UPDATED: Jan 10, 2014
Closing arguments made in Murray Center case; ruling expected in March
BY BRIAN BRUEGGEMANN; News-DemocratJanuary 9, 2014
CHICAGO — A lawyer for Illinois argued Thursday that a lawsuit against the state's plan to close its Warren G. Murray Developmental Center is being fueled by fearful employees and by guardians who aren't open-minded to other living options for their loved ones.
But an attorney for the Murray Parent Association, the lead plaintiff, argued the state is violating federal laws by trying to shoe-horn all people with developmental disabilities into group homes -- a cheaper alternative to state institutions.
The attorneys made those assertions during closing arguments Thursday in a bench trial before U.S. District Judge Marvin Aspen in the Dirksen Federal Building in Chicago. Aspen told the lawyers he wants them to submit additional arguments in writing, then will issue a ruling, likely around early March.
"Who's funding the lawsuit? Employees, in large measure," said Assistant Attorney General Thomas Ioppolo, noting one check alone for $30,000, given by an employee group to the parent group for legal expenses.
Ioppolo argued that most of the Murray residents' guardians -- typically parents and siblings -- have stonewalled state efforts to find suitable, alternative homes for the residents. Most Murray guardians for example have refused to allow access to the residents' medical files, for purposes of being evaluated by a state-contracted agency. The evaluations are being conducted to see if a group home, typically with two to four bedrooms, would be an appropriate placement for each resident.
Ioppolo said some guardians instead "were interested in litigation. They are not interested in placement."
The state attorney said some parents claim they're being told by the state that group homes are the only alternative, but all written communications with the parents suggest otherwise.
"They say it and they say it and they say it, and there is not a gram of truth to it," Ioppolo argued.
Plaintiff attorney Judy Sherwin argued that the state's claim of offering alternatives other than group homes is "an illusion." She said Illinois cannot reach its stated goal of reducing the population at its seven developmental institutions and still claim to be giving all Muray residents the option of residing in a state institution.
"Our people are not stupid. They know what they're hearing," Sherwin told the judge.
Sherwin argued that although roughly 35 people from Jacksonville Developmental Center, which the state previously closed, did end up going to other state-operated institutions, "that's only because the state didn't know what else to do with them."
The plaintiffs argue that some Murray residents' disabilities are so profound, only a state institution can handle their needs. Sherwin argued that the residents' rights under federal law, including the Americans with Disabilities Act, will be violated if the state doesn't operate state instutions.
Aspen asked Sherwin two questions on that point:
* "If the state did not have a Murray Center, would they have to invent one?"
* "You believe the ADA requires a nurse on premises 24 hours a day?"
Sherwin said the state has to offer "reasonable accommodation," and she said she finds fault in "the manner in which they're trying to get rid of" Murray Center.
The judge also asked what the plaintiffs' position would be if the state "fixed all the flaws," if there are any, in the way the state is closing the center and transferring residents. Sherwin said the plaintiffs would ask that the state be ordered to provide viable placement options.
TESTIMONY THURSDAY
An underling of Gov. Pat Quinn testified Thursday that he recommended holding off on the development of alternative homes in the Centralia area for Murray residents until "things cooled off."
Mark Doyle, a Quinn employee who is overseeing the transition of Murray residents to group homes and other facilities, was called to testify by the plaintiffs. Plaintiff attorney Daniel Saeedi asked Doyle about an email Doyle sent to Quinn staffers and others about the possibility of helping to develop group homes in the Centralia area.
Doyle admitted that he recommended the state not pursue the development of such homes "until things cooled off in Centralia." He also admitted that parents and guardians were not informed about that recommendation.
Saeedi asked Doyle, "Do you think that is important information for the parents to know?"
Doyle replied, "At that time, it was not."
The plaintiffs are trying to show that Murray Center residents who are forced to leave the institution will have their rights violated, because their only other real option will be to move into a small group home. Doyle also gave testimony indicating only a few dozen openings are available at the state's six other institutions for the developmentally disabled.
