A Unequal Justice Report 2005

PAIMI ADVISORY COUNCIL

• Wednesday, February 8 at 10:00 a.m.
• Wednesday, May 9 at 10:00 a.m.
• Wednesday, August 15 at 10:00 a.m.

March 10 at 10:30 a.m.

June 9 at 10:30 a.m.

September  8 at 10:30 a.m.

December 8 at 10:30 a.m.

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In June 2005, three individuals in the custody of the South Carolina Department of Corrections filed a class action lawsuit on behalf of more than 2,500 inmates with serious mental illness. The plaintiffs allege that the agency has failed to provide services to such an extent that it violates their constitutional rights to be protected from cruel and unusual punishment.

Class action lawsuit against SC Department of Corrections alleges: Failure to Provide Services to Inmates with Serious Mental Illness Is Cruel and Unusual Punishment. Trial began February 6, 2012. For more information go to: www.mentalhealth4inmates.org.

Protection and Advocacy for People with Disabilities, Inc. is asking the federal court to stop the South Carolina Department of Health and Human Services (SCDHHS) from reducing the plaintiff’s Medicaid personal care hours from 60 to 28 hours per week. The plaintiff, referred to as J.K.E., needs continuous skilled care and supervision.

The complaint alleges that SCDHHS’s actions violate the federal Americans with Disabilities Act and Rehabilitation Act because she will only be able to receive the care she needs in an institution. She has lived with her family all of her life, and the current home has been extensively adapted to accommodate her safety and her needs.

Her father, Terry Elledge, who is bringing the suit on her behalf, said, “My daughter has always lived at home. It has been a tremendous amount of work for our family to provide for her in our home, but we love her and just never wanted to place her in an institution and were willing to make sacrifices. Up until now, we have received the services we need to get by, especially with the help of personal care aides. The defendants are cutting those services by more than in 50%. With this cut, we have no way to balance my daughter’s care, my wife’s job, and my own significant health issues. We have tried for over a year to keep these services, but SCDHHS will not continue them even though it will cost more to keep her in an institution.”

The complaint alleges that the cost to the state of continuing the services is less than the cost of institutional care. “I don’t understand why the state wants to force our daughter to leave her home, where she is loved and is part of the community, to enter a large expensive institution. She is very upset by any kind of change.” said Mr. Elledge.

Gloria Prevost, P&A’s Executive Director, said, “The US Supreme Court has said that the ADA requires states to allow people with disabilities to live in the community instead of institutions when they want to and are able to do so. SCDHHS’ blanket policy of reducing the number of hours that a person can receive care doesn’t make sense, especially when the result is forcing her into an institution at a higher cost to the state.”