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The Remedial Order

In January 1992 the U.S. Department of Justice sued the State of Tennessee for violations of the Civil Rights of Institutionalized Persons Act (CRIPA) at Arlington Developmental Center (ADC). Since November 1993 the facility has been under a U.S. District Court order (Remedial Order) to correct conditions at the facility.

In 2006 the State and plaintiffs reached what is known as the Settlement Agreement, which made for additional improvements in the Division of Mental Retardation Services community supports system and at ADC. Highlights of the agreement, which was approved by the court in February 2007, are:

  • DIDD, with a broad and detailed plan in development, will downsize ADC within three years leading to its closure
  • DIDD will build and operate 12 state-run community-based Intermediate Care Facilities/intellectual disabilities, which will be home to four persons
  • DIDD will build and operate a resource center offering services not readily accessible: Assistive Technology, dental, speech language pathology, behavioral analysis, medical specialty clinics and nutrition
  • DIDD will continue improvement of community services and supports
  • The definition of "At Risk," which relates to persons eligible for ADC, but were unable to gain admittance due to the moratorium on admissions (Those persons will be identified by DIDD and become class members)