New York – New York State must immediately begin moving thousands of people with mental illness into their own apartments or small homes and out of large, institutional group homes that keep them segregated from society, a federal judge ordered on Monday.
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The decision by Judge Nicholas G. Garaufis of Federal District Court in Brooklyn followed his ruling in September that the conditions at more than two-dozen privately run group homes in New York City violated the Americans With Disabilities Act by leaving the approximately 4,300 mentally-ill residents isolated from the outside world in warehouse-like conditions.
The remedial plan offered by Judge Garaufis, which drew from a proposal presented by advocates for the mentally ill and was backed by the Justice Department, calls on New York to develop at least 1,500 units of so-called supportive housing a year for the next three years. In supportive housing, a resident lives alone or in small groups and receives specialized services from counselors who visit as needed.
The judge said that only people with the most severe mental illness, including those deemed a danger to themselves or others, should be housed in group homes. He also said that residents who were eligible for supportive housing may choose to stay in group homes as long as they have been apprised of their options.
The order begins a process aimed at transforming a system that first took shape in the 1960s. The government embraced group homes as a way to care for people with mental illness following the rapid closure of large state-run hospitals, a process known as deinstitutionalization, but that became defined by continued lax state regulation and poor private management of the group homes.
A series of articles in The New York Times in 2002 described a system in which residents were poorly monitored and barely cared for, with residents left to swelter in the summer and sometimes subjected to needless medical treatment and surgeries for Medicaid reimbursement.
The state argued that conditions had improved markedly at group homes in recent years, but the judge ruled last year that their very setup discriminated against residents by keeping them separated from society and providing little encouragement to find work, make friends or learn skills like cooking, shopping or budgeting.
The order by Judge Garaufis offered a stinging rebuke of the much less sweeping proposed remedy offered by the state, which continued to dispute many of the findings of his previous rulings and which sought to cap the number of new supportive housing units at 1,000, to be made available on a more restrictive basis over five years. “The court is disappointed and, frankly, incredulous that defendants sincerely believed this proposal would suffice,” the judge wrote in his ruling Monday.
The state had argued that, particularly in current economic conditions, such a mandate would be too expensive. But the judge wrote last year that evidence showed that supported housing would cost only $40,253 a year per resident, about $7,500 less than it costs to place them in a group home.
On Monday, the judge ordered the appointment of a federal monitor to ensure the state followed his plan and said that both sides must suggest candidates by the end of the week.
“Defendants’ demonstrated resistance to the remedy, as evidenced by their refusal to abide by the court’s findings in crafting their patently inadequate proposal, further highlights the need for a Monitor in this case,” he wrote.
This is just another inappropriately powerful instance of legislating from the bench. The judge has a point – the needs of the mentally ill are not always being met by the current system. This is a fragment of the health care crisis. However, the sweeping efforts to “reform” it are based on exaggerated “rights” or similar issues. The real solution, as tough as it may be to implement, should be case-by-case review. That would put direct burden on the “system”. This judge may be well meaning, but lacks the training to make such evaluations. So he effectively thrusts the burden onto the remainder of the population, and leaves it to us all to come up with a resolution. Maybe this guy thinks we’ll buy into Obamacare (chas veshalom). This is also the problem with Obama’s plans. Little attention to reality, socialist ideas for bigger government, and tax everyone to death. Why not ask those in the health care field? I’d love to see health care reform designed by health care specialists, not politicians or judges with agendas.
Der matsev zeit ous shmul.
What about Hmaspik, Ohel or Chish ???
Just one more ruling that will lead this country into bankrupcy
as someone who sometimes works with such people and has eaten with such people over the years , they do have allot to offer and maybe we should treat them with more respect and then they could offer us so much more .
the judge takes no consideration of how this decision will impact the many owners of the group homes across new york state, many of whom are frum yidden who makes lots of money from these facilities and whose financial well being will be very adversely affected by this decision.-
most mentally-ill people cannot manage themselves properly. they need a structured environment to survive. this judge is nuts!
I believe both Hamaspik and Ohel operative the small group homes mandated here. This is probably a boon for them, as the funding till now was very difficult. Only problem is almost no one wants it in there neighborhood.
Hey Your Honor, Where do you live??? Wouldn’t you like them next door to YOU??? NIMBY!!! Not In My Back Yard!!
I cannot believe the posters here. Many people suffer mental illness yet lead normal lives and do not want or need to be in a group “factory” home. The people posting here need to get out more, you are so bigoted – most of you – it’s sad. As for the comment about making money from these homes – no wonder people think Jews only care about money!!
if they move next door to the judge will h change his ruling or is it a good ruling in someones elses neighborhood
the problem is that alot of these people are malnourished and are living on poorly prescribed psychiactric medications. They better work on that if they’re going to send these poor people out.
The only reason that they can’t pay for the homes any more is because of so many people robbing the system. Get the crooks, get them and clean up the system.
I have a family member that lives in a group home due to mental illness and I think that this is a crazy idea. I wouldn’t trust my own relative to live in his own home like regular society and I wouldn’t want to be around it. This sounds like a dangerous situation. We already have too many mentally ill people walking around town now like lost souls.
Ohel, Womens League Hamaspik run homes within perameter, while Miskan is having problem, this situation is huge and effects the non jewish communities way more than our communitys that generally embrace ALL our people. aside of corse for the jew haters that are to self absorbed to see their own problems.
Our Jewish mentally ill need so much rachmanis and Ohel is a forerunner of this chesed. We as family members of the mentally ill are eternally grateful for their services .
I live opposite a group home run by Women’s League. The residents are charming & polite, the house is beautifully maintained, the carers are really caring, & it’s a pleasure to have them as neighbors. The really severely mentally ill are going to be on the streets. Their families can’t handle them & in many cases (obviously not all) they are a danger to others. We know about the ones who expose themselves, push people under trains, randomly stab someone because the victim looked at him, or was wearing blue, or carried a library book. What about the rest who are living in secure places? What happens when they are left unsupervised & on their own?
What about OUR rights to be protected? How long will it be before someone let out of a group home does something horrific?