"COMMUNITY FOR ALL" TOOL KIT

RESOURCES FOR SUPPORTING COMMUNITY LIVING

Web-Based Version 1.1

August 2004

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“COMMUNITY FOR ALL” TOOL KIT

RESOURCES FOR SUPPORTING COMMUNITY LIVING

NOTES:  Some portions of this Tool Kit can either be found on the Web or will link to external files; where possible, links to these external sites and documents are included.  Most files included or linked to are in Portable Document Format (PDF) and will require the free Adobe Acrobat Reader Program (available at http://www.adobe.com ) to view them.  

A full copy of the Tool Kit can be downloaded or printed. It is a large document and may take a considerable amount of time to download. You can order a complete copy of the Tool Kit including a CD with all documents. See the order form below.

Table of Contents - Web-Based Versio

I. Introduction  
a.    Why this Tool Kit?
b.    How to use this Tool Kit
c.     Shared Statement of Principles
d.    What is an Institution?
e.    What is the Community?
f.     Planning for Quality Community Supports for Moving Into the Community

II. People and Trends (Demographic Issues)

a.     Who are in the Institutions Today?
b.     All People can be Supported in the Community
c.     Trends in Institution Closure
d.     Trends in Deinstitutionalization
III.    Issues
a.     What’s Wrong with Institutions?
b.     Cost/Economic Issues
c.     Quality of Life Outcomes in the Community
d.     Choice
e.    Safeguards
f.     Family Issues
IV.    Strategies
a.     State Strategies
b.     Strategies for Advocates
c.     Working with the Media
d.     Position Statements
e.    Olmstead and Other Legal Resources
V.    Personal Stories
a.     Personal Stories Collected in Anaheim, CA, May 2004
b.     Stolen Lives Campaign Stories - May 2003, "Seeking Ways Out Together" (S.W.O.T.) Team, Titusville, New Jersey
c.     Liz's Story
VI.    Resources
a.    Packets Prepared by Groups Advocating For Institution Closure
b.    Web Sites
c.    Bibliography
VII.    Index
a.    Author Index
b.    Topical Index

I.    Introduction

a.     Why this Tool Kit?
b.     How to use this Tool Kit
c.     Shared Statement of Principles
d.     What is an Institution?
e.     What is the Community?
f.     Planning for Quality Community Supports for Moving Into the Community

WHY THIS TOOL KIT?

This tool kit was developed at the request of volunteers, advocates, self-advocates, and professionals concerned that the remarkable progress made towards the inclusion of people with cognitive, intellectual and developmental disabilities (our constituents) into the fabric and mainstream of community life in America was at risk.
In some places in the United States there are those who would not only continue to deny people currently in public and private institutions freedom and opportunity through continued institutionalization but who also want to expand the role of institutions in the lives of our constituents. 

The organizations contributing to this tool kit find that unacceptable, given all we know about how to effectively support all people, regardless of their disability, in the community. To fight the disinformation so common among those who favor continued segregation, this tool kit provides the philosophy, policy and research rationale that supports community supports and services for all people with disabilities, in the context of their families, their communities and their country.

You are free to copy or modify any of the information in this tool kit for your use. If it is photocopied or reproduced from a journal or magazine, you need to get permission to copy it from the journal or magazine publisher.
 
The published articles, book chapters and monographs should be cited as such with respect to the authors and to copyright laws.

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HOW TO USE THIS TOOL KIT

This tool kit provides:
The tool kit covers many more topics than are listed in the table of contents. These topics can be located by looking through the index. For example, workforce issues are covered in the section called “State Strategies” and the index makes this clear.

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SHARED STATEMENT OF PRINCIPLES

We, the undersigned, are committed to assuring that people with disabilities have the supports needed to design and achieve lives of quality and meaning. Such lives are characterized by opportunity, inclusion, and participation. Supports for people with disabilities should be provided in a manner that recognizes people’s inherent competence; reflects the personal preferences of each individual; conveys that the person receiving services is a valued, respected community participant; and assists individuals to achieve self-determined lives of mastery, satisfaction, and meaning. Such supports can only be provided in community settings.  We therefore refute all arguments for institutionalizing anyone on the basis of disability.

All people have fundamental moral and constitutional rights. These rights must not be abrogated because a person has a developmental, psychiatric, or physical disability. People with significant behavioral issues and those with significant health concerns can be provided quality care and lead quality lives in the community.

All relevant research supports the fact that community settings result in improved quality of life in areas such as: opportunities for integration and social participation, participation in employment, opportunities for choice-making and self-determination, quality and duration of services received, contact with friends and relatives, adaptive behavior, and other indicators of quality of life. The most recent research (Gardner, 2003) establishes the fact that there is no trade-off of health and wellness, freedom from abuse, or safety when community affiliation, choice, and self-determination are increased.

Therefore, in fulfillment of fundamental human rights and in securing optimal opportunities, we the undersigned support the continued trends toward building community capacity, institutional downsizing, and the elimination of institutional care for people with developmental disabilities (based on the Center on Human Policy’s The Community Imperative ).

List of Participating Organizations:
RESOURCES:

Center on Human Policy, Syracuse University. (1979). The Community Imperative: A refutation of all arguments in support of institutionalizing anybody because of mental retardation.  Syracuse, NY: Author. Available: http://thechp.syr.edu/community_imperative.html

Gardner, J. F. (2003, Summer/Fall). Quality and accountability for 7 cents a day. Capstone, 20(2), 1, 3.  Towson, MD: The Council for Quality and Leadership. Available: http://www.thecouncil.org/council/about/Capstones/summer03.pdf

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WHAT IS AN INSTITUTION?

Issue

There are different definitions of an “institution.” Some focus on services, some on size, while others focus on other characteristics of a setting such as control. Based on these varying definitions, it is clear that there are two major tasks related to institutions. One is to close the large public and private institutions.  The second is to transform the community services system in order to eliminate mini-institutions within the community.

Definitions

One of the ways institutions have been defined is by the purpose or services that are supposed to be provided. For example, an institution has been defined in the Social Security Act (Section 1905(d)) as a place that “(a) Is primarily for the diagnosis, treatment, or rehabilitation for people with mental retardation; and (b) Provides, in a protected residential setting, ongoing evaluation, planning, 24-hour supervision, coordination, and integration for health or rehabilitative services to help individuals function at their greatest ability.”  This definition encompasses ICF/MRs of four or more beds if “active treatment” is provided.

Another way that institutions have been defined is based on numbers of people in a setting. These definitions are commonly used for counting and tracking the numbers of people in institutions over time. For example, the definition used by Braddock (2002) includes public and private facilities for 16 or more individuals. This includes publicly and privately operated institutions, training centers, state schools, and designated MR/DD units in state psychiatric hospitals.

Other definitions are based on various characteristics of the setting, and not just size. An example is Erving Goffman’s definition: “A total institution may be defined as a place of residence and work where a large number of like-situated individuals, cut off from the wider society for an appreciable period of time, together lead an enclosed, formally administered round of life” (Goffman, p. xviii).

Finally, there are definitions which do not include size as a factor and focus entirely on other characteristics of the setting. One example is the definition of Self Advocates Becoming Empowered:  “An institution is any facility or program where people do not have control over their lives. A facility or program can mean a private or public institution, nursing home, group home, foster care home, day treatment program, or sheltered workshop.” Definitions such as this raise the issue of the presence of mini-institutions within the community. Research conducted by J. David Smith provides an example: “When I first visited John in 1987, I was immediately taken with the institutional feel of the adult home where he was living. It had the look and smell of institutions I had visited years before…The term home connotes for me a personal place, a place that belongs to its inhabitants and a place where individuality is paramount. A home is where you can be `yourself’ and where the inhabitants know one another well, even if they don’t live in complete harmony. I find particularly disturbing the use of the word home for impersonal, anonymous places where people have little control over their own lives” (Smith, 1995, p. 57).

RESOURCES:

Braddock, D. (Ed.). (2002). Disability at the dawn of the 21st century and the state of the states. Washington, DC: American Association on Mental Retardation.

Centers for Medicare & Medicaid Services. (2004). Intermediate Care Facility for People with Mental Retardation Program (ICF/MR). Available: http://www.cms.hhs.gov/medicaid/icfmr/default.asp

Goffman, E. (1963). Stigma: Notes on the management of spoiled identity. Englewood Cliffs, NJ: Prentice-Hall, Inc.

