1124, HB 371, and the Olmstead Decision
Justice Ruth Bader Ginsberg delivered the opinion
for the U.S. Supreme Court in the Olmstead decision.
the case concerned residents of a state/public
mental illness. The petitioners wanted to
live in a "community setting."
opinion of the U.S. Supreme Court was that
a person in a public institutional
should be allowed to move into a community
1. the individual was desirous of moving
into the community
2. the professionals agreed that it was
in the individual's best interests
3. the local government had the funding
to pay for the placement
Ginsberg went on to state specifically that
this decision was not intended to
mean that all persons should be deinstitutionalized.
mandate" has become
an improper distortion of the true
holding in this case - This phrase is a misapplication
of the law.
does the government require that the State
move people out of
be deemed "institutional" settings
and into community settings.
Regarding the legislation we propose, to amend
Chapter 419, the Olmstead decision has absolutely