McManus Consulting

McManus Consulting Our main focus is to provide a better understanding of the Illinois DD system

Services Offered:
* To provide training sessions for provider staff on the nuts and bolts of the DD system; obtaining funds to hire one-to-one staff; operating Host Family CILAs; and other subjects.
* To be available (on retainer) for phone consultations with agency staff as questions arise. " To provide hands-on assistance on specific issues--how to get better rates, how to deal with the Burea

u of Quality Management, etc.
* To provide advice to families--either formal consultations or informal phone conversations. Ed has also made presentations to numerous groups of parents and consumers.
* To publish a newsletter on the DD system.

11/12/2024

Ed's Newsletter - APPELLATE COURT AFFIRMS PRIEST'S CONVICTION FOR SEXUALLY ASSAULTING SHAPIRO RESIDENT

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847-410-7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 372 – Nov. 12, 2024

TRIAL JUDGE HAD RULED DETERRENCE WAS APPLICABLE ‘FOR ANY PRIEST THAT THINKS HE CAN GET AWAY WITH IT’ . .

The IL Appellate Court has affirmed the 18-year sentence imposed on retired Catholic priest Richard Jacklin for sexually assaulting a Shapiro Developmental Center resident.

According to Jeff Bonty of the Kankakee Daily Journal, Jacklin’s lawyers argued that:

--The circuit court erred when it barred the introduction of evidence regarding Jacklin’s ability to understand the nature of his actions at the time of the incident;

--The court erred when it barred evidence related to the victim’s ability to consent;

--The prosecution failed to prove him guilty beyond a reasonable doubt;

--His sentence was excessive.

A panel of 3 judges denied Jacklin’s claims, stating:

“The circuit court did not err when it barred certain evidence at the defendant’s trial. Further, the evidence was sufficient to prove the defendant guilty beyond a reasonable doubt, and his 18-year sentence was not excessive.”

Circuit Judge Kathy Bradshaw-Elliott had granted the prosecution’s motion to disallow the report of a psychiatrist about Jacklin’s ability to understand his actions at the time of the assault. The prosecution argued the doctor’s report was irrelevant and speculative.

During pretrial matters, Jacklin’s counsel filed a motion that sought to admit evidence of the victim’s sexual history. According to records from Shapiro, the victim had a history of sexual aggression toward other people.

Bradshaw-Elliott denied the motion because it violated the state’s “rape shield” statute.

In sentencing Jacklin, Bradshaw-Elliott said that he “was in a position of trust and supervision and authority” and that deterrence was applicable “for any priest that thinks they are going to get by with it.”

Jacklin was formerly a priest at Sacred Heart Church in Goodrich and a longtime assistant at St. Rose of Lima Church in Kankakee. He was a contracted employee of Shapiro when the assault took place.

11/12/2024

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847-410-7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 372 – Nov. 12, 2024

TRIAL JUDGE HAD RULED DETERRENCE WAS APPLICABLE ‘FOR ANY PRIEST THAT THINKS HE CAN GET AWAY WITH IT’ . .

The IL Appellate Court has affirmed the 18-year sentence imposed on retired Catholic priest Richard Jacklin for sexually assaulting a Shapiro Developmental Center resident.

According to Jeff Bonty of the Kankakee Daily Journal, Jacklin’s lawyers argued that:

--The circuit court erred when it barred the introduction of evidence regarding Jacklin’s ability to understand the nature of his actions at the time of the incident;

--The court erred when it barred evidence related to the victim’s ability to consent;

--The prosecution failed to prove him guilty beyond a reasonable doubt;

--His sentence was excessive.

A panel of 3 judges denied Jacklin’s claims, stating:

“The circuit court did not err when it barred certain evidence at the defendant’s trial. Further, the evidence was sufficient to prove the defendant guilty beyond a reasonable doubt, and his 18-year sentence was not excessive.”

Circuit Judge Kathy Bradshaw-Elliott had granted the prosecution’s motion to disallow the report of a psychiatrist about Jacklin’s ability to understand his actions at the time of the assault. The prosecution argued the doctor’s report was irrelevant and speculative.

