Department of Justice Seal Department of Justice
FOR IMMEDIATE RELEASE
MONDAY, AUGUST 2, 2004
WWW.USDOJ.GOV
CRT
(202) 514-2008
TDD (202) 514-1888

UNITED STATES REACHES AGREEMENT WITH THE STATE OF NEW JERSEY REGARDING CONDITIONS AT NEW LISBON DEVELOPMENTAL CENTER


WASHINGTON, D.C. - The Justice Department today announced that it signed a settlement agreement with the State of New Jersey regarding conditions and services at the New Lisbon Developmental Center, an institution for about 600 people with developmental disabilities operated by New Jersey.

The agreement, which was filed today in the U.S. District Court in Trenton, requires the state to protect residents from harm and improve services in the areas of psychology, psychiatry, health care, and nutritional and physical management. Under the agreement, the state will serve New Lisbon residents in the most integrated setting appropriate to their individualized needs, as required by the Supreme Court's 1999 decision in Olmstead v. L.C, in which the Court held that states, pursuant to the Americans with Disabilities Act, must provide services to residents who are disabled in the most integrated setting appropriate. The Department's focus in this area targets unnecessary institutionalization of individuals with disabilities.

"When the state takes responsibility for individuals with disabilities, it shoulders a non-negotiable obligation to protect them from harm," said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “These individuals are some of the most vulnerable among us. We will remain committed to ensuring that they receive the dignified and competent care the law demands."

Protecting the rights of institutionalized persons is a priority of the Department of Justice. Since 2001, the Civil Rights Division has opened 44 investigations impacting 51 facilities into the terms and conditions of confinement at nursing homes, mental health facilities, residences for persons with developmental disabilities, juvenile justice facilities, and jails. These figures represent a 100% increase over the 20 such investigations initiated over the preceding three years.

The text of the findings letter and additional information about the Special Litigation Section of the Justice Department’s Civil Rights Division can be found at www.usdoj.gov/crt/split/index.html.

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