About the Lawsuit:
In January 2000, five individuals with developmental disabilities and their families filed a lawsuit against the state of Oregon.They claimed they were unfairly being denied access to services they were entitled to receive. Staley v. Kitzhaber became a class action representing over 3,000 Oregonians with developmental disabilities. A settlement was reached in September 2000 and the Oregon Legislature made available $37 million general fund dollars for the first biennium of funding. Implementation of the Staley v. Kitzhaber settlement agreement began July 1, 2001. Full implementation is expected to continue through 2007.
 The settlement agreement is intended to eliminate or significantly reduce the number of individuals with developmental disabilities waiting for services by increasing the availability of comprehensive services on a non-crisis basis and providing Self Directed Support Services for Adults for all eligible individuals.
Comprehensive services are either supports costing over $20,000 per year or 24-hour supports such as foster care or group homes. Comprehensive services will be provided to 50 individuals a year who are not in crisis. Access to 24-hour services will continue to be available to individuals who are in crisis. Support services will be available to any eligible individual and must cost under $20,000 per year.
Services must be based on needs and desires of the individual and, if appropriate, the family as determined through a person centered planning process. The person centered planning process is designed to assist individuals and their families to determine and oversee the supports that they need to live the lives that they choose. Services must be based on the principles of self determination.
About the Planning Process
Representatives of the Office of Developmental Disabilities Services, local county DD Program Managers, providers, advocates, parents, self advocates, and other stakeholders have participated in a planning process to create the system of services for Self Directed Support Services for Adults. The DD Planning Committee ( formerly the UA Planning Committee ) has participated in writing the new Medicaid Home and Community Based waivers;
- writing the new Medicaid Home and Community Based waivers;
- identifying responsibilities for brokerages and service delivery entities;
- creating service level criteria;
- identifying training and technical assistance needs; and
- writing and revising rules for the new services.
About the Services
"Self Directed Support Services for Adults" means that every eligible adult Oregonian 18 and older who has a developmental disability can have access to some support services. The program is based on these self-determination principles:
- Everyone should have the freedom to plan a life with support,
- Everyone should have the authority to control support dollars,
- Everyone should have support to be involved in the community, and
- Everyone should have responsibility for the use of public funds.
Who is eligible for the program?
To be eligible a person must be an Oregonian resident, must be 18 or older, must meet the
definition of developmental disability
under Oregon law, and must not already be receiving comprehensive services from the state such as living in a group home or in foster care, or getting supported living services. Contact your county DD office to determine your eligibility. Click on County DD Program Offices to locate the contact information for your county.
What can an eligible person receive?
Everyone who is eligible for services is entitled to receive assistance with planning, support and funding. Assistance with planning mean a Personal Agent will help people identify the services and supports they need to live at home and to be active members of their community.
Assistance with support means a Personal Agent can also help people:
- get the support they may need based on their plans,
- coordinate the activities and supports identified in their plans, and
- hire and manage the people who provide their support.
Some examples of supports that people may use are;
- personal care
- help getting a job
- job coaching
- support staff in the home and in the community
- behavior consultation
- respite care
- special equipment
- transportation, and a variety of other services
Assistance with funding means that Personal Agents will help people develop budgets for their plans. Personal Agents will also help people coordinate private funds, other resources and public funds to get support services.
When is the program available in my area?
Self Directed Support Services for Adults
will begin at different times in different areas throughout the state. Specific information about this "roll-out" of services will be available in late 2001.
For more information:
Continue to check this Self Directed Support Services for Adults page on The Arc of Oregon web site. You can also contact The Arc of Oregon at info@arcoregon.org to be added to the eGroup listserve and remain updated on Self Directed Support Services for Adults information as it is posted or contact the information line at 1-800-336-8208.
Definition of developmental disability Back to paragraph
Development Disability means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy, or other neurological handicapping condition that requires training or support similar to that required by individuals with mental retardation, and the disability:
Originates before the individual attains the age of 22 years, except that in the case of mental retardation the condition must be manifested before the age of 18; and
Has continued, or can be expected to continue, indefinitely; and
Constitutes a substantial handicap to the ability of the person to function
in society; or
Results in significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period. Individuals of borderline intelligence may be considered to have mental retardation if there is also serious impairment of adaptive behavior.
Definitions and classifications shall be consistent with the "Manual of Terminology Classification in Mental Retardation" by the American Association on Mental Deficiency, 1977 Revision. Mental retardation is synonymous with mental deficiency.
To be added to the Self Directed Support Services for Adults list, email info@arcoregon.org
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