Smith, J. D. (1995). Pieces of purgatory: Mental retardation in and out of institutions. Pacific Grove, CA: Brookes/Cole Publishing Co.

INCLUDED WITH THIS SECTION AS A BACKUP DOCUMENT:

Federal definitions of “institution.”
(2004). Syracuse, NY: Center on Human Policy.

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WHAT IS THE COMMUNITY?

The community is not one place, but is the places, urban, suburban, rural, South, West, North and East where Americans live. It is houses and apartments, schools and houses of worship, factories, stores, offices, ballparks, recreation centers and so much more. It is not an idealized place, like Lake Wobegon, where all are perfect. Communities have strengths and weaknesses, highs and lows. But community is the place where you make friends, have the choice of things to do or not do, where you share your joys and sorrows, where your parents brought you when you were born, where your grandparents live out their lives.  It is where people care about each other or stay distant, again their choice. As our friend John McKnight says, communities are places with infinite capacity for caring, for acceptance and for opportunity. America has been built on the strength of its communities.

Community is not a place where you are isolated, deprived of the rights and experiences of other citizens when you have committed no crime, not been convicted of any offense. Community is a place where there are unlimited opportunities, not a place where because you are “different” or “special” or “exceptional” you cannot fit in, blend in, participate and contribute, give and receive.

Community is where all people belong, disability or not, in need of a lot of supports, or some or none. Community is possibility and opportunity and hope for the future. It is not a program, or services or an alternative. It is the only choice.

Community Capacity--Is It Enough--How to Build?

When John McKnight calls communities places that have infinite capacity, we agree.

The argument that the community does not have the capacity to serve all people, or people with the most significant disabilities is false. It is also a chicken and egg argument.

The nine states that do not have big congregate facilities for their sons and daughters with disabilities have developed the capacity to support each person, one at a time.

One of the things keeping institutions open does is robbing the community of the opportunity to develop capacity for each person. Communities are rich in resources and resources can be developed with dollars reappropriated from segregated facilities.

The community provider network has a diverse set of organizations, and there is the expertise in this country, in our providers, universities and other community supports for people without disabilities to figure out how to provide each person with a good life.

INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Davis, D., Fox-Grage, W., & Gehshan, S. (2004). Deinstitutionalization of persons with developmental disabilities: A technical assistance report for legislators. Denver & Washington, D.C.: National Conference of State Legislatures. Available: http://www.ncsl.org/programs/health/Forum/pub6683.htm  
(see section on State Strategies for a copy of this report)

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PLANNING FOR QUALITY COMMUNITY SUPPORTS FOR MOVING INTO THE COMMUNITY

As we were developing this tool kit, we heard from people whose loved ones are in institutions, and who had concerns about community “readiness” and political awareness of some of the difficulties involved.  We address some of these issues separately in many different sections of this tool kit.  In this section, we want to assure readers that institution closure can be safe, healthy, and beneficial for people with disabilities and families, when good planning principles are followed. Many states and localities have already moved large numbers of people into the community, and in recent years have done so in a person-centered way, using planning tools such as “Essential Lifestyle Planning,” “Person-Centered Planning,” “PATH,” or “MAPS”  (go to http://www.family-futures.org.uk/index.html and click on “Planning Tools” for more on some of these processes). The point here is that this has been done, over and over, and that there are many people in the field with the expertise to help.

Following are some questions posed by a person who knew we were working on this tool kit and who opposes institution closure. This person’s comments are in italics throughout this page, and are followed by our responses.

The person’s overall comment was, “The first priority for inclusion in the ‘kit’ should be the tools and guidance to educate the groups on the art of developing the following information first, which can then be used as a firm foundation on which to pursue their desired goal":

Developing and documenting the services that those currently in the institutions are now receiving.
Our response: A comprehensive, person-centered plan should be developed for each person who will be leaving the institution. There are many good formats, and you can view a description of them at the web address given above. The most important thing is to identify what the person needs and wants, and very specific information about likes and dislikes, medical conditions, treatments and medications. Replicating what the institution provided is not the point in such a plan, because institutions often provide services that a person does not want or need, and fail to provide things a person would really enjoy.  However, the plan should encompass everything the person must have in order to be healthy and safe in the community. This document should be shared with those who will be providing support for the person, long before the person leaves. It is advisable to develop a transition plan for each person, spelling out how the person will move, who will be responsible at the time of transition for continuity of support, and how problems will be solved.
Documenting how those services can/could/might be provided in the community.
Our response: see above. Most providers of services will take a person-centered plan and spell out how they will implement the plan. Michael Smull has some very good materials on this. Go to http://www.allenshea.com/perversion.html , http://www.allenshea.com/listentome.html , http://www.valuingpeople.gov.uk/pcp.htm , and http://www.elpnet.net/ .
Researching and documenting the man-hours correlating to the documented services required and needed to absorb the potential additional requirement on services/providers in the community.
Our response: this is a standard process, though different from state to state. Remember, the purpose of moving people to the community is not to save money or conserve resources.  It is to improve the quality of people’s lives. Frequently, at the time of transition people need more support and, as they become accustomed to the community setting and the support staff become accustomed to them, the needs for supports diminish. This is an individual decision, not something that can be predicted or planned in advance.
Document IF, WHERE, AND HOW the services are actually currently available in the community to absorb the additional documented workload.
Our response: this is a red herring, and a favorite scare tactic of institutional proponents. If the services and supports for each person are developed individually, there is often nothing to SEE in advance of a decision to close an institution. Once it has been decided that a person will move, however, it should be possible for family members to visit people who are currently living in a setting similar to what could be or is being planned for a person. Before a person moves simple things can be arranged. The name, address and phone numbers of physicians, dentists, pharmacies, etc. can all be provided, and records can be transferred to those places so that they are acquainted with the person. Before a person’s move actually takes place, they should approve where they are going to live, and they should visit several places to make sure they are pleased with where they are going. The fact is, if a state has decided to close an institution, then that state must ensure that services will be developed to meet the needs of everyone who will move. And in fact, that process has occurred innumerable times over the past two decades. In any closure, advocates would of course insist that the appropriate services be provided in the community.
Document the cost for each service required by each person currently served in an institution and the resultant total cost to the system to effectively provide a clear audit trail of the needed revenue.
Our response: The revenue streams are separate. Usually the institution and community service revenue streams are separate items in a state budget. The cost of the supports for each person, and the total amount of available resources, are an essential part of any plan, on an individual not a group basis. Some people will cost more in the community and some less but decisions about moving a particular individual out of an institution should never be made on the basis of saving money. The fact is that in an institution, different people require different amounts and types of resources and supports, even though this is not costed out on an individual basis as it might be in the community. The potential or real cost of serving a person should not be an excuse for keeping him/her in an institution. See our section on Cost Issues for more information and argument on this point.
Develop statistics reflecting the impact the closure of the institution will have on those individuals currently in the community as a result of the potential closure, i.e., how much longer will those people currently on waiting lists in the community and not receiving any services, or less services than required, be expected to go without services and how much longer will they remain on the "waiting list" as the result of a person discharged from an institution taking priority.
Our response: There is no relationship between these two, and in fact, keeping people in the institution increases, not decreases, time on waiting lists. The people in institutions already have funds spent on them and those funds, when allocated properly, move to the community appropriation once the institution closes. It is a myth that moving people from an institution increases waiting lists.  The opposite appears to be true in many cases, because some states find creative ways of serving people on waiting lists along with people moving from institutions.
Document the services those currently in the community not receiving services require and cost these services out.
Our response: This is a good waiting list strategy, but has nothing to do with getting people out of institutions.
Develop a plan that ensures the documented residential placements, caretakers, professional services, and revenue will be in place in the community PRIOR to advancing to the next step of advocating to close an institution that is providing quality services for those with severe/profound mental retardation, those most medically fragile, and those with extremely serious behavior problems.
Our response: A good plan must address all of these things, whether or not one accepts the assertion that quality services are provided in the institution. Advocates of institution closure should insist that such planning be done. See some of our other sections, too—such as the State Strategies section, the Quality of Life Outcomes in the Community section, and the section titled All People Can Be Supported in the Community . It should be obvious that you are not advocating for a system that “dumps” people, unsupported, into an unprepared community.
The person’s last comment was: Start with some variation of the above approach and I will be convinced that you are actually advocating in the best interests of our most severely disabled citizens who are now well cared for by dedicated direct care, nursing, medical, dental, and therapeutic staff in our institutions.
Our response: no further response is needed to this comment, but let us hope that the person is now convinced!