Under questioning by Ioppolo, Doyle explained that development of group homes has been a difficult proposition in the Centralia area, where there's fierce opposition to closing Murray. Doyle said he spoke with seven different operators of group homes, but they had little interest in developing more homes in the Centralia area.
Doyle said workers at existing group homes in the area have been subjected to harassment, including being photographed outside the homes. He also said there have been incidents of "peaking in the windows" at the homes.
"It frightened the staff that worked there," Doyle testified.
ABOUT THE CASE
The plaintiffs say the state wants to put all people with developmental disabilities into community-based group homes, which are privately operated but publicly financed. The plaintiffs argue that group homes can't adequately handle the needs of some people who have profound disabilities.
The state admits that it prefers placement in groups homes for most people with developmental disabilities, primarily because they're a more modern way to care for those people, and because most people prefer residing in a home rather than an institution. The state argues that it has no plans to close all seven of its institutions, but that it's a state decision on whether to operate the institutions, not a federal court's.
In addition, the state says placement in a group home instead of an institution saves the state about $100,000 per year, allowing Illinois to spread its limited resources among a growing number of developmentally disabled who need services.
The state says it cannot force anyone into a group home, and in fact will help place any Murray Center residents into other state institutions, into private institutions, into group homes or into their own homes, with support services.
The plaintiffs are asking for a temporary injunction, prohibiting the state from closing Murray and other state institutions. The next step would be to seek a ruling on a request for a permanent injunction.
Murray currently has about 225 residents and about 530 employees. The state says the cost to operate Murray was $39 million in 2013.
http://www.bnd.com/2014/01/09/2996549/quinn-deputy-heat-in-centralia.html
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News-Democrat
CHICAGO — The director of a day-activity center attended by more than 100 Murray Center residents testified Wednesday the state is "dead wrong" in deciding to close the center.
But Kevin Casey, the head of the state office that oversees care for people with developmental disabilities, testified Illinois is "significantly behind the rest of the country" in shifting those individuals from institutions to community-based group homes.
Greg Shaver, the director of the nonprofit Kaskaskia Workshop, testified that, in his opinion, Centralia-based Murray is the best or second-best of the state's institutions for people with developmental disabilities.
"The state just got it dead wrong," Shaver testified.
More than 100 Murray residents go to Kaskaskia Workshop for day programs.
Sherri Thornton-Pierce, an attorney for the plaintiffs who are trying to keep Murray open, asked Shaver about the trend of placing people with developmental disabilities into community-based group homes instead of institutions. Shaver, a psychologist, recalled how he was involved decades ago in the case of a 51-year-old woman who was institutionalized in the Springfield area because when the woman was 18, she enjoyed going out to dance -- which was viewed by the woman's mother as a mental defect.
"Trends come, and thank God, some of them go," Shaver said.
Under cross-examination, Shaver was questioned by Assistant Attorney General Thomas Ioppolo about the involvement that Shaver himself, and his management company, have in the operation of some group homes and community-based care centers in the Centralia area.
Shaver admitted that he considered developing a plan to open more group homes if Murray closes, but the Murray Parent Association asked him to "hold off" on the plan. Shaver said the parent group's president told him "they've got a different plan."
The state is trying to show that Murray parents and other supporters of the center are throwing up roadblocks to other living options for Murray residents. For example, many parents and guardians have refused to grant the state access to the residents' medical files, thwarting attempts to conduct assessments on what types of residential options would be appropriate for each person.
Ioppolo brought up one email written by Shaver, in which he said the state will have "major problems" if all of the parents and guardians of the roughly 240 Murray residents stick together and refuse to cooperate in any transfer process.
Ioppolo asked if Kaskaskia Workshop stands to take a financial hit if Murray closes and its residents end up scattered. Kaskaskia Workshop received about $2.84 million from the state last year for providing its services.
Shaver said a financial impact to Kaskaskia is possible, but he believes closing Murray would be a "huge disservice" to downstate Illinois, because the state would be left with only one other state-operated developmental institution south of Kankakee.
