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Posted: Wednesday, 01 July 2009 5:18PM
Cutting funds for the developmentally disabled and mentally ill
Bob Roberts Reporting
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CHICAGO (WBBM) -- A federal judge Wednesday refused to order the state to continue funding programs at existing levels for nearly 88,000 mentally ill and developmentally disabled Illinoisans.
The group "Equip for Equality" appeared before U.S. District Judge Virginia Kendall hours before Gov. Pat Quinn vetoed the so-called "50 percent" budget, which included no increase in the income tax and attempted to minimize the deficit through severe cuts in a number of state programs.
Judge
Kendall told the group's attorney, Karen Ward, that she wanted specifics on who is being hurt by the inaction or threatened spending cuts, and how.
Ward said that for now, Quinn's veto is little different from approving the barebones budget.
"State agencies are already taking action based on the '50 percent budget,'" Ward said. "This judge seemed concerned that the '50 percent budget' wasn't law, and therefore the case wasn't 'ripe.' Other judges haven't agreed with that. We're saying it doesn't matter because the agencies are not going to commit to (spending) funds that they don't think they're going to have."
Kendall set an 8:30 a.m. hearing July 8 before U.S. District Judge Amy St. Eve, who has been assigned the case. Ward said she intends to have plenty of specifics by then.
"The fear, anxiety and real terror that it has put on people who are dependent on home services, in terms of basic needs, it has been horrific," Ward said.
The suit seeks to keep spending on the agencies unchanged until the governor and lawmakers can reach agreement. Ward says the group can be flexible -- so long as clients continue to receive services.
The suit, filed Tuesday, names the director of the Illinois Department of Healthcare and Family Services (DHFS) and several other agency heads.
Equip For Equality filed the suit to prevent DHFS Director Barry S. Maram, Illinois Dept. of Human Services Director Carol L. Adams and Illinois Dept. on Aging Director Charles D. Johnson from eliminating programs for people with developmental disabilities and reducing funding for community health programs.
According to the suit, Human Services Dept. Division of Developmental Disabilities will eliminate services to 30,000 consumers, and its Division of Mental Health will eliminate access to services to 57,800 individuals in need of mental health services, because of the budget cuts threatened in Springfield.
On June 15, the Dept. on Aging announced that it would cut community-provided services and grants to seniors, including eliminating the community program care program, which helps senior citizens stay in their homes, and not put into nursing homes.
Many of the individuals affected by the cuts have psychiatric, developmental and physical disabilities, the suit said.
The suit claims the budget cuts violates the American with Disabilities Act, Medicaid Act, and Illinois law, and wants an injunction prohibiting the department heads from implementing the proposed reduction in services to disabled individuals.
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