During pretrial matters, Jacklin’s counsel filed a motion that sought to admit evidence of the victim’s sexual history. According to records from Shapiro, the victim had a history of sexual aggression toward other people.

Bradshaw-Elliott denied the motion because it violated the state’s “rape shield” statute.

In sentencing Jacklin, Bradshaw-Elliott said that he “was in a position of trust and supervision and authority” and that deterrence was applicable “for any priest that thinks they are going to get by with it.”

Jacklin was formerly a priest at Sacred Heart Church in Goodrich and a longtime assistant at St. Rose of Lima Church in Kankakee. He was a contracted employee of Shapiro when the assault took place.

11/01/2024

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847-410-7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 371 – Nov. 1, 2024

GARY HAKE, FORMER DIRECTOR AT SOUTHERN IL CASE COORDINATION, DIES AT 63

Gary Roger Hake, 63, former longtime director of Southern IL Case Coordination Services, died suddenly on October 18 in the emergency room at SSM St. Mary’s Hospital in Centralia.

Gary was born on October 8, 1961 in Pittsfield, the son of Roger C. and Sara M. Lovan Hake. He married Teresa Beadle in 1985. Left to mourn his passing are his wife Teresa Hake of Nashville, IL, son Clifton (Amie) Hake of Richview, daughter Kourtney Hake of Nashville, and 2 grandchildren.

Gary received his Masters Degree in Sociology from Western Illinois University. He taught sociology at Kaskaskia College and McKendree University. He was a member of Grace United Methodist Church in Nashville where he served on numerous committees. He was a member and past president of the Nashville Lions Club and served on the Board of Directors of the Illinois Forestry Association. He loved hunting, trees, biking, running and swimming.

A celebration of life service was held October 23 at Grace United Methodist Church in Nashville.

Gary retired in 2021. He was replaced by Mary Kay Speidel. Mary Kay retired last May and was replaced by Ann Yaunchez.

10/28/2024

prov1

10/28/2024

important!

10/28/2024

Ed's Newsletter - 'JOE' IS FINALLY RETURNED TO KILEY BUT THEN LEFT ALONE TWICE FOR HOURS IN A PITCH-DARK ROOM

10/19/2024

Ed's Newsletter - KILEY STILL REFUSING TO ALLOW VISIONS ON CAMPUS FOR ABA SERVICES
McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847-410-7145, mcmanus006@gmail.com, Facebook, LinkedIn
Ed’s Newsletter
Oct. 19, 2024 – No. 370
IN OUR INBOX : SERIOUSLY ILL YOUNG MAN DESPERATELY NEEDS ABA . . .
Letters have been pouring into Facebook, responding to our report that Kiley Developmental Center is continuing to refuse to allow Visions Inc. to provide ABA services to Joe, a seriously ill young man, even though his doctor has prescribed them. . . .
FROM KERI ANDREWS, mom, founder of Life Transitions Case Management, former staff member at Lambs Farm and Community Alternatives Unlimited: “These are the situations that give me nightmares! I feel ashamed of the broken system in Illinois. The state operated developmental centers (SODC) need to be shut down as they are rife with abuse and neglect. Where should the people that live there go? The CILA system doesn’t necessarily accept/want people with severe behaviors, especially during the severe staff shortage that agencies are currently experiencing.
”I would encourage everybody that reads this newsletter to contact their legislators to let them know about this family’s tragic experience.
“The fact that Kiley will not let in behavioral health experts to help this young man with his trauma--so that he can hopefully ‘earn’ his way into community placement in a CILA someday--should be an actual crime. I personally think it’s a barrier to his ability to get community services!
“Any lawyers out there?”
FROM SHIRLEY PACELY, founder of Blue Tower Training: “This is tragic and heart-breaking!”
FROM KERI ANDREWS: “I have worked with many of the Visions behavioral therapists directly. The staff are amazing, and I would highly recommend them to any parents that are struggling to reach out and contact them.”
From Layla Krzykowski, former staff at Kreider Services and Jack Mabley Center: “Why aren't the staff at Kiley properly trained in evidence-based approaches like ABA? How can they not be required to have proper training on how to deal with maladaptive behavior? As a Q, I've worked closely with multiple Qs, social service staff and mental health techs at Mabley helping a client (several years ago, prior to some of the gross allegations coming out of there now) and everyone was well aware, well-trained and did a great job.
“It's a freaking state operated facility for goodness sake, how is it that they're not being held accountable to the same standards that some of the really good providers with 24-hour CILA's are holding themselves to? Everyone gets the same emails and the same bulletins from DDD. I feel like covid has been incredibly detrimental to staffing ratios that were already in an emergency state, that's got to be some of what's going on. Otherwise I just don't know what else to say about it. It makes no sense to me.”
From Melanie Ware-Stith, Belleville: “Not sure, if it was happening I don’t think we would be having this discussion. Not trying to say this with a harsh tone, but don’t have a better way at this moment to say it. Likely because the term ‘proper training’ is subjective. Center based training is also different from individualized and evidence based.”
From Erin Drozd: “There are so many issues with this story. 1. While not ideal, especially because of behavioral concerns, why doesn't the family bring him home. I know this is not always an option. 2. Has this family talked to a lawyer? Their state rep? The mayor or his administration of Waukegan? Go much, much bigger!”
From Kelly Arens-Whicker: “This is heartbreaking. I knew this family from a previous job and I am so saddened that the State of Illinois can't do better for him and his family. These institutions all need to be shut down. The abuse and neglect that occurs in them is disgusting and sickening.”
From Christina McLaughlin Woods: “This is horrible!”
From Keri Andrews: “I wish I knew how to fix this, because it’s not just about money. It’s about bringing back staff that are burnt out and compassion fatigued.”

