Justice Department Finds State of Missouri Unnecessarily Institutionalizes Adults with Mental Health Disabilities in Skilled Nursing Facilities in Violation of the Americans with Disabilities Act and Improperly Relies on Guardianship

Source: United States Department of Justice

The Justice Department announced today its findings that the State of Missouri violated Title II of the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing adults with mental health disabilities in nursing facilities. The investigation also examined the role of guardianships in such institutionalization.

The Justice Department determined that there is reasonable cause to believe Missouri violates the ADA by failing to provide the community-based services adults with mental health disabilities need in order to remain in their communities. It also found that the state is improperly relying on guardianship and that this leads to people entering nursing facilities even though community-based services are appropriate for their needs.

“People with mental health disabilities should not have to be confined to a nursing facility because they cannot access the community-based services they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will safeguard the rights of people with disabilities to participate fully in their communities. The state’s reliance on guardianships that serve as a pipeline to nursing facilities, rather than engaging people in community-based mental health services, has led to violations of the ADA.”

The department’s investigation found Missouri fails to provide community-based mental health services for many people with mental health disabilities who need them, including services such as:

  • Assertive Community Treatment;
  • Case management;
  • Supported employment;
  • Mobile crisis response;
  • Crisis stabilization services;
  • Permanent Supportive Housing;
  • Peer support; and
  • Supported Decision-Making.

Instead, the state makes nursing facility services for these people. Missouri can reasonably modify its system to remedy this violation by expanding community-based services and implementing processes to ensure that individuals can receive those services rather than entering nursing facilities.

Individuals with information relevant to this matter can contact the department by leaving a voicemail at 833-610-1242 or emailing Community.Missouri@usdoj.gov. The Justice Department will hold two virtual community meetings on Tuesday, June 25, at 6 p.m. CT/7 p.m. ET and Wednesday, June 26, at 12 p.m. CT/1 p.m. ET. Members of the public are encouraged to attend to learn more about the findings. Please register to join these meetings by clicking on the respective link. If you need an interpreter or accommodation to attend, please email Community.Missouri@usdoj.gov.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt/rights-persons-disabilities and www.ada.gov.

View the findings report here.

View the notice letter here.

Justice Department Finds That Utah Violates Federal Civil Rights Law by Segregating People with Disabilities

Source: United States Department of Justice

The Justice Department announced today its findings that Utah is violating the Americans with Disabilities Act (ADA) by unnecessarily segregating youth and adults with intellectual and developmental disabilities (I/DD) during the day, instead of helping them find work and spend their days in their communities.

The department found that the State relies on segregated settings, such as sheltered workshops and day facilities, where people with I/DD have limited interaction with people without disabilities and have little choice in how to spend their time. As a result, thousands of Utahns with I/DD spend their days separated from their communities. Other individuals with I/DD in the State, including youth with I/DD who are transitioning out of children’s services, are at serious risk of unnecessary segregation in these settings.

“Full inclusion in society is a central promise of the ADA,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People with intellectual and developmental disabilities are entitled to full inclusion, and to the dignity and purpose that comes with deciding where to work and how to spend their days.”

Utah’s sheltered workshops are often located in large, industrial warehouses. People with I/DD who work in sheltered workshops may spend all day at the warehouse, performing rote tasks — like shredding paper — often for less than minimum wage. In day facilities, people with I/DD may similarly spend all day at the facility with nothing much to do other than craft or watch TV.

The ADA and the U.S. Supreme Court’s decision in Olmstead v. L.C. require state and local governments to make their services for people with disabilities available in the most integrated setting appropriate to each person’s needs. In October 2023, the department issued guidance explaining how this federal requirement applies to publicly-funded employment and day services.

The Civil Rights Division’s Disability Rights Section investigated the case, with assistance from the U.S. Attorney’s Office for the District of Utah.

For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov/topics/community-integration/.

For more information on the Civil Rights Division, please visit www.justice.gov/crt.

Multiple Alabama Individuals Charged for Sex Trafficking and Related Offenses

Source: United States Department of Justice

A federal judge in the Middle District of Alabama unsealed an eight-count indictment today charging five individuals with sex trafficking and related offenses. 

According to the indictment, Kimani Jones, 30, Treymane Lambert, 48, and Aleecia Scott, 27, of Montgomery, Alabama, used force, fraud and coercion to compel adult women to engage in commercial sex acts between August 2016 and November 2020. Jones also used force, fraud and coercion to compel two minors to engage in commercial sex acts during that period, and Joseph Keon Bowe, 37, of Notasulga, Alabama, used force, fraud and coercion to compel a minor to engage in commercial sex acts between August 2018 and March 2019.

In addition, the indictment charges Jones with transporting one minor and one adult woman across state lines for purposes of prostitution in November 2016 and January 2020. A fifth defendant, Daryle Gardner, 30, of Prattville, Alabama, is charged with transporting an adult woman for purposes of prostitution in January 2020.

