Suit Focuses on Best Setting to Deliver Care

The Justice Department in a lawsuit against Arkansas is reigniting an emotional fight over the role of residential institutions for people with disabilities.
The suit focuses on one of Arkansas's facilities for people with severe disabilities, the Conway Human Development Center. The state-run institution houses around 510 people off all ages, including children, who typically have intellectual disabilities as well as conditions such as cerebral palsy and physical handicaps.
The suit claims residents aren't being given enough of a chance to move to less-restrictive community settings—such as group homes or family dwellings with professional assistance—and alleges dangerous practices. Conway residents are generally placed in the center by their families, with the exception of a few who are wards of the state, such as children in foster care.
The Justice Department has found itself squaring off not only against the state government, but also against well-organized and vocal groups representing families of residents of state-run institutions. They have prodded state officials to defend the facilities and intervened in the case with a brief defending Conway.