10/19/2024

Ed's Newsletter - KILEY STILL REFUSING TO ALLOW VISIONS ON CAMPUS FOR ABA SERVICES

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847-410-7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
Oct. 19, 2024 – No. 370

IN OUR INBOX : SERIOUSLY ILL YOUNG MAN DESPERATELY NEEDS ABA . . .

Letters have been pouring into Facebook, responding to our report that Kiley Developmental Center is continuing to refuse to allow Visions Inc. to provide ABA services to Joe, a seriously ill young man, even though his doctor has prescribed them. . . .

FROM KERI ANDREWS, mom, founder of Life Transitions Case Management, former staff member at Lambs Farm and Community Alternatives Unlimited: “These are the situations that give me nightmares! I feel ashamed of the broken system in Illinois. The state operated developmental centers (SODC) need to be shut down as they are rife with abuse and neglect. Where should the people that live there go? The CILA system doesn’t necessarily accept/want people with severe behaviors, especially during the severe staff shortage that agencies are currently experiencing.

”I would encourage everybody that reads this newsletter to contact their legislators to let them know about this family’s tragic experience.

“The fact that Kiley will not let in behavioral health experts to help this young man with his trauma--so that he can hopefully ‘earn’ his way into community placement in a CILA someday--should be an actual crime. I personally think it’s a barrier to his ability to get community services!

“Any lawyers out there?”

FROM SHIRLEY PACELY, founder of Blue Tower Training: “This is tragic and heart-breaking!”

FROM KERI ANDREWS: “I have worked with many of the Visions behavioral therapists directly. The staff are amazing, and I would highly recommend them to any parents that are struggling to reach out and contact them.”

From Layla Krzykowski, former staff at Kreider Services and Jack Mabley Center: “Why aren't the staff at Kiley properly trained in evidence-based approaches like ABA? How can they not be required to have proper training on how to deal with maladaptive behavior? As a Q, I've worked closely with multiple Qs, social service staff and mental health techs at Mabley helping a client (several years ago, prior to some of the gross allegations coming out of there now) and everyone was well aware, well-trained and did a great job.

“It's a freaking state operated facility for goodness sake, how is it that they're not being held accountable to the same standards that some of the really good providers with 24-hour CILA's are holding themselves to? Everyone gets the same emails and the same bulletins from DDD. I feel like covid has been incredibly detrimental to staffing ratios that were already in an emergency state, that's got to be some of what's going on. Otherwise I just don't know what else to say about it. It makes no sense to me.”