If convicted, the defendants face a range of penalties, including substantial prison terms, and mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Jonathan S. Ross for the Middle District of Alabama and Acting Special Agent in Charge Anthony J. Patrone of Homeland Security Investigations (HSI) made the announcement.

HSI, the Alabama Law Enforcement Agency, Montgomery Sheriff’s Office, Montgomery Police Department and Montgomery Attorney General’s Office investigated the case.

Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorney Tara Ratz for the Middle District of Alabama are prosecuting the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Defense News: It’s Been the Privilege of a Lifetime: Leadership of Tactical Training Group Atlantic Changes Hands

Source: United States Navy

Rear Adm. Max McCoy, commander of Carrier Strike Group (CSG) 4, presided over the ceremony.

“CSG-4 and TTGL are centers of excellence for strike group training. They matter more now than they ever have. They prepare our ships, Amphibious Ready Group – Marine Expeditionary Unit teams, and Carrier Strike Groups to deter, defend, and if necessary, defeat the enemy in combat,” said McCoy. “Our ships, shipmates, partners, and Allies operate in a dangerous and dynamic environment – we sail into harm’s way.”

He also commended Anderson for his leadership as part of the teams delivering relevant combat capability to the Navy, Marine Corps, and Joint Force team.

“As the former CSG-4 Chief of Staff and Commanding officer of TTGL, Sean consistently demonstrated his leadership and led revolutionary improvements to integrated training. As the world continues to be volatile and the threat evolves, we adapted and elevated training while strengthening relationships across the Fleet,” he continued. “Sean provided achievable solutions and mentorship that enabled our ship captains, major commanders, and strike group commanders to lead competent warfighting units.”

Anderson is a native of Wisconsin, and a graduate of the University of Wisconsin. His career was marked by a breadth of experience in multiple platforms with a focus on fleet training and operations.

In addition to command of TTGL, he previously commanded USS Bulkeley (DDG 84) and Destroyer Squadron (DESRON) TWO. He is a plankowner aboard USS Carney (DDG 64), and served in various leadership positions aboard USS Rodney M. Davis (FFG 60), USS Kearsarge (LHD 3), USS Kauffman (FFG 59), and USS Nitze (DDG 94). He also served twice at CSG-4, first as the Asst. Chief of Staff for Training and Assessments, and later as the Chief of Staff.

Ashore he served as Flag Aide to Commander, Naval Surface Forces Atlantic, as the director of operations at Tactical Support Center Sigonella, the Fleet Command Center Director at U.S. Fleet Forces Command, and the executive assistant to the Fleet Forces Command Director of Maritime Operations.

“It’s been the privilege of a lifetime to lead this elite team of civilians and active duty staff to train deploying strike groups and deliver relevant, highly-capable warfighting teams supporting our fleet and combatant commanders,” said Anderson.

“The two things I am most proud of this team for are meeting the ever-growing LVC [live, virtual, and constructive training] demand signal, and their dynamic adaptability to adjust the training to match improving adversary capabilities while incorporating our latest high-end tactics and procedures. Each exercise is more complex and better than the last, which demands a total team effort.”

Anderson turned over lead of TTGL to Quaresimo, a career surface warfare officer and native of Stroudsburg, Penn. who commissioned through the Navy’s Seaman to Admiral Program.

“You are the right warfighter at the right time to take the helm at TTGL…You’ve been riding shotgun and equally accountable for both CSG-4 and TTGL’s recent successes,” said McCoy. “You and your staff are sprinting and leading. Be bold, move fast, and don’t look back.”

TTGL is the benchmark for Fleet LVC and synthetic training, and work closely with U.S. Fleet Forces Command at the Hefti Global LVC Operations Center, which held a ribbon cutting ceremony on May 14.

Quaresimo’s career experience in training, operations, and resourcing and requirements will support the continued training and development of integrated naval forces and the Navy’s approach to training continuums.

“It is with a deep sense of honor that I step into this role. I am proud of our team, and am honored to be here celebrating their success under Sean’s steady leadership,” said Quaresimo. “I know our team will continue to accelerate learning, and I am confident we will train and mentor carrier strike group, amphibious ready group, and independent deploying teams to take on the many challenges they may face in today’s operating environment.”

TTGL’s mission is to train, mentor, and assess carrier strike group, expeditionary strike group, amphibious ready group and Marine Expeditionary Units, and their warfare commanders and staffs for global deployment against peer competitors. TTGL is a supporting command to CSG-4 alongside Expeditionary Warfare Training Group Atlantic.

Carrier Strike Group 4’s mission is to train, mentor, and assess carrier strike groups, amphibious ready groups, and independent deployers for global combat against peer competitors. You can find them on LinkedIn, Twitter, Facebook, and DVIDS.