Melody Finnemore//April 5, 2012//

This year marks the 10th anniversary of Staley v. Kitzhaber, a case that has helped gain improved services and support for people with disabilities and their families. Jim Wrigley, Disability Rights Oregon鈥檚 attorney, and Bob Weaver, an owner with Garvey Schubert Barer, led the legal effort that resulted in the Oregon Legislature signing a case decree into state statute last year.
Wrigley tells Briefly Legal how the Staley case has changed things over the last decade, and what improvements still need to be made. His responses have been edited for brevity.
BL: Did you know this would be a precedent-setting case when it began?
Wrigley: We knew that if the Staley case was successful, Oregon would no longer have a lengthy waiting list for developmental services. It would be the culmination of a long campaign by individuals with developmental disabilities, families and advocates to 鈥渦nlock the wait list.鈥 We were fortunate that the state decided to work with us to develop a solution.
The key to the settlement agreement was further developing the support services brokerage system, which allowed individuals who were not in residential services to have a large amount of choice in the services they received. Of course there have been some problems, but I think overall the brokerage system has worked well for customers and their families.
BL:聽What are some of the biggest changes since the Staley case?
Wrigley: One of the biggest changes is the lack of a wait list for support services. Another is increased emphasis on self-determination; in other words, customers choosing the services that work best for them. This represents a large change from the historic delivery model, which was much less interested in customer choice in community services.
BL: What changes still need to happen?
Wrigley: One of the biggest problems is that the 鈥渃omprehensive鈥 system for people who live in state-funded homes is less based on self-determination than support services. We have found that many people in group homes or adult foster homes would prefer to live in聽less structured, more home-like environments, but don鈥檛 know how to achieve this. The state is seeking to develop additional, flexible residential options, which may help.
Also, we are concerned that too many adults with developmental disabilities work in segregated 鈥渟heltered workshops鈥 where they perform rote tasks and usually make below minimum wage. The hope is that one day every adult with a developmental disability will have a job in the community, with necessary supports like job coaching, making at least minimum wage.