From Melanie Ware-Stith, Belleville: “Not sure, if it was happening I don’t think we would be having this discussion. Not trying to say this with a harsh tone, but don’t have a better way at this moment to say it. Likely because the term ‘proper training’ is subjective. Center based training is also different from individualized and evidence based.”

From Erin Drozd: “There are so many issues with this story. 1. While not ideal, especially because of behavioral concerns, why doesn't the family bring him home. I know this is not always an option. 2. Has this family talked to a lawyer? Their state rep? The mayor or his administration of Waukegan? Go much, much bigger!”

From Kelly Arens-Whicker: “This is heartbreaking. I knew this family from a previous job and I am so saddened that the State of Illinois can't do better for him and his family. These institutions all need to be shut down. The abuse and neglect that occurs in them is disgusting and sickening.”

From Christina McLaughlin Woods: “This is horrible!”

From Keri Andrews: “I wish I knew how to fix this, because it’s not just about money. It’s about bringing back staff that are burnt out and compassion fatigued.”

10/04/2024

Keri Andrews
These are the situations that give me nightmares! I feel ashamed of the broken system in Illinois. The state operated developmental centers (SODC) need to be shut down as they are rife with abuse and neglect. Where do the people that live there go? The CILA system doesn’t necessarily accept/want people with severe behaviors, especially during the severe staff shortage that agencies are currently experiencing.
I would encourage everybody that reads this newsletter to contact their Senator or congressman to let them know about this family’s tragic experience
The fact that Kiley will not let in behavioral health experts to help this young man with his trauma… so that he can hopefully “earn” his way into community placement in a CILA someday should be an actual crime. I personally think it’s a barrier to his ability to get community services!
Any lawyers out there?
3h
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Melanie Ware-Stith
Because ABA is evidence based, requires staff to be properly trained and data driven, etc.
8h
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Edited
Keri Andrews
Melanie Ware-Stith I have worked with many of the Vision behavioral therapists directly while I was a PAS agent/ISSA/ISC and the Director of administration at lambs Farm. The staff are amazing, and I would highly recommend to any parents that are struggling to reach out and contact them.
4h
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Shirley Paceley
This is tragic and heart-breaking!
7h
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Linda Young
Send him to a home in Wisconsin. He will get better care and Wisconsin is far better than Illinois for programs
7h
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Keri Andrews
Linda Young Illinois, unfortunately, just can’t send people across the border. This family would have to reapply for Medicaid and establish some type of residency there.
4h
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Linda Young
Keri Andrews would do that in a heart beat
2h
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Keri Andrews
Linda Young reach out to me if you want to discuss this topic further. I worked for community care Inc. in Wisconsin for a few years before working at life transitions case management full-time. I understand the Wisconsin system and what needs to be done to access services there. Every bit of it is completely different than Illinois system. 💜
There are pros and cons to every system, please keep that in mind 🙏🏼
PM me as I provide free 30 minute phone consultations.
2h
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Linda Young
Keri Andrews my son goes to Matthias Academy
2h
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Keri Andrews
Linda Young That’s a private pay situation. If he was interested in going to Good Shepherd college, I could help you get funding for that residential college program
If I ever find the time I would like to tour Matthias as I’ve heard amazing things about it 💜
2h

10/03/2024

Ed's Newsletter - SEVERELY ILL KILEY RESIDENT GETTING THE RUN-AROUND...

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847.410.7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 369 – Oct. 3, 2024

DOCTOR SAYS HE NEEDS BEHAVIOR THERAPY, CENTER’S OFFICIALS REFUSE . . .

We last reported in mid-June on the plight of a young man with autism named Joe.

Joe is a 31-year-old man from the northern suburbs who suffered from repeated staff violence for more than 2 years as a resident of Shapiro Developmental Center in Kankakee.

His family pleaded for him to be moved elsewhere, and he was finally moved May 18 to Kiley Center in Waukegan. Apparently on the next day, May 19, he was brutalized by staff once again.

