Case: CRIPA Investigation of Clyde L. Choate Developmental Center (2009)

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Filed Date: Feb. 27, 2007

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Case Summary

On February 27, 2007, the U.S. Department of Justice Civil Rights Division sent a letter to the Governor of Illinois informing him of its intention to investigate conditions at the Clyde L. Choate Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The Department of Justice then conducted on-site reviews of the facility in July 2007 and again in September 2007.On November 9, 2009, the Department of Justice sent a letter to the Governor o…

On November 9, 2009, the Department of Justice sent a letter to the Governor of Illinois reporting their findings. The Department of Justice found that Choate failed to provide its residents with adequate:

(1) transition planning and placement in the most integrated setting;

(2) protection from harm;

(3) health care;

(4) behavioral, habilitation, and communication services;

(5) special education services; and

(6) integrated treatment planning.

The Department of Justice found these deficiencies were due in large part to a lack of oversight and supervision and failure to move individuals into the most integrated settings appropriate for their needs. The Department of Justice then informed the state that it should promptly implement remedial measures including:

The development of transition and discharge planning;

Providing incident, risk, and quality management services to prevent harm of residents consistent with generally accepted professional standards;

Limiting use of physical or chemical restraints;

Providing medicare care consistent with generally accepted professional standards;

Providing psychiatric services consistent with generally accepted professional standards;

Providing residents with training, including behavioral and habilitation services, consistent with generally accepted professional standards;

Providing communication services consistent with generally accepted professional standards;

Providing education and special education services consistent with generally accepted professional standards; and

Providing integrated supports, services, and planning consistent with generally accepted professional standards.

In 2013, the Department of Justice closed its investigation of Clyde E. Choate Developmental Center after Illinois expanded its community-based services. There was no litigation or settlement between the parties.

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Summary Authors

Cade Boland (8/30/2018)