Today, the U.S. Department of Justice announced that it has concluded an investigation into whether the State of South Carolina subjects adults with serious mental illness (SMI) to unnecessary institutionalization and serious risk of institutionalization in adult care homes, in violation of Title II of the Americans with Disabilities Act (ADA).

The Justice Department determined that there is reasonable cause to believe South Carolina violates the ADA by failing to provide sufficient community-based services to prevent unnecessary institutionalization of adults with mental illness. Instead, the State subsidizes their stay in adult care homes where people have little contact with people without disabilities.

The Department’s investigation found South Carolina lacks needed community-based mental health services such as Assertive Community Treatment, supported employment, permanent supportive housing, intensive case management, and peer support. These services are provided in certain parts of the state, but are not sufficiently available to afford opportunities to avoid or move out of adult care homes and live in the community. As a result, thousands of adults with mental illness are segregated in adult care homes for years.

The Justice Department also found that South Carolina can make reasonable modifications to remedy this discrimination, including expanding its existing community-based mental health services system. The Department is committed to working with the State to implement the necessary reforms and ensure that adults with SMI have the opportunity to live and work in the community.

To find out more about these findings, visit the Special Litigation Section’s website at justice.gov/crt/special-litigation-section or for more information regarding the ADA, visit ada.gov