Joe has extreme trauma, severe PTSD (post-traumatic stress disorder) and an extreme startle reflex. He is in emergency need of the assistance of a BCBA (board-certified behavior analyst). His doctor has prescribed 20-25 hours per week of applied behavior analysis (ABA) therapy on site for him. (Please excuse all the acronyms.}

The family had already contacted Visions Inc., which provides BCBA services, and they were scheduled to start working with him at Shapiro. But it turns out Kiley doesn’t offer that. In fact, they are the only one of the 7 state institutions that doesn’t.

This prompted Joe’s mother, Maureen, to send this message to the administration: “Psychologically, emotionally, Joseph is in emergency need of trauma based services to heal from all the abuse and neglect. He has zero trust in Kiley staff after multiple incidents during his first weeks there. This demonstrates a severe need of bringing in outside trained expert help to assist with healing from trauma, to rebuild trust and regain cooperation. This email is a direct request for Joseph to be granted enough hours to meet his severe needs and that this be provided on an emergency basis for him. We are concerned if the state does not fund enough hours, he will continue to decline.”

And Maureen had this to say about the abuse at Kiley: “There were two people in the video of abuse of Joseph at Kiley on May 18. When we returned Joseph to Kiley on June 16, we discovered that one of the two men involved in the abuse on May 18 was BACK AT HOME 24 caring for Joseph. We were totally shocked to see someone who aided the abuser back caring for Joseph in light on an ongoing OIG investigation.”

In 2018, Joe’s life changed dramatically. He was given a vaccine without the family’s knowledge, permission or consent. “Within a week he became catatonic, was later treated for seronegative autoimmune encephalitis and developed refractory seizures,” his mother said. “ He spent many hundreds of days in hospitals for many treatments.”

In 2022, her attorney said she just needed to “place” Joe. “The only place that would take him was Shapiro, and that started his life in hell.”

Fast forward to this past summer. Joe became very ill, was hospitalized, and then was sent to hospice. But he didn’t die. He recovered. He is currently at Northwestern Hospital. Northwestern is ready to send him back to Kiley. But Kiley is adamant that he won’t get the prescribed ABA therapy that he desperately needs.

Why? They won’t say.

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847.410.7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 369 – Oct. 3, 2024

DOCTOR SAYS HE NEEDS BEHAVIOR THERAPY, CENTER’S OFFICIALS REFUSE . . .
We last reported in mid-June on the plight of a young man with autism named Joe.
Joe is a 31-year-old man from the northern suburbs who suffered from repeated staff violence for more than 2 years as a resident of Shapiro Developmental Center in Kankakee.
His family pleaded for him to be moved elsewhere, and he was finally moved May 18 to Kiley Center in Waukegan. Apparently on the next day, May 19, he was brutalized by staff once again.
Joe has extreme trauma, severe PTSD (post-traumatic stress disorder) and an extreme startle reflex. He is in emergency need of the assistance of a BCBA (board-certified behavior analyst). His doctor has prescribed 20-25 hours per week of applied behavior analysis (ABA) therapy on site for him. (Please excuse all the acronyms.}
The family had already contacted Visions Inc., which provides BCBA services, and they were scheduled to start working with him at Shapiro. But it turns out Kiley doesn’t offer that. In fact, they are the only one of the 7 state institutions that doesn’t.
This prompted Joe’s mother, Maureen, to send this message to the administration: “Psychologically, emotionally, Joseph is in emergency need of trauma based services to heal from all the abuse and neglect. He has zero trust in Kiley staff after multiple incidents during his first weeks there. This demonstrates a severe need of bringing in outside trained expert help to assist with healing from trauma, to rebuild trust and regain cooperation. This email is a direct request for Joseph to be granted enough hours to meet his severe needs and that this be provided on an emergency basis for him. We are concerned if the state does not fund enough hours, he will continue to decline.”

And Maureen had this to say about the abuse at Kiley: “There were two people in the video of abuse of Joseph at Kiley on May 18. When we returned Joseph to Kiley on June 16, we discovered that one of the two men involved in the abuse on May 18 was BACK AT HOME 24 caring for Joseph. We were totally shocked to see someone who aided the abuser back caring for Joseph in light on an ongoing OIG investigation.”

