DOJ Finds South Carolina Violated ADA for Individuals with Mental Illness

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Today, the Special Litigation Section (SLS) of the U.S. Department of Justice (DOJ) announced that it has concluded an investigation into whether the State of South Carolina subjects adults with serious mental illness (SMI) to unnecessary institutionalization and serious risk of institutionalization in adult care homes, in violation of Title II of the Americans with Disabilities Act (ADA).

The DOJ determined that there is reasonable cause to believe South Carolina violates the ADA by failing to provide sufficient community-based services to prevent unnecessary institutionalization of adults with mental illness. Instead, the State subsidizes their stay in adult care homes where people have little contact with people without disabilities.

The DOJ’s investigation found South Carolina lacks needed community-based mental health services such as Assertive Community Treatment, supported employment, permanent supportive housing, intensive case management, and peer support. These services are provided in certain parts of the state, but are not sufficiently available to afford opportunities to avoid or move out of adult care homes and live in the community. As a result, thousands of adults with mental illness are segregated in adult care homes for years.

The DOJ also found that South Carolina can make reasonable modifications to remedy this discrimination, including expanding its existing community-based mental health services system. The DOJ is committed to working with the State to implement the necessary reforms and ensure that adults with SMI have the opportunity to live and work in the community.

The SLS is one of several sections in the Civil Rights Division of the DOJ. The SLS works to protect civil rights in the following areas:

1) the rights of people in state or local institutions, including: jails, prisons, juvenile detention facilities, and health care facilities for persons with disabilities;

2) the rights of individuals with disabilities to receive services in their communities, rather than in institutions;

3) the rights of people who interact with state or local police or sheriffs' departments;

4) the rights of youth involved in the juvenile justice system;

5) the rights of people to have safe access to reproductive health care clinics; and

6) the rights of people to practice their religion while confined to state and local institutions. The SLS can also act on behalf of people at risk of harm in these areas.

SUMMARY: South Carolina was determined to be in violation of the ADA for individuals with SMI. South Carolina can make reasonable modifications to remedy this discrimination. If you believe your civil rights, or someone else’s, have been violated, submit a report using the SLS online form.