Huge Washington Victory for People w/ Dev. Disabilities Yields Millions New Service Dollars 

After the state of Washington had initiated a survey demonstrating that state residents with developmental disabilities faced long waiting lists for essential community services, a resultant lawsuit by advocates has resulted in a tentative agreement with the state that is expected to create millions of new service dollars, perhaps to satisfy the requirements of the Supreme Court's recent Olmstead decision affirming the legal right of people with disabilities to reside in least restrictive community settings. 

People With Developmental Disabilities to Benefit From Settlement of ARC-DSHS Lawsuit 

OLYMPIA, Wash., Aug. 17 /PRNewswire/ -- The Department of Social and Health Services and advocates for people with developmental disabilities tentatively agreed to a settlement in a lawsuit that could provide millions of dollars in new funding for critical services. 

The proposed settlement between DSHS and the Arc of Washington State is subject to final approval by the judge overseeing the case. It also must win the support of the Legislature, which must approve the funds negotiated by the parties at a time when state budgets are becoming increasingly tight. If approved by the Legislature, the settlement will provide $14 million for critical services for fiscal year 2003, and about $25 million a year thereafter. A second phase of the settlement provides that state officials and representatives of the Arc and the three plaintiffs and their families this fall will negotiate additional funds to be appropriated in fiscal years 2004 and 2005 for people with disabilities. 

The Arc of Washington State, a disability advocacy group, filed the lawsuit to obtain services it claimed were being denied to persons with developmental disabilities. 

In that lawsuit, Arc v. Quasim, Arc claimed that families often had to wait for years before their sons or daughters could get help from DSHS. Some experts estimate that the State of Washington has approximately 107,000 residents with developmental disabilities, close to 2 percent of the population. 

Dr. Doug Cook, president of the Arc of Washington State, hailed the settlement, saying "It will produce significant additional resources for children and adults, elderly parents, and families with children who need intensive support. The State's commitment means that our children, adults and families will get the chance for a secure life in the community." 

Advocates made clear that this settlement was in a different category than recent negligence and abuse lawsuits filed against the state. "In this case," said Sue Elliott, executive director of the Arc of Washington State, "the Legislature and the Department of Social and Health Services deserve a large part of the credit for initiating a study of how large the problem had become and how drastic the actions had to be to fix the crisis." 

Dennis Braddock, DSHS secretary, also acknowledged the importance of continued negotiations among advocates, DSHS and the Legislature to reach final settlement of the lawsuit. "This settlement, if agreed upon by the parties and approved by the Legislature and the court, could allow DSHS to provide additional support to people in their own homes or in community settings in the years ahead -- through family support, day programs, and residential services," Braddock said. 

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