We include in this section an article prepared by John O’Brien in 1995 when New York State was planning a series of institution closures. It reflects the thinking of the time—lots of emphasis on good planning, and awareness that compromises (especially in regard to individualization) might have to be made. He emphasizes the importance of understanding which steps are compromises, so that more individualized planning can be done after a person moves if it couldn’t happen when he/she first left the institution. Thus, he warns against building structures and infrastructure that cannot easily be changed during the years after a move. While that is a possible strategy, in other states advocates have insisted that all moves should be individually planned and carried out. 

Person-centered planning efforts indicate that these plans can help people to get a good start in getting a life that makes sense to them. However, these same efforts also demonstrate that good planning is only the first part of the effort. Plans must be accompanied by implementation and on-going learning. It is fair to say that efforts over the past several years have strengthened the competencies of community services, and of community residents, in building capacity to support people with any kind of challenging condition, whether medical, behavioral, or forensic. This is where our efforts must be concentrated in the future. In many ways, it is sad that we must still spend time and effort on arguments about whether institutions should be kept open, or reopened. We know so much now about how to support people in the community, and we should be spending everyone’s time in keeping the good that we have, in developing even more community capacity, and in learning from the people we support.

RESOURCES:

Holburn, S., & Vietze, P. M. (Eds.). (2002). Person-centered planning: Research, practice, and future directions. Baltimore: Paul H. Brookes Publishing Co.

O’Brien, J., & Lyle O’Brien, C. (Eds.). (1998). A little book about person-centered planning: Ways to think about person-centered planning, its limitations, the conditions for its success. Toronto: Inclusion Press.

O’Brien, J., & Lyle O’Brien, C. (Eds.). (2002). Implementing person-centered planning: Voices of experience. Toronto: Inclusion Press.

INCLUDED WITH THIS SECTION AS A BACKUP DOCUMENT:

O’Brien, J. (1995, Winter). Issues and challenges in developing individualized supports. In Individualized services in New York State [Policy Bulletin No. 4] (pp. 20-22). Syracuse, NY: Research and Training Center on Community Integration, Center on Human Policy, School of Education, Syracuse University. Available: http://thechp.syr.edu/nysbisch.htm

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II.    People and Trends (Demographic Issues)

a.     Who are in the Institutions Today?
b.     All People can be Supported in the Community
c.     Trends in Institution Closure
d.     Trends in Deinstitutionalization

WHO ARE IN THE INSTITUTIONS TODAY?

The residents of the institutions in the United States range in age, level of intellectual disability, additional conditions (other than intellectual disability), and functional limitations. The same can be said of those who live outside of such institutions. This section provides more information on those still living in institutions, because assertions are often made that these people are older and more disabled and therefore cannot be supported safely in the community.  See the next section for more information on that.

In 2002, over half (55.4%) of the 44,066 people in large state institutions serving 16 or more people were between the ages of 40 and 62. Children under 21 comprised only 4.5%, those between 22 and 39 comprised 30.9%, and only 9.2% were 63 or over. Obviously, it is not the case that most of the people still in institutions are “old.” Most have many years in which they could enjoy community life.

The Executive Summary and chapter included in this section provide information on who is still in institutions, and on the changes in the institution cohort over the years. For example, even though the proportion of all residents having profound intellectual disabilities has increased significantly, their actual numbers decreased by more than 41,100 people between 1977 and 2002, and between June 1996 and June 2002 their numbers decreased by about 10,700 persons. This rate is similar to or even slightly faster than the rate of decrease in people with less severe intellectual impairments.

Similarly, the percentage of residents of large state institutions reported to have functional limitations in various activities of daily living, or to have additional impairments as well as intellectual disability, remained stable between 1998 and 2002; but their actual numbers decreased. 

Advocates can use the research studies cited here to look at their own states’ statistics in regard to characteristics of residents in state institutions. Go to the first web site listed (you will need Acrobat Reader to download it, and you can get it free at www.adobe.com ).  The main point advocates can make, however, is that people with all of the significant disabilities that are usually cited as barriers to community living ARE living in the community. Community programs increasingly know how to support people with these disabilities. Most people with significant disabilities are now living, and have always lived, with their families. 

INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Lakin, K. C., Larson, S. A., Prouty, R. W., & Coucouvanis, K. (2002). Chapter 3: Characteristics and movement of residents of large state facilities. In R. W. Prouty, G. Smith, & K. C. Lakin (Eds.), Residential services for persons with developmental disabilities: Status and trends through 2002 (pp. 31-46). Minneapolis: University of Minnesota, Research and Training Center on Community Living, Institute on Community Integration. 

Prouty, R. W., Smith, G., & Lakin, K. C. (2002). Executive summary. In R. W. Prouty, G. Smith, & K. C. Lakin (Eds.), Residential services for persons with developmental disabilities: Status and trends through 2002 (pp. iii-x). Minneapolis: University of Minnesota, Research and Training Center on Community Living, Institute on Community Integration. 

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Lakin, K. C., Larson, S. A., Prouty, R. W., & Coucouvanis, K. (2002). Chapter 3: Characteristics and movement of residents of large state facilities. In R. W. Prouty, G. Smith, & K. C. Lakin (Eds.), Residential services for persons with developmental disabilities: Status and trends through 2002 (pp. 31-46). Minneapolis: University of Minnesota, Research and Training Center on Community Living, Institute on Community Integration. 

Prouty, R. W., Smith, G., & Lakin, K. C. (2002). Executive summary. In R. W. Prouty, G. Smith, & K. C. Lakin (Eds.), Residential services for persons with developmental disabilities: Status and trends through 2002 (pp. iii-x). Minneapolis: University of Minnesota, Research and Training Center on Community Living, Institute on Community Integration. 

For a complete copy of the entire report available at http://rtc.umn.edu/risp02/risp02.pdf or http://rtc.umn.edu/risp/index.html .

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ALL PEOPLE CAN BE SUPPORTED IN THE COMMUNITY

One common argument for keeping institutions open is that there are some people who cannot be supported in the community. Typically, these include people who have significant and complex medical needs, behavioral issues, and psychiatric disabilities, and people who have grown old in the institution. How can advocates respond to these concerns?

First of all, people with these needs live in states that have closed or drastically reduced the population of their public institutions, as well as in states that rely on institutions to serve them. By 2001, 125 public institutions had closed across the country. The states of Alaska, Hawaii, Minnesota, New Hampshire, New Mexico, Rhode Island, Vermont, and West Virginia, and the District of Columbia, have closed all of their public institutions. Arizona, Colorado, Maine, and Michigan have very few people still living in public institutions by that year. These states have developed successful strategies for supporting people with significant needs in the community.

Second, many people with extensive support needs, similar to or more intensive than the needs of those now living in institutions, are living in the community today. Many of these people have never lived in an institution. Many others have moved from institutions into the community.

People with Challenging Behavior

In the last decade, studies of people who have moved from institutions have consistently found improvements (or no deterioration) in adaptive and challenging behavior after they move into the community. Many states have developed systems of behavioral support and crisis prevention/response, and many states have shifted from group settings to individualized, person-centered support services, thus reducing the provocations that may trigger difficult behavior. Many people with behavioral issues, now living in environments that interest and satisfy them, learn how to express themselves in other ways.  States need not rely on institutions to serve people with challenging behavior.

People with Significant and Complex Medical Needs

People who rely on feeding tubes and ventilators, who have difficult-to-control diabetes or seizures or other potentially dangerous conditions, who need suctioning and frequent positioning, or who have other medical conditions requiring sophisticated medical expertise and technology, are living in the community in most states. For every person with such needs in institutions, there are many with the same or more complex needs living in the community, going to school, going on family vacations, going to a workplace, and generally having as normal a life as possible. Their medical services are provided by community doctors, nurses, personal care assistants, provider agency staff persons, and trained family members.  At times, specialized medical services must be created or packaged in order to meet needs: medical equipment might be brought into a home, or round-the-clock nursing assistance, to enable the person to live as normally as possible.  According to the studies that we could find, it is clear that this group of people is a small percentage of people with developmental disabilities, and the data about their health outcomes is very limited.  That is, some data shows that most people’s health improves with a move to the community, and other data shows that health outcomes for people with the most severe disabilities are slightly worse.  It should be evident that where careful planning and implementation is done, those with complex medical conditions have better outcomes.

