Community residential facilities need to be considered as institutions

Community residential settings are not considered to be institutional settings under Minnesota’s 1915 waiver programs supporting people with disabilities.  “Segregated settings […]

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Community residential settings are not considered to be institutional settings under Minnesota’s 1915 waiver programs supporting people with disabilities. 

“Segregated settings include, but are not limited to: (1) congregate settings populated exclusively or primarily with individuals with disabilities; (2) congregate settings characterized by regimentation in daily activities, lack of privacy or autonomy, policies limiting visitors, or limits on individuals’ ability to engage freely in community activities and to manage their own activities of daily living; or (3) settings that provide for daytime activities primarily with other individuals with disabilities.” 

This is excerpted from the statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. 

“If it quacks like a duck, walks like a duck, has feathers and webbed feet and associates with duck—I’m certainly going to assume that he IS a duck. 

This statement is from the duck test. 

Community Residential Services are 100 percent, undeniably, irrefutably, and certainly are INSTITUTIONS. 

Customized Livings & Assisted Livings are 100 percent undeniably, irrefutably, and certainly are INSTITUTIONS. 

Segregated Community-situated congregate Residential Service institutional facilities are INSTITUTIONS. 

Have you visited multiple different CRS Institutional Facilities ? 

Have you talked to the residents and asked them about their social activities and how often they LEAVE the institution? 

Have you asked the residents of these institutions about the care provided by the staff?

Have you asked the residents of the institution what day of the week is their shower day? 

Have you asked the residents of the institution when the last time they went to their place of worship was? 

Have you asked the residents of the institution how many times a month they leave the facility and where they go? 

Have you visited the institutional residents in multiple locations under multiple different providers and witnessed the institutional care? 

Do you sit in an office or in your home “working from home” teleworking making $100,000 to $150,000 a year with great STATE benefits and spewing statutes never visiting or talking to the people that know that these places are simply mini-institutions? 

CRS FACILITIES ARE INSTITUTIONS. 

People sit in these group homes, adult foster care homes, community residential services, customized livings, and assisted livings and rot away while the providers do whatever they want to do without accountability or consequence. 

Who are providers accountable to? 
Case managers? NO. 
MnCHOICES Assessors? NO. 
The county? NO. 
The State of MN? NO. 
The Ombudsman? NO. 

WHO ASSURES THAT WHAT TAXPAYERS ARE BUYING AND PAYING FOR IS BEING PROVIDED?  

Nobody. No entity. 
 
Kathy Jo Ware 
 
Kathy Jo Ware is a disability rights activist from South St. Paul. See her website at Kathy & Kylen and Facebook group, Waiver Reimagine Minnesota DHS Disability RIGHTS issues

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