Casey, director of the Illinois Department of Human Services' Division of Developmental Disabilities, testified that only Texas and California have more people in mental institutions than Illinois. He said there were about 270,000 people nationwide in mental institutions in the mid-1960s, compared to about 27,000 today.
"The professional research is overwhelming ... that people do better in community programs," Casey testified.
Casey said even though the state in most cases prefers 2- or 4-bedroom group homes, and is trying to move up to 600 people out of state institutions, the state will help guardians place their loved ones in other state-operated institutions if that's what the guardians and residents want.
"I've said that again and again and again, and I repeat it here," Casey said.
He agreed that Illinois has a "secondary motive" in moving people from institutions to group homes.
"It's no secret to anybody that the state of Illinois has a serious financial problem," Casey said.
"Really?" replied Assistant Attorney General Marni Malowitz, drawing chuckles.
"If we don't save a dime, we don't save a dime, but our expectation is that we'll save some money here," Casey said.
Casey said his office has about 25,000 Illinoisans receiving services, and roughly the same number on a waiting list.
Rick Starr, the acting director of Murray Center, was called to testify by the plaintiff attorneys, as an adverse witness. He testified he previously served as assistant director, and was given a roughly 25 percent raise for taking on the responsibility of serving as a liaison between Murray residents' guardians and a contractor hired to conduct assessments on Murray residents for transfer purposes.
Starr admitted he was unaware that one woman is both an employee of the contractor and a founder of a group home.
"Would that strike you as odd?" asked plaintiff attorney Daniel Saeedi.
"I don't know," Starr replied.
Wednesday marked the second day of the proceeding in federal court in Chicago. The judge has scheduled the proceeding to last three days, but will accept written arguments in the days following. He'll likely issue a decision in a few weeks.
The plaintiffs, led by the Murray Parent Association, argue that the rights of Murray Center residents will be violated if the state closes Murray and other state-operated institutions for the developmentally disabled. The plaintiffs say the state wants to put all people with developmental disabilities into group homes which are privately operated but publicly financed. But some people have disabilities that are so profound, they can't be cared for in a group home, the plaintiffs argue.
The state says community-based group homes are a more modern way to care for most people with developmental disabilities, and that most people prefer residing in a home rather than an institution. The state argues that it has no plans to close all seven of its institutions, but that it's a state decision on whether to operate the institutions, not a federal court's.
In addition, the state says placement in a group home instead of an institution saves the state about $100,000 per year, allowing Illinois to spread its limited resources among a growing number of developmentally disabled who need services.
http://www.bnd.com/2014/01/08/2994743/witness-for-murray-center-supporters.html
###Updated: Jan 8, 2014
Information from: Belleville News-Democrat, http://www.bnd.com
A federal judge in Chicago has begun hearing arguments in a lawsuit aimed at preventing the state from closing a southern Illinois home for the developmentally disabled.
Plaintiffs say the roughly 225 people who live at the Murray Developmental Center in Centralia have disabilities so severe that they need to be institutionalized.
The state wants to close the home to save money and move the residents to care in the communities they come from. According to the Belleville News-Democrat ( http://bit.ly/JHDeJj), Assistant Attorney General Thomas Ioppolo argued Tuesday that most states no longer institutionalize people with developmental disabilities.
The plaintiffs are asking U.S. District Judge Marvin Aspen for an order blocking the state plan. A decision could be days or even weeks away.
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Jan 07, 2014
CHICAGO, Ill. (AP) - A bench trial on a challenge to the state's decision to close a southern Illinois center for the developmentally disabled is scheduled to begin in Chicago.
U.S. District Judge Marvin Aspen is set to begin hearing testimony on Tuesday at the Dirksen federal building.
The Murray Parents' Association and developmentally disabled groups are trying to block the closure of Centralia's Murray Developmental Center.
The state wants to close the facility as part of a strategy to save money and have more community-based care for people with disabilities.
The group says Murray's 250 residents have severe disabilities that only an institution can handle. They dispute the state's claim that community care would save Illinois nearly $120,000 per year, per resident.
Settlement meetings have been held, but no agreement has been reached.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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