Legal Alert

On January 16, 2009, US Department of Justice (DOJ) filed suit against the State of Arkansas, under the Civil Rights of Institutionalized Persons Act, alleging the State is engaging in egregious and flagrant acts that deprive residents at the Conway Human Development Center (CHDC) of rights, privileges or immunities secured by federal law and that unless restrained by the Court these deprivations will cause irreparable harm to these residents. In addition, the state needed to ensure that the individuals in CHDC are provided adequate treatment in the most integrated setting appropriate to their individualized needs.

Just days after the complaint was filed, Julie Munsell, spokesperson for the Department of Human Services (DHS), said that DHS believes the care being provided to individuals with developmental disabilities at CHDC is "wonderful". 

On January 28, 2008, DHS, Office of Long Term Care (OLTC) issued its findings from a complaint survey and found CHDC out of compliance with client protections, protection of client rights, qualified mental retardation professionals, and staff training programs.  The findings of OLTC mirrored several allegations contained in the DOJ lawsuit and should have served as an additional warning to the State that all was not "wonderful" at CHDC.

The state has had years to remedy problems identified by DOJ. DOJ started its investigation of CHDC in 2003 and issued its findings to the state of Arkansas on April 21, 2004.  Munsell said DHS did not want to speculate as far as DOJ’s intent in filing the law suit and she doesn’t need to, the intent is quite clear. The State of Arkansas has failed to remedy mistreatment of individuals at CHDC.

Although the DOJ complaint does not include the (five) 5 remaining developmental disability institutions in Arkansas, OLTC has found immediate jeopardy in at least 3 of these other institutions in the past 12 months.  Again, indicating that treatment of individuals with developmental disabilities in Arkansas institutions is not “wonderful”.  To read OLTC compliance finding and CHDC responses, along with the April 21, 2004, letter to Governor Huckabee and the U.S. District Court complaint filed by Justice and obtain additional information about the state’s 6 human development centers click http://www.arkdisabilityrights.org/institutions.html

Disability Rights Center, Inc. (DRC) is the federally authorized and funded nonprofit organization serving as the Protection and Advocacy System (P&A) and the Client Assistance Program (CAP) for individuals with disabilities in Arkansas. DRC is authorized to protect human, civil and legal rights of all Arkansans with disabilities consistent with federal law.