Virginia Settlement Agreement with the U.S. Department of Justice After 12 Years for Americans with Disabilities Act

Governor Glenn Youngkin Announces Favorable Ruling to End Settlement Agreement with the U.S. Department of Justice After 12 Years

RICHMOND, VA – Governor Glenn Youngkin today announced that the United States District Court for the Eastern District of Virginia concluded the 12-year settlement agreement by approving a permanent injunction jointly proposed by the Commonwealth and the U.S. Department of Justice (DOJ) on Virginia’s system of services for people with developmental disabilities (DD).

“I’m proud that the Commonwealth is taking the steps to provide Virginians with developmental disabilities and their families the support and services they need to thrive in their communities,” said Governor Glenn Youngkin. “Thanks to the bipartisan collaboration, especially over the past three years, with members of our General Assembly, Virginians with developmental disabilities have meaningful living and care options. Through our Right Help, Right Now plan, we will continue to advocate for and implement transformative changes that will not only benefit Virginia families and communities but also revolutionize the care for Virginians with developmental disabilities for generations to come.”

“Governor Youngkin’s administration has been committed not only to compliance with the settlement agreement, but also to fighting for a stronger and more reliable system for people with developmental disabilities and their families,” said Secretary of Health & Human Resources, Janet V. Kelly. “This shift in care relied heavily on strong partnerships among families, community providers, and members of the General Assembly. As the system continues to improve, we believe that Virginians with developmental disabilities will experience life more fully in the community and that their family members will see them grow and flourish.”

“We are pleased to see the permanent injunction signed, marking a significant step forward in the 2012 case against Virginia for failing to meet the Americans with Disabilities Act’s integration mandate. This decision reflects sustained work by the Virginia Department of Behavioral Health and Developmental Services to achieve compliance with quality indicators and establishes a lasting framework to ensure people with developmental disabilities have access to inclusive, community-based lives. Importantly, the injunction also includes expectations for investments in provider rates, ensuring Virginia follows through on its commitments. We were pleased to see legislative leadership present in court and are optimistic that this demonstrates their commitment to supporting the needs of individuals with developmental disabilities,” said Executive Director of The ARC of Virginia, Tonya Milling.

In 2012, Virginia entered into a settlement agreement with DOJ, after an investigation alleged Virginia failed to provide services to individuals with developmental disabilities in the most integrated settings appropriate to their needs. Since the settlement agreement was first announced in 2012, Virginia has undertaken tremendous efforts to ensure people with DD have access to quality services in integrated community settings, to expand community providers in a variety of settings, to build a quality and risk management system to monitor those settings, and to support independent housing and employment options for people with DD across the Commonwealth. In addition, Virginia closed four of its five outdated institutions for people with intellectual disability, called training centers, from 2014 – 2020. The permanent injunction will terminate and replace the settlement agreement and minimize the need for active court oversight. It contains expectations for services and supports to individuals, a quality management system, compliance monitoring, maintaining a publicly accessible document library, and retains the Independent Reviewer for another two years. In addition, the injunction requires Virginia to conduct rate studies of certain services and then to make best efforts during upcoming legislative sessions to fund implementation of the rates recommended by the studies. Although the settlement agreement has ended, the permanent injunction reflects the Commonwealth’s ongoing commitment and plan of action for supporting Virginians with developmental disabilities.

Through investments by the General Assembly over the past decade, Virginia’s transformed its system of care for individuals with developmental disabilities. In December 2023, Governor Youngkin accelerated this commitment and announced a proposal to fund enough Priority 1 waiver slots for every Virginian on the waitlist, which is a key priority in the Governor’s transformational Right Help, Right Now plan. The General Assembly agreed to a phased approach to add 3,440 slots and provide a three percent increase in rates paid to providers of certain waiver services each year of the biennium. The Commonwealth’s demonstrated commitment to improving services for people with DD was a significant factor in the Commonwealth’s ability to finalize the permanent injunction.

“We want to make it very clear to Virginians: we will not stop here,” said Nelson Smith, Commissioner of the Virginia Department of Behavioral Health and Developmental Services. “We will keep working to ensure individuals with developmental disabilities and their families have even better access to quality providers and life-changing waiver services, and this work is an enduring commitment. We are committed to giving Virginians with disabilities the supports and services they need to live their best lives, full of possibilities, in their communities.”

Virginia maintains a document library to allow the public to access more information about the settlement agreement and track progress. The document library can be found here.