DOJ Launches Investigation into Illinois Department of Human Services Division of Developmental Disabilities; Administration for Community Living to Close

Developmental Disabilities

The U.S. Department of Justice (DOJ) has advised the Illinois Department of Human Services (IDHS) Division of Developmental Disabilities by letter that it is launching an investigation into the agency’s treatment of people with developmental disabilities. Illinois has over 1,600 individuals living in state facilities, which is one of the largest populations of adults with developmental and intellectual disabilities in the nation who reside in state-run institutions.

The DOJ intends to determine whether the state has unnecessarily institutionalized adults with intellectual and developmental disabilities or whether it has put those adults at serious risk of institutionalization. Additionally, the DOJ intends to investigate allegations of abuse and neglect in three of the seven state-run residential institutions: Choate (Anna), Jack Mabley (Dixon), and Samuel Shapiro (Kankakee).

In 2007, the DOJ investigated Choate, culminating in a 2009 report containing various findings. The DOJ continued to monitor the facility until 2013 because of the following violations of federal constitutional and statutory rights:

  • Failure to properly transition people moving from the facility into the community and vice versa;
  • Failure to protect residents from abuse and neglect; and
  • Failure to meet residents’ health, education, and treatment needs.

Scrutiny of Choate increased again in 2022 when Capitol News Illinois and ProPublica began investigating the facility after multiple arrests of Choate staff members on charges of abusing and neglecting residents. The investigation exposed internal communications, police reports, and court records involving Choate staff members who had beaten, sexually assaulted, and verbally and emotionally abused residents. The IDHS’s Office of the Inspector General made similar findings, including the institution’s habit of covering up abuse and neglect of residents.

Despite the investigatory findings dating back to 2022, the DOJ has taken no action on the issue until now. Nonetheless, Illinois Governor J.D. Pritzker and IDHS announced their intent to move at least half of Choate’s residents to community placements or one of the state’s other six facilities. However, Equip for Equality, an advocacy organization monitoring the transition, found that many people ended up in other institutions rather than community placements as promised. Furthermore, the agency found that the transition period was plagued by long wait times, a lack of community-based service providers, and guardians making decisions for individuals rather than considering their wishes. To date, the state has moved only 81 people from Choate, and more than half transferred to other state-run facilities.

A December 2024 report from the Office of Inspector General stated that it received over 15,000 complaints from individuals in institutions or community-based settings. This figure represents a 24% increase in complaints in the last fiscal year and an 80% increase since fiscal year 2020.

The recent announcement by the Trump administration that it will close the U.S. Department of Health and Human Services (HHS) Administration for Community Living (ACL) could further compound the state’s problems in housing people with intellectual and developmental disabilities. ACL provides federal funding for services and support for people with disabilities living in the community.

However, HHS further announced that the programs previously provided by ACL will be divided among the Administration for Children and Families (ACF), Assistant Secretary for Planning and Evaluation (ASPE), and Centers for Medicare and Medicaid Services (CMS). The HHS also has or intends to cut 20,000 employees, reduce 28 HHS divisions to 15, and condense 10 regional offices to just five.

The ACL has operated since 2012 to unite aging and disability divisions within HHS. Until now, the ACL has funded and worked with over 2,500 organizations across the United States.  

Contact Us Today to Learn More About Our Legal Services for Those With Developmental Disabilities

Rubin Law is the only Illinois law firm to dedicate itself exclusively to providing compassionate legal services for children and adults with special needs. We offer unique legal and future planning techniques to meet your family’s individual needs.

Call us today at 866-TO-RUBIN or email us at email@rubinlaw.com to learn more about the services we can offer you and your family.