Nebraska unnecessarily integrates people with mental illness. •Nebraska Examiner

LINCOLN – The U.S. Department of Justice concluded Tuesday that Nebraska is unnecessarily institutionalizing adults with serious mental illness in violation of their civil rights.

The Justice Department said Nebraska residents are being segregated into assisted living facilities and day programs in violation of the Americans with Disabilities Act and the 1999 U.S. Supreme Court ruling. Olmstead v. LC. The department interviewed affected Nebraskans, agency heads and others after beginning an investigation in June 2021 following multiple complaints.

In a letter to Governor Jim PillenAssistant Attorney General Kristen Clarke of the department’s Civil Rights Division said the department wants to “work together” to resolve the findings. This includes entering into settlement negotiations and an agreement to remedy the identified violations.

‘Far too often’ institutionalized

If Nebraska doesn’t negotiate, or if talks fail, the federal government says it could take appropriate action, which could include legal action, to remedy the violations.

A spokesman for the governor did not immediately respond to a request for comment.

Clarke said in a statement that people with mental health problems are “far too often” institutionalized when they could succeed and thrive in the community.

“It is time to end the days of leading people with disabilities down a dead-end path to institutionalization and unemployment, when they could succeed if routes to independence and dignity were offered,” Clarke said.

The ADA requires states to make services available to people with disabilities in the most integrated setting appropriate to their individual needs, such as their homes and workplaces.

The letter to Pillen said Nebraska already offers several services — although many have limited access — and that the state could fix its violations “without fundamentally changing its behavioral health care system.”

These remedies include:

• Expanding access to existing community services.
• Ensure sufficient provider capacity.
• Identifying people with serious mental illness in segregated settings who may be open to living and working in the community.

“By increasing its investments in community-based services for Nebraskans with (serious mental illness), the state can help these individuals become engaged and vibrant members of their communities,” said U.S. Attorney Susan Lehr for the District of Nebraska.

Findings letter ‘gives hope’

Dianne DeLair, legal services director for Disability Rights Nebraska, said that in the 25 years since the Olmstead ruling, Nebraska still does not have a working Olmstead plan with a “concrete commitment” that the state can provide adequate supports and services.

“This new letter of findings from the Department of Justice gives hope to every Nebraskan with a mental health disability who has been isolated and separated,” DeLair said in a statement.

Tania Diaz, CEO of Disability Rights Nebraska, said all Nebraskans with disabilities should have the opportunity to join the workforce, get an education, volunteer and participate in the community free from discrimination.

“Twenty-five years is long enough to wait,” Diaz said. “Now is the time for the state of Nebraska to comply with the Americans with Disabilities Act.”

The U.S. Department of Justice previously scheduled town halls in Omaha, Lincoln, Kearney and Scottsbluff for Tuesday and Wednesday of this week, ahead of the release of the Tuesday report. More information is available here.