The latest information from The Council on Quality and Leadership (Gardner, 2003) states, ”In organizations participating in The Council's accreditation program with the Personal Outcome Measures, there is no tradeoff of health and wellness, freedom from abuse, or safety in the pursuit of greater outcomes in the areas of community affiliation, choice or self determination.  The data show no negative relationship between outcomes related to quality of life and social capital and those of basic assurances. People can make choices associated with where to live and work, and what to do during the day without compromising health and safety. Promoting choice and connections to the community and relationships, in fact, help to promote and sustain these basic protections."

The fact is that as a field, we know how to support people with complex medical needs in the community, and to do so in a manner that maintains their health and happiness. States need not rely on institutions to serve people with complex medical needs.

People with Psychiatric and Developmental Disabilities

The states that have closed their public institutions for people with developmental disabilities have also learned how to support people with psychiatric disabilities (so-called “dually diagnosed” individuals) in the community. In fact, far more people with both diagnoses are living in communities all over the country than in public institutions. States need not rely on institutions to serve people with both psychiatric and developmental disabilities.  

Older People with Developmental Disabilities

It is sometimes said that people who have grown old in a public institution should not be moved into a home in the community, because “the institution is the only home they have ever known.” However, individuals who have moved out after growing old in institutions are frequently very happy with the move.   States need not keep institutions open just for the older residents of such institutions.

People Involved with the Criminal Justice System

When a person with a developmental disability is charged with or found guilty of committing criminal offenses, decisions about his or her future placement are under the jurisdiction of the courts and the criminal justice system. Some states have developed services for this group of people, but the issue of whether or not they can be served in the community is for the courts to decide, ideally in collaboration with the developmental disability service system. Institutions should not be kept open for them, because there are other alternatives the courts can utilize.

RESOURCES USED FOR THIS SECTION:

Gardner, J. F. (2003, Summer/Fall). Quality and accountability for 7 cents a day. Capstone, 20(2), 1, 3.  Towson, MD: The Council for Quality and Leadership. Available: http://www.thecouncil.org/council/about/Capstones/summer03.pdf

Hanson, R. H., Wiesler, N. A., & Lakin, K. C. (Eds.). (2001, Spring). IMPACT: Feature Issue on Behavior Support for Crisis Prevention and Response, 14(1). Minneapolis: Institute on Community Integration, University of Minnesota.

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Cheek, M. (2001, Spring). Serving persons with MR/DD who are involved with state criminal justice systems. In R. H. Hanson, N. A. Wiesler, & K. C. Lakin (Eds.), IMPACT: Feature Issue on Behavior Support for Crisis Prevention and Response, 14(1), 22-23. Minneapolis: Institute on Community Integration, University of Minnesota. Available: http://ici.umn.edu/products/impact/141/prof6.html

Fitzgerald, T., & Lakin, K. C. (1995/96, Winter). The final stages: Community services for people considered the most difficult to serve. In M. F. Hayden, K. Charlie Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 24-25. Minneapolis: Institute on Community Integration, University of Minnesota.

Lakin, K. C. (2001, Spring). Community for all: Experiences in behavior support and crisis response. In R. H. Hanson, N. A. Wiesler, & K. C. Lakin (Eds.), IMPACT: Feature Issue on Behavior Support for Crisis Prevention and Response, 14(1), 2-3, 27. Minneapolis: Institute on Community Integration, University of Minnesota. Available:  http://ici.umn.edu/products/impact/141/over2.html

Rosenau, N. (2004, March/April). “But aren’t there some people…? Dispelling the myth. TASH Connections, 30(3/4), 8-10, 30.

Smull, M. W. (2001, Spring). A crisis is not an excuse. In R. H. Hanson, N. A. Wiesler, & K. C. Lakin (Eds.), IMPACT: Feature Issue on Behavior Support for Crisis Prevention and Response, 14 (1), 1, 26-27. Minneapolis: Institute on Community Integration, University of Minnesota. Available:  http://ici.umn.edu/products/impact/141/over1.html

OTHER RESOURCES:

Gardner, J. F. (2003, Summer/Fall). Quality and accountability for 7 cents a day. Capstone, 20(2), 1, 3.  Towson, MD: The Council for Quality and Leadership. Available: http://www.thecouncil.org/council/about/Capstones/summer03.pdf

Newton, P. (Ed.). (2004, March/April). Living in the community: Supporting people with complex medical needs [Feature Issue]. TASH Connections, 30 (3/4).

Opsal, C. (Ed.). (2002, September). Health status, health care utilization patterns, and health care outcomes of persons with intellectual disabilities: A review of the literature. Policy Research Brief, 13(1).  Minneapolis: Institute on Community Integration, University of Minnesota. Available: http://ici.umn.edu/products/prb/131/default.html

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TRENDS IN INSTITUTION CLOSURE

National Trends

The trend toward institutional closure began in the 1970s and continued throughout the1980s and 1990s. Between 1970-1984, 24 institutions in 12 states were closed. By 1988, 44 institutions in 20 states had been closed. And, by 2000, there were 125 closures, or planned closures, in 37 states. A number of factors contribute to this trend toward institution closure. One is that as states have further developed their community services system, they have less need or desire for institutions. Second, due to rising costs of institutionalization, states are relying less on institutional services.

State Trends

In 1991, New Hampshire closed the Laconia State School and became the first state to close all of its public institutions. Since that time, The District of Columbia, Vermont, Rhode Island, Alaska, New Mexico, West Virginia, Hawaii, and Minnesota have also closed all of their public institutions. In contrast, states which continue to use institutions for a significant number of people include: Arkansas, Louisiana, Mississippi, North Carolina, and Virginia.

Issues
INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Braddock, D. (Ed.). (2002). Disability at the dawn of the 21st century and the state of the states. Washington, DC: American Association on Mental Retardation.

Lakin, K. C., & Prouty, R. (1995/96, Winter). Trends in institution closure. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 4-5. Minneapolis: Institute on Community Integration, University of Minnesota.

OTHER RESOURCES:

Braddock, D., & Heller, T. (1985, August). The closure of mental retardation institutions I: Trends in the United States. Mental Retardation, 23 (4), 168-176.

Scheerenberger, R. C. (1987). A history of mental retardation: A quarter century of promise. Baltimore: Paul H. Brookes Publishing Co.

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Braddock, D., Hemp, R., Rizzolo, M. C., Parish, S., & Pomeranz, A. (2002). Table 2.5: Completed and in-progress closures of public institutions. In D. Braddock (Ed.), Disability at the dawn of the 21st century and the state of the states (pp. 93-94). Washington, DC: American Association on Mental Retardation.

Lakin, K. C., & Prouty, R. (1995/96, Winter). Trends in institution closure. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 4-5. Minneapolis: Institute on Community Integration, University of Minnesota.

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TRENDS IN DEINSTITUTIONALIZATION

Background

“Deinstitutionalization as a concept affecting mentally retarded persons gained recognition during the late sixties; acquired greater support during the seventies; and became a national political, professional, and parental goals during the eighties” (Scheerenberger, 1987, p. 241). The population of people with intellectual disabilities in public institutions peaked at 194,650 in 1967. Since that time, there has been a significant national trend toward deinstitutionalization. However, in the past three years, the reductions in population at state institutions have been the smallest in 30 years.

National Trends

By 1977, there were 149,892 individuals in public institutions, and by 2000 there were 47,374. Between 1990 and 2000, the number of individuals in public institutions declined by 44%, from 84,818 to 47,374. In this same time period, the number of individuals in private facilities for 16 or more people declined from 38,883 to 34,410 (26%), and the number of people with developmental disabilities living in nursing facilities declined from 38,960 to 34,743 (23%).

State Trends

All states except Missouri and North Dakota reduced their public institutional populations during 1996-2000.  At the same time, there is wide variation between states with respect to trends in deinstitutionalization. The states with the greatest percentage reduction in public institution population between 1996-2000 were:  Kansas, Maine, Minnesota, New York, Oregon, and Tennessee. These states reduced the size of public institutions by 40%-86%. During the same time period, several other states only reduced their institutional populations by less than 15%. These states include: Arkansas, Delaware, Florida, Illinois, Iowa, Kentucky, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Texas, and Washington.

Issues
INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Braddock, D. (Ed.) (2002). Disability at the dawn of the 21st century and the state of the states.  Washington, DC: American Association on Mental Retardation.

OTHER RESOURCES:

Lakin, K. C., Prouty, R., Polister, B., & Coucouvanis, K. (2004, June). States’ initial response to the President’s New Freedom Initiative: Slowest rates of deinstitutionalization in 30 years. Mental Retardation, 42 (3), 241-244.

