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STATE OF INDIANA TO IMPROVE CONDITIONS FOR DISABLED

WASHINGTON, D.C. - The State of Indiana will implement and maintain a broad range of staffing, supervision, quality assurance and therapy reforms at Muscatatuck State Developmental Center in Butlerville, and at the Fort Wayne State Developmental Center in Fort Wayne under an agreement reached today with the Justice Department.

In a complaint, filed together with the agreement in U.S. District Court in Indianapolis, the Justice Department alleged that the conditions of confinement at these facilities do not meet federal constitutional and statutory standards. Under the agreement, the State of Indiana will ensure that appropriate safeguards and protections are provided to individuals who continue to reside in these institutions, as well as to those who are placed in alternative community settings. The State must improve training, clinical and medication practices; ensure that the use of restraint is appropriate; and increase efforts to place qualified individuals in the most integrated setting possible, appropriate to their needs.

"I applaud the cooperative efforts between Federal and State officials in reaching an agreement designed to ensure a fair and expeditious resolution of concerns without prolonged and costly litigation," said Bill Lann Lee, Assistant Attorney General for Civil Rights. "It is vital that the State continue along the path of providing timely and appropriate supports and services to disabled persons placed under its care."

Today's settlement agreement requires the State to file quarterly compliance reports with the U.S. District Court. The first report is due to be filed in April, 2001. The state has agreed to implement the terms of the settlement agreement by February, 2002. The United States will have reasonable access to the facilities and its records and residents to access compliance. After compliance has been reached, the Court will maintain jurisdiction for up to one year to ensure sustained compliance.

The Civil Rights Division's investigation of these facilities began in 1998 as a result of an investigation of the Newcastle Developmental Center in Indiana, which has since been closed. The investigation consisted of on-site inspections, review of institutional records, and interviews with facility personnel.

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