In 2018, Joe’s life changed dramatically. He was given a vaccine without the family’s knowledge, permission or consent. “Within a week he became catatonic, was later treated for seronegative autoimmune encephalitis and developed refractory seizures,” his mother said. “ He spent many hundreds of days in hospitals for many treatments.”

In 2022, her attorney said she just needed to “place” Joe. “The only place that would take him was Shapiro, and that started his life in hell.”
Fast forward to this past summer. Joe became very ill, was hospitalized, and then was sent to hospice. But he didn’t die. He recovered. He is currently at Northwestern Hospital. Northwestern is ready to send him back to Kiley. But Kiley is adamant that he won’t get the prescribed ABA therapy that he desperately needs.
Why? They won’t say.

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847.410.7145, mcmanus006@gmail.com, Facebook, LinkedIn

Ed’s Newsletter
No. 369 – Oct. 3, 2024

DOCTOR SAYS HE NEEDS BEHAVIOR THERAPY, CENTER’S OFFICIALS REFUSE . . .
We last reported in mid-June on the plight of a young man with autism named Joe.
Joe is a 31-year-old man from the northern suburbs who suffered from repeated staff violence for more than 2 years as a resident of Shapiro Developmental Center in Kankakee.
His family pleaded for him to be moved elsewhere, and he was finally moved May 18 to Kiley Center in Waukegan. Apparently on the next day, May 19, he was brutalized by staff once again.
Joe has extreme trauma, severe PTSD (post-traumatic stress disorder) and an extreme startle reflex. He is in emergency need of the assistance of a BCBA (board-certified behavior analyst). His doctor has prescribed 20-25 hours per week of applied behavior analysis (ABA) therapy on site for him. (Please excuse all the acronyms.}
The family had already contacted Visions Inc., which provides BCBA services, and they were scheduled to start working with him at Shapiro. But it turns out Kiley doesn’t offer that. In fact, they are the only one of the 7 state institutions that doesn’t.
This prompted Joe’s mother, Maureen, to send this message to the administration: “Psychologically, emotionally, Joseph is in emergency need of trauma based services to heal from all the abuse and neglect. He has zero trust in Kiley staff after multiple incidents during his first weeks there. This demonstrates a severe need of bringing in outside trained expert help to assist with healing from trauma, to rebuild trust and regain cooperation. This email is a direct request for Joseph to be granted enough hours to meet his severe needs and that this be provided on an emergency basis for him. We are concerned if the state does not fund enough hours, he will continue to decline.”

And Maureen had this to say about the abuse at Kiley: “There were two people in the video of abuse of Joseph at Kiley on May 18. When we returned Joseph to Kiley on June 16, we discovered that one of the two men involved in the abuse on May 18 was BACK AT HOME 24 caring for Joseph. We were totally shocked to see someone who aided the abuser back caring for Joseph in light on an ongoing OIG investigation.”

In 2018, Joe’s life changed dramatically. He was given a vaccine without the family’s knowledge, permission or consent. “Within a week he became catatonic, was later treated for seronegative autoimmune encephalitis and developed refractory seizures,” his mother said. “ He spent many hundreds of days in hospitals for many treatments.”

In 2022, her attorney said she just needed to “place” Joe. “The only place that would take him was Shapiro, and that started his life in hell.”
Fast forward to this past summer. Joe became very ill, was hospitalized, and then was sent to hospice. But he didn’t die. He recovered. He is currently at Northwestern Hospital. Northwestern is ready to send him back to Kiley. But Kiley is adamant that he won’t get the prescribed ABA therapy that he desperately needs.
Why? They won’t say.

McMANUS CONSULTINGDISABILITY SERVICESAn affiliate of The Arc of Illinois847.410.7145, mcmanus006@gmail.com, Facebook, Li...
09/05/2024

McMANUS CONSULTING
DISABILITY SERVICES
An affiliate of The Arc of Illinois
847.410.7145, mcmanus006@gmail.com, Facebook, LinkedIn




Ed’s Newsletter
No. 368 – Sept. 5, 2024

STATE WANTED TO END OVERSIGHT OF DISABILITY SERVICES . . .