Scheerenberger, R.C. (1987). A history of mental retardation: A quarter century of promise.  Baltimore: Paul H. Brookes Publishing Co.

INCLUDED IN THIS SECTION AS A BACKUP DOCUMENT:

Lakin, K. C., Prouty, R., Polister, B., & Coucouvanis, K. (2004, June). States’ initial response to the President’s New Freedom Initiative: Slowest rates of deinstitutionalization in 30 years. Mental Retardation, 42 (3), 241-244.

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III.    Issues

a.     What’s Wrong with Institutions?
b.     Cost/Economic Issues
c.     Quality of Life Outcomes in the Community
d.     Choice
e.    Safeguards
f.     Family Issues

WHAT’S WRONG WITH INSTITUTIONS?

Issue
The idea of providing “human” services in an institution has never worked and will never work. This is because of problems with the nature of institutions. Wolfensberger (1975, p. 69) states: “It seems as if the very model, as we have known it, is unworkable.” Problems with institutions are most powerfully revealed by the stories and experiences of people who have lived in institutions. Tia Nelis, a noted self-advocate, emphasizes the critical need to hear the voices of those who live in or have lived in institutions: “Next time people start talking about closing institutions, make sure you’re asking and listening to the right people—those who live there. They know the truth about these places” (Nelis, 1995/96, p. 27). Problems with institutions are also revealed by research. Themes from personal accounts and research include the following:
RESOURCES:

Blatt, B. (1981). In and out of mental retardation: Essays on educability, disability, and human policy. Baltimore: University Park Press.

Hayden, M. F. (1997). Living in the freedom world: Personal stories of living in the community by people who once lived in Oklahoma’s institutions. Minneapolis: University of Minnesota, Research and Training Center on Community Living, Institute on Community Integration (UAP).

Nelis, T. (1995/96, Winter). The realities of institutions. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 1, 27. Minneapolis: Institute on Community Integration, University of Minnesota.

Pratt, J. (Ed.). (1998). On the outside: Extraordinary people in search of ordinary lives. Charleston, WV: West Virginia Developmental Disabilities Planning Council.

Sobsey, D. (1994). Violence and abuse in the lives of people with disabilities: The end of silent acceptance?  Baltimore: Paul H. Brookes Publishing Co.

Taylor, S. J. (1984).  A man named August.  Institutions, Etc., 7(10).

Taylor, S. J. (1988).  Caught in the continuum: A critical analysis of the principle of the least restrictive environment. Journal of The Association for Persons with Severe Handicaps, 13(1), 45-53.

Wolfensberger, W. (1975). The origin and nature of our institutional models (Rev. ed.). Syracuse, NY: Human Policy Press.

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COST/ECONOMIC ISSUES

There are many myths about the costs of institutional versus community services. Some insist that a person with significant disabilities cannot be served in the community because it would cost too much. Others insist that community services are always less expensive. In reality, the economic issues related to maintaining institutions, as opposed to deinstitutionalization or closure paired with development of quality community services, are complex. Much depends on decisions made at the state level about issues such as infrastructure, community capacity-building, wages of community workers, and the like. Still, research on the economic consequences of institutional downsizing and closure is available and will be summarized in this cover sheet.

Also, it is crucial that costs be viewed in the aggregate—that is, for a large group of people instead of on an individual basis. Making decisions about whether or not someone should live in the community based on the cost of serving that person is like saying that if a person’s services and supports cost more than an arbitrary ceiling amount, he or she is not worth the expense. This goes against everything disability advocates stand for. When costs are aggregated, the average per-person cost is the standard, and it is appreciated that the expenses for some will be higher than the expenses for others. 

Considerations Other than Money

Since 1980, 38 research studies have indicated that people who move into communities from institutions show improvements in daily living skills, community participation, frequency of contact with family members and others in the community, greater choice, and satisfaction (Kim, Larson, & Lakin, 1999). Public money is wisely spent when people grow, learn, become more independent, and enjoy their lives, and studies consistently show that people who move to the community are much more likely to do just those things. Conversely, in institutions, tax dollars are paying for services that are shown to produce poor outcomes for the people served. This is poor public policy. In fact, the states that have closed institutions have done so because it is the right thing to do, not because it would save money.

Comparing Costs

In 2002, states spent an average of $125,746 per public institution resident, as compared with $37,816 per person served in the community through the Medicaid home and community based waiver (HCBS). However, such comparisons can be misleading, in part because the services differ in many respects, such as the amounts or types of support provided and the characteristics of the people served. Most people still live with families, so the costs of 24 hour supports that are provided unpaid by families can make community services look lower for those people.

In studies that looked more closely at the costs of services provided to similar groups of people served in both types of settings, costs of community services ranged from 5% to 27% less than state institutional services provided to similar people. However, a major reason for that difference was that substantially lower wages and benefits are consistently (across states and providers) paid to direct support workers in community service agencies. 

Costs of Closing Institutions

When states close institutions, there is generally a period during closure when more money must be spent. Safety must be ensured in the institution for those who have not yet left, and at the same time there must be expansion of services in the community.  Community service expansion should include the costs of building new or enhanced systems for supporting people with significant disabilities (crisis behavioral response systems, housing and work developers, service coordinators, etc.), as well as one-time expenses for start-up (housing deposits, furnishings, appropriate clothing, etc.). Per-person costs in institutions that are closing go up as people move because institutions have many fixed costs that cannot be reduced. After closure, these costs end. 

One study (Stancliffe, Lakin, Shea, Prouty, & Coucouvanis, in press) compared per diem institutional costs in states that had dramatically reduced or closed institutions between 1988 and 2000 to per diem costs in states that had very minor declines in institutional populations during the same years. This study found that the high-change states had a greater increase in per-person costs in their institutions than did the low-change states. However, their institutional populations declined rapidly, bringing their overall institutional expenditures down over time. Of course, those states that closed institutions had no institutional per diem after closure and were able to spend all of their annual allocation in the community. Additionally, some states have been able to sell their institutional facilities and land, and to use these proceeds to support more people with developmental disabilities in the community.

Cost Savings?

Recent cost comparisons of community and institutional services do not support the position that there are “economies of scale” associated with institutions or that community settings (especially traditional setting such as group homes and sheltered employment) cost less than institutions. These studies also suggest that costs are associated with a state’s traditions as much as with any absolute “cost of service” that can be identified. That is, one state may spend two or three times as much, per person, as another, due to many factors unrelated to the support needs of the individuals being served. It is also important to note that the cost impact of new ways of providing supports, such as consumer-directed services with individual budgets (often referred to as “self-determination”), is just beginning to be studied.  A 2004 Policy Research Brief, Costs and Outcomes of Community Services for Persons with Intellectual and Developmental Disabilities, which was recently published by the Research and Training Center on Community Integration, presents evidence about individual budgets, as does the Spring 2004 IMPACT Feature Issue on Consumer-Controlled Budgets and Persons with Disabilities. States can use their budgets to do what they decide to do.  As advocates, our job is to remind them that all people are entitled to life in the community, and that they can make this a reality if they choose to do so. 

INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Eidelman, S. M., Pietrangelo, R., Gardner, J. F., Jesien, G., & Croser, M. D. (2003, April). Let’s focus on the real issues. Mental Retardation, 41(2), 126-129.

Kim, S., Larson, S. A., & Lakin, K. C. (1999). Behavioral outcomes of deinstitutionalization for people with intellectual disabilities: A review of studies conducted between 1980 and 1999.  Policy Research Brief, 10(1). Minneapolis: University of Minnesota, Institute on Community Integration. Available: http://ici.umn.edu/products/prb/101/default.html

Kim, S., Larson, S. A., & Lakin, K. C. (2001). Behavioural outcomes of deinstitutionalization for people with intellectual disability: A review of US studies conducted between 1980 and 1999. Journal of Intellectual & Developmental Disability, 26(1), 35-50.

