Unjustified isolation or segregation of persons with disabilities through institutionalization is a form of discrimination prohibited by the Americans With Disabilities Act of 1990 (ADA). The Department of Justice enforces the ADA, the Civil Rights of Institutionalized Persons Act, and other federal civil rights laws.[snip]"Protecting the rights of persons with disabilities is a critical part of the Department's civil rights law enforcement effort," said Attorney General John Ashcroft. "As a result of the Department's enforcement of the ADA and the Civil Rights of Institutionalized Persons Act, thousands of institutionalized persons who were living in dire conditions now receive adequate care and services in community-based settings."
The Department's Special Litigation Section currently has cases or investigations in 12 states, and Puerto Rico involving community placement. Some of these include:[snip]
In enforcing federal civil rights laws, the Department conducts regular investigations of health care facilities and reviews the appropriateness of placement of individuals in institutions In our settlements, the Department works to ensure that persons who are moved from institutional settings to community settings receive the services and care they need when they are placed in the community.
The Department of Justice will work closely with the Department of Health and Human Services, which has the lead role in coordinating implementation of the Olmstead executive order.
"The Department of Justice will continue to safeguard the civil rights and liberties guaranteed to all Americans," concluded Ashcroft.