Parents Planning Programs (PPP)
for the Developmentally Disabled of Florida, inc.
   
  

SB 1124, HB 371, and the Olmstead Decision

Justice Ruth Bader Ginsberg delivered the opinion for the U.S. Supreme Court in the Olmstead decision.

Historically, the case concerned residents of a state/public institutions for persons with mental illness. The petitioners wanted to live in a "community setting."

The opinion of the U.S. Supreme Court was that a person in a public institutional setting should be allowed to move into a community setting when:
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

Justice Ginsberg went on to state specifically that this decision was not intended to mean that all persons should be deinstitutionalized.

The "Olmstead mandate" has become an improper distortion of the true holding in this case - This phrase is a misapplication of the law.

Nowhere does the government require that the State move people out of what may be deemed "institutional" settings and into community settings.

Regarding the legislation we propose, to amend Chapter 419, the Olmstead decision has absolutely no relevance.