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Home – Health Care – How the Trump Administration Made It Easier to Institutionalize the Mentally Ill

How the Trump Administration Made It Easier to Institutionalize the Mentally Ill

The Department of Justice has taken a big, if somewhat unheralded, step to reverse the trend of deinstitutionalization of the mentally ill in America.

Earlier in June, the DOJ’s Office of Legal Counsel announced in a memorandum that it would update its treatment of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

The section of a law passed by Congress in 1973 prohibited discrimination based on disability by “any program or activity receiving Federal financial assistance.”

Following the 1999 Supreme Court case Olmstead v. L.C., states were essentially pressured by the federal government to provide funding for mentally ill or disabled people to operate in the community or at home care and outside institutions.

In the past, DOJ has further insisted that states provide the most integrated settings for the mentally ill and disabled, which effectively means that they are put in “a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible.”

So, the DOJ effectively threatened states and prevented them from putting mentally ill people in institutions. This was seen as “progress.”

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