Moseley, C., Lakin, C., & Hewitt, A. (Eds). (2004, Spring). IMPACT: Feature Issue on Consumer-Controlled Budgets and Persons with Disabilities, 17(1). Minneapolis: Institute on Community Integration, University of Minnesota. Available: http://ici.umn.edu/products/impact/171/default.html

Stancliffe, R. J., & Lakin, K. C. (2004, May). Costs and outcomes of community services for persons with intellectual and developmental disabilities. Policy Research Brief, 15(1). Minneapolis: University of Minnesota, Institute on Community Integration. Available: http://ici.umn.edu/products/prb/151/default.html

Stancliffe, R. J., Lakin, K. C., Shea, J. R., Prouty, R. W., & Coucouvanis, K. (in press). The economics of deinstitutionalization. In R. J. Stancliffe & K.C. Lakin (Eds.), Costs and outcomes of community services for people with intellectual disabilities. Baltimore, MD: Paul H. Brookes.

Taylor, S. J. (2003, April). The editor’s perspective on institutional and community costs. Mental Retardation, 41(2), 125-126.

RESOURCE:

Conroy, J. W. (1998, December). Are people better off? Outcomes of the closure of Winfield State Hospital [Final Report (No. 6) of the Hospital Closure Project]. Rosemont, PA: The Center for Outcome Analysis.

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Eidelman, S. M., Pietrangelo, R., Gardner, J. F., Jesien, G., & Croser, M. D. (2003, April). Let’s focus on the real issues. Mental Retardation, 41(2), 126-129.

Stancliffe, R. J., Lakin, K. C., Shea, J. R., Prouty, R. W., & Coucouvanis, K. (in press). Excerpts from The economics of deinstitutionalization. In R. J. Stancliffe & K.C. Lakin (Eds.), Costs and outcomes of community services for people with intellectual disabilities. Baltimore, MD: Paul H. Brookes.

Taylor, S. J. (2003, April). The editor’s perspective on institutional and community costs. Mental Retardation, 41(2), 125-126.

Return to Table of Contents

QUALITY OF LIFE OUTCOMES IN THE COMMUNITY

Issue

What quality of life improvements are experienced by people who move from institutions into the community? Much research has focused on certain specified “quality of life outcomes.” In order to best understand quality of life outcomes, it is most important to listen to the experiences and perspectives of individuals with disabilities who have lived in the institution and then the community.

What Is Quality of Life

Quality of life is difficult to define; it is different for each person, and depends on personal experience. Goode (1992, p. 3; cited in Taylor, 1994) quotes a definition from the National Institute on Disability and Rehabilitation Research: “the timbre of life as experienced subjectively; one’s feelings about/evaluations of one’s own life…”

There are many ways that people have tried to capture and frame quality of life. One of the most commonly used and referred to today in the field of developmental disabilities is the five “valued experiences” proposed by John O’Brien and Connie Lyle O’Brien (1987). These include: sharing ordinary places and activities; making choices; developing abilities and sharing personal gifts; being respected and having a valued social role; and growing in relationships.

Research on Quality of Life

For research purposes, many different definitions of quality of life have been used. Research studies have examined quality of life across domains such as interpersonal relations, social inclusion, personal development, physical well-being, self-determination, material well-being, emotional well-being and rights.

Quality of Life and the Individual’s Perspective

In order to really understand the difference between quality of life in an institution and in the community, it is necessary to listen to the stories of people who have lived in institutions and in the community. Time after time, these stories document abuse and lack of privacy, choice, and control in the institutions. The stories tell of struggles in the community, as well. However, there is unanimous agreement about the vast improvement of life in the community over life in the institution. For example, Russ Daniels reflects, “Now, I live like a king. I’m happy, I do what I want, go where I want, I can come back when I want.” Similarly, Mark Samis states, “In the past few years, my life has all turned around. Nothing but great things have happened to me since leaving the institution.”

INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Dagnan, D., Trout, A., Jones, J., & McEvoy, J. (1995). Changes in the quality of life of people with learning disabilities who moved from hospital to live in community-based homes. International Journal of Rehabilitation Research, 18, 115-122.

Daniels, R., & Samis, M. (1995/96). Inside and out: Former residents reflect on their lives. IMPACT: Feature Issue on Institution Closures, 9 (1), 10-11. Minneapolis: Institute on Community Integration, University of Minnesota.

Goode, D. (1992). Quality of life policy: Some issues and implications of a generic social policy concept for people with developmental disabilities. Paper presented at the Annual meeting of the American Association on Mental Retardation, New Orleans.

Kim, S., Larson, S. A., & Lakin, K. C. (1999). Behavioral outcomes of deinstitutionalization for people with intellectual disabilities: A review of studies conducted between 1980 and 1999. Policy Research Brief, 10(1). Minneapolis: University of Minnesota, Institute on Community Integration. Available: http://ici.umn.edu/products/prb/101/default.html

Kim, S., Larson, S. A., & Lakin, K. C. (2001). Behavioural outcomes of deinstitutionalization for people with intellectual disability: A review of US studies conducted between 1980 and 1999. Journal of Intellectual & Developmental Disability, 26(1), 35-50.

Larson, S., & Lakin, K.C. (1989). Deinstitutionalization of persons with mental retardation: Behavioral outcomes. Journal of the Association for Persons with Severe Handicaps, 14(4), 324-332.

O’Brien, J., & Lyle O’Brien, C. (1987). Framework for accomplishment. Lithonia, GA: Responsive Systems Associates.

Pratt, J. (Ed.) (1998). On the outside: Extraordinary people in search of ordinary lives. Charleston, WV: West Virginia Developmental Disabilities Planning Council.

Schalock, R. (2004). The concept of quality of life: What we know and do not know. Journal of Intellectual Disability Research, 48(3), 203-216.

Stancliffe, R. J., & Lakin, K. C. (1998). Analysis of expenditures and outcomes of residential alternatives for persons with developmental disabilities. American Journal of Mental Retardation, 102(6), 552-568.

Taylor, S. J. (1994). In support of research on Quality of Life, but against QOL. In D. Goode (Ed.), Quality of life for persons with disabilities: International perspectives and issues (pp. 260-265). Cambridge, MA: Brookline Books.

Taylor, S. J., & Bogdan, R. (1996). Quality of life and the individual’s perspective. In R. L. Schalock (Ed.), Quality of life: Volume I: Conceptualization and measurement (pp. 11-22). Washington, DC: American Association on Mental Retardation.

Wehmeyer, M., & Bolding, N. (2001). Enhanced self-determination of adults with intellectual disability as an outcome of moving to community-based work or living environments. Journal of Intellectual Disability Research, 45, 371-383.

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Daniels, R., & Samis, M. (1995/96). Inside and out: Former residents reflect on their lives. IMPACT: Feature Issue on Institution Closures, 9 (1), 10-11. Minneapolis: Institute on Community Integration, University of Minnesota.

Kim, S., Larson, S. A., & Lakin, K. C. (1999). Behavioral outcomes of deinstitutionalization for people with intellectual disabilities: A review of studies conducted between 1980 and 1999. Policy Research Brief, 10(1). Minneapolis: University of Minnesota, Institute on Community Integration. Available: http://ici.umn.edu/products/prb/101/default.html

Return to Table of Contents


CHOICE

Issue

In the field of developmental disabilities, the concept of “choice” has been used to justify institutionalization. In contrast, noted self-advocate Tia Nelis states: “From my experiences with institutions and with life “on the outside,” there are some things that I know to be true. I’ve never met anyone who would choose to live in an institution once they have moved out.”

Perversions of “Choice”

The trend in the field of developmental disabilities is toward increasing choice for individuals with disabilities.  However, there have been four major perversions of choice:
  1. Choice has been used to justify institutionalization by parents or family members, without regard to the choices or interests of the person with a disability.
  2. Choice has been used to justify institutionalization, when the individual who is “choosing” the institution has had no idea what the alternatives would be.
  3. Choice has been used to justify “dumping” people in the community without adequate supports. This has sometimes led to reinstitutionalization for the person.
  4. Choice has been used to justify placement in mini-institutions within the community, when the individual was not given any alternative choices.
Strategies for Promoting “Choice”

In light of these perversions, how can family members, friends, advocates, service providers, and others best assist and support individuals to make choices.

INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Taylor, S. J. (2001, February). On choice. TASH Connections, 27(2), 8-10. Available: http://thechp.syr.edu/on_choice.htm

OTHER RESOURCES:

Kennedy, M. J. (1996). Self-determination and trust: My experiences and thoughts. In D. J. Sands & M. Wehmeyer (Eds.), Self-determination across the life span: Independence and choice for people with disabilities (pp. 37-49). Baltimore: Paul H. Brookes Publishing Co.

Nelis, T. (1995/96, Winter). The realities of institutions. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.)., IMPACT: Feature Issue on Institution Closures, 9(1), 1, 27. Minneapolis: Institute on Community Integration, University of Minnesota.

