'Historic' step forward in US case affecting Rhode Islanders with disabilities

PROVIDENCE -- In what was described as a "historic" step forward for Rhode Islanders living with intellectual and developmental disabilities, U.S. District Court Judge John J. McConnell Jr. on Thursday accepted a plan by the state to bolster services and support with measures including raises for long-underpaid workers in the field.

McConnell himself used the term "historic" at the end of an hour-long virtual hearing in praising the state Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, court monitor A. Anthony Antosh and others involved in the so-called action plan for about 4,000 Rhode Islanders who will benefit.

"This court knows it is not easy to move government," McConnell said. "Moving that mountain was a monumental achievement ... I am so complimentary."

"The state is immensely proud of this proposal," said lawyer Kathleen A. Hilton, who represented Rhode Island.

"While the plan is not perfect, it's good and possibly very good," said lawyer Kathleen A. Sherlock, representing Antosh, who also spoke. Sherlock called it "a significant step in the right direction."

Antosh said "the impact of all these things moves the system forward."

Among the key elements of the three-page action plan:

Raises for direct-support professionals -- DSPs, or front-line workers in the IDD field -- that will bring starting wages to $18 an hour in the 2023 fiscal year, which begins July 1, and to $20 an hour in the next fiscal year.

A "statewide infrastructure and recruitment" workforce initiative intended to be "focused on recruiting, creating pipelines and credentialing."

Establishment of a $12-million transformation fund to support day activities and employment services for individuals being served by the state.

Spending totaling $2 million for new technologies that can help individuals toward greater independence and overall well-being.

A commitment to work with RIPTA on improving transportation, a key factor in work and other opportunities.

More: 2016 Journal investigation of a system in crisis

The tone of Thursday's hearing, which concluded with McConnell entering an order for the plan and an agreement not to hold the state in contempt, stood in contrast to earlier proceedings that were marked by contention and threats of fines.

Still, the parties agreed that while acceptance of the action plan is a significant milestone, work remains.

"Good job," McConnell said, but "you have a lot of work ahead of you collectively ... carry on, everyone, as they say."

Speaking with The Journal after the session, state Sen. Lou DiPalma, who has played a major role in advancing disability issues, said "I echo Judge McConnell's sentiment that this is historic. What's critical now is keeping to the plan."

Thursday's hearing was the latest development in a 2014 consent decree that followed an investigation by the Department of Justice's Civil Rights Division that found Rhode Island violated the Americans with Disabilities Act.

In what was considered a landmark finding, the Justice Department criticized "the state's failure to develop a sufficient quantity of integrated transition, employment, vocational and day services and supports for individuals with I/DD."

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