Recent Developments (Updated Novmeber 13, 2012)
MHAI v. DHS. We represent to mental health advocacy organizations and an individual with mental illness in seeking an injunction agains the Department of Huamn Services compelling DHS to comply with the Funding Reinvestment Statutes. Enacted in 2005, these statutes require the state to reinvest any saving from the closure of a state hospital into alternative mental health services. On July 2, 2012, DHS closed Tinley Park but it only reinvesting two thirds of the funds into alternative services. This matter is pending in the Circuit Court of Cook County, Chancery Division.
Nick v. ISPD. We represent a class of persons who are required to register as sex offenders and also have been diagnosed with a serious mental illnesses which makes it difficulf for them to do so. Many persons with untreated mental illnesses end up homeless and the Illinois sex offender registration law requires homeless persons to register more frequently. Many persons with mental illnesses fail to register due to their untreated illnesses. They are then arrested and charged with the crime of failing to register, which is a strict liability crime. In 2009 we filed a complaint in the Circuit Court of Cook County, County Department, Chancery Division, seeking injunctive relief under the Americans with Disabilities Act (ADA) which would require various state agencies to determine what mental health services our clients need to enable them to comply with the registration laws and then provide those services. On April 29, 2010, Circuit Judge Epstein denied the Defendants' Motion to Dismiss, holding that the Defendants had a duty under the ADA. Subsequently, the cases was re-assigned to Judge Hyman who granted our motion for class certification.