O’Brien, J. (1990). Developing high quality services for people with developmental disabilities. In V. J. Bradley & H. A. Bersani (Eds.), Quality assurance for people with developmental disabilities: It’s everybody’s business (pp. 17-31). Baltimore: Paul H. Brookes Publishing Co.

O’Brien, J., & Lyle O’Brien, C. (1993). Assistance with integrity: The search for accountability and the lives of people with developmental disabilities. Lithonia, GA: Responsive Systems Associates. Available: http://thechp.syr.edu/!integri.pdf

Smull, M. (1995, August). Revisiting choice – Part 1 & Part 2. Kensington, MD: Support Development Associates. Available: http://www.elpnet.net/choice.html [Reprinted from AAMR News and Notes, 8(4); AAMR News and Notes, 8(5)].

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Nelis, T. (1995/96, Winter). The realities of institutions. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.)., IMPACT: Feature Issue on Institution Closures, 9(1), 1, 27. Minneapolis: Institute on Community Integration, University of Minnesota.

Obermayer, L. (2004, April 19). Choices [Poem].  Rockville, MD: Author.

Smull, M. (1995, August). Revisiting choice – Part 1 & Part 2. Kensington, MD: Support Development Associates. Available: http://www.elpnet.net/choice.html [Reprinted from AAMR News and Notes, 8(4); AAMR News and Notes, 8(5)].

Taylor, S. J. (2001, February). On choice. TASH Connections, 27 (2), 8-10. Available: http://thechp.syr.edu/on_choice.htm

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SAFEGUARDS

People with disabilities are sometimes vulnerable to harm, neglect, or abuse. Thus, there is a need for certain safeguards. However, there are vast differences in ideas about the best kinds of safeguards.

The Faulty Argument of Institutionalization as a Safeguard

Even today, some people argue that some people with disabilities are more at risk in the community, and that institutionalization is the best safeguard. They cite mortality studies as evidence, and use this as grounds to oppose deinstitutionalization. However, this “evidence” is highly disputed within the research community. More importantly, as other researchers assert, “The question of whether mortality rates are higher in institutions than the community is not the right question to be asking today” (Taylor, 2001, p. 27). Instead, focus should be on identifying and addressing the specific circumstances that create risk in the community.

The Limitations of Regulations as a Way of Addressing Risk

In order to address risk, systems tend to impose more and more regulations.  However, there are problems with regulations:

What Can the Service System Do? 

There are various strategies that can be helpful in keeping people safe.


INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Taylor, S. J. (1992, June). The paradox of regulations: A commentary. Mental Retardation, 30(3), 185-195.

OTHER RESOURCES:

O’Brien, J., Lyle O’Brien, C., & Schwartz, D. B. (Eds.) (1990). What can we count on the make and keep people safe?  Perspectives on creating effective safeguards for people with developmental disabilities. Lithonia, GA: Responsive Systems Associates. Available: http://thechp.syr.edu/CountOn.pdf

Taylor, S. J. (2001). The continuum and current controversies in the USA.  Journal of Intellectual & Developmental Disability, 26 (1), 15-33.

Taylor, S. J. (Ed.). (1998, October). Mortality in institutions and community settings [Special issue]. Mental Retardation, 36 (5).

Taylor, S. J., O’Brien, J., & Hulgin, K. (Eds.). (1993, Winter). Safeguards [Policy Bulletin No. 3].  Syracuse, NY: Research and Training Center on Community Integration, Center on Human Policy, School of Education, Syracuse University. Available: http://thechp.syr.edu/bullsafe.htm

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

O’Brien, J., Lyle O’Brien, C., & Schwartz, D. B. (Eds.) (1990). What can we count on the make and keep people safe?  Perspectives on creating effective safeguards for people with developmental disabilities. Lithonia, GA: Responsive Systems Associates.

Taylor, S. J., O’Brien, J., & Hulgin, K. (Eds.). (1993, Winter). Safeguards [Policy Bulletin No. 3].  Syracuse, NY: Research and Training Center on Community Integration, Center on Human Policy, School of Education, Syracuse University. Available: http://thechp.syr.edu/bullsafe.htm

Return to Table of Contents


FAMILY ISSUES

Family members of people with disabilities are as varied as are other Americans, and cannot be categorized as having one view about topics such as whether their son or daughter should live in an institution. Much depends on their own life experiences. Depending on where they live, or where their son, daughter, brother or sister lives, they will have had very different experiences.  No organization can claim to speak for “all” parents. However, family members’ membership in the major national parent/family organizations (as well as professional and consumer organizations) that have taken positions in favor of community development and institution closure is much, much higher than membership in any family organization that advocates for maintaining institutions. Most family members, by far, want their sons and daughters to live in the community, with adequate supports. Even without adequate supports, most parents would rather wait for community services (by having their sons or daughters placed on waiting lists) than to have their child placed in an institution.  There are significant waiting lists for community supports and essentially none for institutionalization.  There is not new demand for institutional care.

That said, family members have many, many questions and concerns that must be addressed with respect and deep listening. This toolkit attempts to answer some of the many concerns families may have.  This section looks more narrowly at concerns and feelings which families have about deinstitutionalization.

Common Concerns

Some common comments, and responses that can be given, follow:

Show me where my son or daughter will live when they leave the institution.
As programs are usually developed one at a time, frequently there is no place to show until the time a person is about to leave the institution. This is a strength, not a weakness, a sign of individualization instead of routinization.
My son or daughter needs a level of care not possible in the community.
Level of care is not a place. The ICF/MR model was made up out of whole cloth, the best guess in the early 1970s about how to care for people. The intensity, duration and frequency of supports a person needs can be delivered anywhere. It is not about real estate, it is about providing each person what he or she chooses based on his or her preference and desires.
My son or daughter was in the community for a while and he failed and was brought back to the institution.
Systems sometimes fail people, but the person has not failed. There is no excuse for a poor quality community program. But it is possible to have a rich and full life in the community, and it is not possible to do so in an institution.

Three resources for advocates facing questions and concerns about family matters are included with this section as backup documents:
RESOURCES:

Anderson, L., & Larson, S. A. (1995/96, Winter). Parental attitudes toward deinstitutionalization. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1). Minneapolis: Institute on Community Integration, University of Minnesota.

Larson, S. A., & Lakin, K. C. (1991). Parent attitudes about residential placement before and after deinstitutionalization: A research synthesis. JASH, 16(1), 25-38.   

Swenson, S. (2004). My son or daughter is not the same as yours: How to answer that question.  Silver Spring, MD: The Arc of The United States.

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:


Anderson, L., & Larson, S. A., (1995/96, Winter). Parental attitudes toward deinstitutionalization. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9 (1). Minneapolis: Institute on Community Integration, University of Minnesota.

Larson, S. A., & Lakin, K. C. (1991). Parent attitudes about residential placement before and after deinstitutionalization: A research synthesis. JASH,16 (1), 25-38.

Swenson, S. (2004). My son or daughter is not the same as yours: How to answer that question. Silver Spring, MD: The Arc of The United States.

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IV. Strategies

a.     State Strategies
b.     Strategies for Advocates
c.     Working with the Media
d.     Position Statements
e.    Olmstead and Other Legal Resources

STATE STRATEGIES

Background

In the 1970s, states focused on “reforming” institutions. As people realized that institutional reform was not the right goal, beginning in the early 1980s, states put increased focus on institutional closure. On January 31, 1991, New Hampshire closed Laconia State School and became the first state in the country to provide all of its services to people with mental retardation in the community. There were 125 closures, or planned closures, by 2000, in 37 states (Braddock, 2002, p. 91). States that had closed all of their public institutions by 2001 included New Hampshire, D.C., Vermont, Rhode Island, Alaska, New Mexico, West Virginia, Hawaii, and Minnesota (Braddock, 2002, p. 92).

Issue

Many strategies and lessons can be learned from states that have closed institutions. These include states that have closed all public institutions, as well as states that have made substantial progress toward complete closure. Different strategies are used by different states. For example, some are more public about their intention to close institutions, while others do it without public announcement. In order to fully understand various state strategies, it is necessary to understand the particular circumstances and background that led to closure. For instance, it is important to understand the long, hard advocacy work that is involved (see information on advocacy and legal strategies).

This information sheet summarizes some of the key state strategies of institutional closure.