By MOLLY PARKER
& BETH HUNDSDORFER
Capitol News Illinois

A federal judge has denied Illinois' request to end court oversight of its disability services.

Judge Sharon Johnson Coleman, with the U.S. District Court for the Northern District of Illinois, agreed with legal advocates who argued that the state still hasn't met its decade-old promises to help people with intellectual and developmental disabilities live outside large institutions.

The ruling stems from a legal settlement that established court oversight of the Illinois Department of Human Services’ programs in 2011. Known as the Ligas consent decree, it followed a 2005 lawsuit accusing Illinois of failing to support people who wanted to live in community settings — whether with family, in their own homes, or in small group homes. The lawsuit claimed Illinois violated a 1999 U.S. Supreme Court ruling, which mandated that states provide options for care in integrated community settings.
Illinois has long been an outlier in the number of people and the amount of money it puts into maintaining large state-run and private institutions that house people in hospital-like settings. And over the past two years, Capitol News Illinois and ProPublica have exposed severe conditions, including extreme abuse and life-threatening neglect, in the state’s seven developmental centers.

Some residents and their caregivers have sought to leave these facilities but told reporters they’ve been unable to find suitable group home placements due to a shortage of options that meet their specific medical and behavioral needs.

In a court filing late last year, the state argued that it had substantially increased funding for community-based care and, as a result, saw the number of people served in family homes and group homes increase from 13,500 in 2011 to over 23,000 in 2023. The state also said it had raised pay for workers who assist with daily tasks like eating and bathing in community settings and had reduced wait times for services, especially for those in crisis.

In late May, Ronnie Cohn, an independent monitor in the case, told the judge in a court filing that referenced the news organizations’ reporting that she believed it was crucial to maintain oversight. She argued that a lack of crisis support and specialty services had contributed to the state inappropriately placing people in state-operated developmental centers. Once there, she said people struggled to return to the community in a timely manner because of additional state failures to help people identify new community placements and develop independent living skills that would ease the transition. In a prior court filing, Equip for Equality, the plaintiffs’ attorney, made similar arguments and also expressed alarm about safety issues inside the facilities.

In her ruling, Coleman acknowledged that while the state had made “significant progress” since 2011 in expanding community-based services, it had not fully met the mandates of the consent decree.

Her one-page decision denying the state’s request to end oversight did not provide specific opinions on these issues but indicated that they will remain the focus in future proceedings.

A spokesperson for the Illinois Department of Human Services said the agency is reviewing the order to determine next steps.

“We are proud of the significant progress that has been made by our administration to date, and we remain committed to ensuring that individuals with intellectual and developmental disabilities have the opportunity to live in the least restrictive setting of their choosing,” the spokesperson said.

Equip for Equality praised the judge’s ruling, saying more work still is needed.

“People with these disabilities have a right to live fully independent lives in the community,” Zena Naiditch, Equip for Equality’s president and chief executive, said in a statement. “Sadly, Illinois is a national leader in placing people with disabilities in institutions, relying on antiquated, discriminatory service systems.”

Heidi Dalenberg, interim legal director at the ACLU of Illinois, which filed the original lawsuit nearly 20 years ago, also welcomed the ruling. She said in a statement that thousands of people in Illinois are still trapped in institutional care against their wishes.

“It has been clear for years that the key to solving this problem is for Illinois to invest its energy in building a strong network of community-based resources,” Dalenberg said.

Samantha Alloway, executive director for The Arc of Illinois and the mother of a 9-year-old who is on the autism spectrum, said she worries about continued care for her son in the event she could no longer provide it. She expressed relief that the court will maintain oversight and continue to hold IDHS accountable.

“We give credit to the Pritzker administration who has invested more in people with developmental disabilities than any administration in history, but while we are grateful for the unprecedented support of this administration, there is still so much to do,” Alloway said.

Alloway said she hopes IDHS will use this time to “aim higher” and grow community services to allow continuity of services for people with developmental disabilities as they and their caregivers age.

“This can be a time to plan as people move from home-based services to community-based services so we aren’t just going from one crisis to another,” Alloway said.

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