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Victory for Illinois Citizens with Developmental Disabilities

LIGAS v. MARAM is a lawsuit filed in 2005 on behalf of individuals with developmental disabilities living in institutional settings or at risk of placement in institutional settings. 

The plaintiffs are individuals with developmental disabilities who would like to receive support services in the community setting of their choosing. 

However, the State of Illinois indicated that it would provide institutional support but would deny or not fund their requests to live in the community, .  Along with their families, the plaintiffs sued the State on their own and on behalf of other people with developmental disabilities to create a class action of individuals who could live in the community with appropriate supports and services.

The lawsuits goal was to increase the availability of community services and sought the following:

• To require the State “to inform developmentally disabled individuals in the State that they may be eligible for community services and that they have the choice of such services”;

• To require the State “promptly to determine Plaintiffs’ and class members’ eligibility for community services”;

• To prohibit the State “from arbitrarily denying eligibility to individuals who are capable of living in a community setting with appropriate supports and services”; and

• To require the State “promptly to provide eligible Plaintiffs and class members with appropriate services sufficient to allow them to live in the most integrated setting appropriate to their needs.”

It was announced today that the State of Illinois has settled with the plaintiffs and under the proposed Consent Decree, all individuals with developmental disabilities living in private institutions will receive evaluations to determine the supports needed to live in a community setting. 

Following the evaluation, community placement would be initiated according to the wishes of each individuals.  The plan calls for full implementation over a six-year period. 

 
Although this is happening in the midst of a major economic crisis, the long-term impact of this decision means that Illinois is finally going to have to make a transition from its institutional model of services to one primarily directed at community supports.  Unfortunately, it took a court decision to force Illinois to do what it should have been doing all along. 
 
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