Key State Strategies
  1. Building a shared vision of “community for all” among many different individuals and groups.
  2. Planning that involves a wide variety of individuals who represent different organizations and interests.
  3. Closing the front doors. This involves identification of the pathways that lead to institutionalization, and work to provide alternatives. In doing this, some states (e.g., New Hampshire, Michigan) have chosen to focus on children first, and then move on to adults.  Many states have laws eliminating admissions for children or requiring a court to order the admission.
  4. Working to increase community supports. This includes identifying and addressing gaps in the community service system and ensuring that there is adequate funding for community services including the availability of very intensive supports for people with significant medical needs or behavioral challenges.
  5. Inclusion of people with the most severe disabilities, complex medical needs, and behavioral issues early in deinstitutionalization efforts. This will ensure that lessons are learned about what it takes to support all people in the community.
  6. Recognition that there will be compromises associated with institutional closure. For example, during closure, everyone may not have the opportunity to move to the most individualized setting possible right away. However, it is most important that these compromises are recognized, so they can be addressed at a later time. At the same time, it is critical to avoid institutional closure through transfers to other public or private institutions or mini-institutions in the community. Otherwise, nothing will have been accomplished and people will remain at those places for a long time.
  7. Recognition that some parents will have great fears about moving their son or daughter from the institution. It is important not to see these parents as “the enemy,” but to work to answer questions and dispel myths. Clear and constant communication is crucial.
  8. It is crucial to address workforce issues as part of the institutional closure process. For example, during the closure of Brandon Training School in Vermont, the Vermont Division of Developmental Services made significant effort to assist staff in getting other jobs. At the same time, it is important to be clear that, ultimately, decisions about institutional closure must be based on what is best for people with disabilities (e.g., quality lives in the community) rather than the workforce issues.
  9. It is also important to address local community issues related to institutional closure, such as the economic impact of closure as well as future land use. For instance, again, during the closure of Brandon Training School in Vermont, some of the citizens of the community of Brandon were concerned about the economic impact that closure would have upon the community (e.g., on small businesses) as well as what would become of the facility and land around it. The Vermont Division of Developmental Services formed a task force to work with the citizens of Brandon to discuss and address these issues. The facility is now used for multiple purposes including:  real estate developer office, school supervisory union office, senior housing, day care, and a community meeting space. Examples from other states include former institutional facilities that have been converted to use as business/industrial parks and condominiums with golf courses. Again, as with workforce issues, it is important to be clear that decisions about institutional closure must be based on what is best for people with disabilities (e.g., quality lives in the community).
  10. States often use public education campaigns as part of their efforts to address community opposition to deinstitutionalization. However, states cannot wait until opposition has been resolved to implement deinstitutionalization. And, experience has shown that community members often become more accepting as they have positive interactions with people with disabilities who are included in their communities.
  11. Many states have passed legislation related to zoning so that group homes cannot be excluded from residential neighborhoods based solely on neighborhood opposition. At the same time, states, regions, and localities find that there is virtually no opposition when they develop more individualized alternatives to group homes. In addition, as has been addressed elsewhere in this tool kit, these individualized alternatives offer people with disabilities much greater choice and control in their lives.
INFORMATION IN THIS SECTION IS BASED ON THE FOLLOWING:

Taylor, S. (1995/96). Thoughts and impressions on institutional closure. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 8-9. Minneapolis: Institute on Community Integration, University of Minnesota.

OTHER RESOURCES:

Braddock, D. (Ed.) (2002). Disability at the dawn of the 21st century and the state of the states.  Washington, DC: American Association on Mental Retardation.

Braddock, D., & Heller, T. (1985). The closure of mental retardation institutions I: Trends in the United States. American Journal on Mental Retardation, 23(4), 168-176.

Covert, S. B., MacIntosh, J. D., & Shumway, D. L., (1994). Closing the Laconia State School and Training Center: A case study in systems change. In V. J. Bradley & B. Blaney (Eds.), Creating individual supports for persons with developmental disabilities (pp. 197-211). Baltimore, MD: Paul H. Brookes Publishing Co.

Davis, D., Fox-Grage, W., & Gehshan, S. (2004).  Deinstitutionalization of persons with developmental disabilities: A technical assistance report for legislators.  Denver & Washington, D.C: National Conference of State Legislatures.  Available: http://www.ncsl.org/programs/health/Forum/pub6683.htm

Shoultz, B., Walker, P., Hulgin, K., Bogdan, R., Taylor, S., & Moseley, C. (1999). Closing Brandon Training School: A Vermont story.  Syracuse, NY: Center on Human Policy, Syracuse University. Available: http://thechp.syr.edu/brandon.htm

INCLUDED WITH THIS SECTION AS BACKUP DOCUMENTS:

Davis, D., Fox-Grage, W., & Gehshan, S. (2004).  Executive summary.  In Deinstitutionalization of persons with developmental disabilities: A technical assistance report for legislators.  Denver & Washington, D.C: National Conference of State Legislatures. Available: http://www.ncsl.org/programs/health/Forum/pub6683.htm

Davis, D., Fox-Grage, W., & Gehshan, S. (2004).  Introduction. In Deinstitutionalization of persons with developmental disabilities: A technical assistance report for legislators.  Denver & Washington, D.C: National Conference of State Legislatures. Available: http://www.ncsl.org/programs/health/Forum/pub6683.htm

Davis, D., Fox-Grage, W., & Gehshan, S. (2004).  What are states doing? In Deinstitutionalization of persons with developmental disabilities: A technical assistance report for legislators.  Denver & Washington, D.C: National Conference of State Legislatures.  Available: http://www.ncsl.org/programs/health/Forum/pub6683.htm

Shoultz, B., Walker, P., Hulgin, K., Bogdan, R., Taylor, S., & Moseley, C. (1999, March). Closing Brandon Training School: A Vermont story. TASH Newsletter, 25(3), 8-10.

Taylor, S. (1995/96). Thoughts and impressions on institutional closure. In M. F. Hayden, K. C. Lakin, & S. Taylor (Eds.), IMPACT: Feature Issue on Institution Closures, 9(1), 8-9. Minneapolis: Institute on Community Integration, University of Minnesota.

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STRATEGIES FOR ADVOCATES

This tool kit is filled with “talking points” for advocates during discussions on institution closure.  Each of the sections addresses a question or issue that could be raised by those wanting to keep institutions open, or by policymakers wanting to know more about the issue. 

This section, however, presents a smorgasbord of strategies that can be adapted by advocates to fit the situation in their own states (also see the separate section on working with the media).

Inform and Organize
Work with the Governor and Executive Branch

One person wrote us this message as we were pulling together this tool kit: “Essentially you need a strong Governor who makes the decision and sticks to it. I have closed SODC(s) [State Operated Developmental Centers] in four different states and it is always a political decision and only works if the leadership is strong enough to insist that it shall be done.” While institutions have closed in states where the Governor opposed closure, having the Governor’s support is better, and will make it more likely that the transition is smooth and good for the people affected. How to gain that support?  Work with the Legislature Work with Key Departments in State Government Hold a Public Forum on Institutional Closure or Other Issues
Study Good Web-Based Materials on Advocacy

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WORKING WITH THE MEDIA

Work with Reporters and Editorial Boards
Letters to the Editor & Op-Ed Pieces

Letters to the editors of newspapers and magazines, along with op-ed pieces (opinion essays that appear on the editorial pages of newspapers), can be very influential at the local or state level. For example, a leader of an organization fighting for closure of an institution in their area could write an op-ed piece for a local newspaper, and members could follow up by writing response letters, the more the better. The controversy could stimulate a newspaper to assign a reporter to write an article, especially if the op-ed piece and letters provide new or formerly unreported information (e.g., cost comparisons, personal experiences, parents’ perspectives). It could also prompt the newspaper’s editorial board to print an editorial in favor of closure.

One consequence of such efforts is that local legislators may be influenced to stand up for closure of an institution in your area, or for closure of an institution in another part of the state. 

Advocates can also use the media to influence state-level policymakers, who are most likely to make the final decisions about closure of an institution. Letters to the editor or op-ed pieces can be submitted to the newspapers in the state capital, for example. Statewide advocacy organizations can ask their members to write to their local newspapers, creating an impression of a statewide groundswell for closure. 

This section includes sample op-ed pieces and letters to the editor.  Your organization may wish to adapt them for its own purposes or to develop its own. 

Ideas to Help You Get Your Letter to the Editor Published:
Help the Media to Do a Great Job of Covering Disability Issues