SAN JOSE-A groundbreaking settlement that will benefit seniors with disabilities throughout California-represented by attorneys from Public Interest Law Firm and the law firm of Simpson Thacher & Bartlett LLP-was filed with the Superior Court today. The settlement will remove a regulatory barrier imposed by the State of California's Department of Social Services that has prevented seniors with mental health disabilities from accessing or remaining in housing that is best suited to their needs.

The suit filed by the non-profit California Association of Mental Health Patients' Rights Advocates alleged that the State's regulation barring people over 59 years of age from being admitted to Adult Residential Facilities discriminated against individuals with mental health disabilities whose needs would be best served in those facilities. The complaint alleged that this discriminatory regulation forced seniors with mental disabilities to languish in housing environments-including locked facilities-that were not suited to their health needs. The complaint further alleged that the regulation, as implemented by state employees, forced seniors with mental health disabilities to face eviction from homes that had met their critical residential care needs for years.

Jim Raphael, President of the California Association of Mental Health Patients' Rights Advocates, said that "Not all individuals who are 60 or over need care in a Residential Care Facility for the Elderly. In fact, some of our clients who faced being forced into care homes for the elderly were at high risk of transfer trauma or emotional decompensation because of the lack of social interaction in such homes."

The State denied the allegations of illegal conduct but agreed to settle the lawsuit and amend the regulation in question to remove the language that gave rise to the suit. As part of the settlement, the State agreed to adopt policies that will assure its compliance with the new regulation, including notice and training to DSS staff and licensees. "After more than two years of litigation, we believe the defendants came to understand that the regulation was harmful to residents of the state and needed to be changed," stated Patrick King of Simpson Thacher & Bartlett LLP. "We were able to work with opposing counsel and committed employees from California's Department of Social Services to craft a settlement that protects and respects the needs of elderly adults with mental health disabilities."

"This settlement will assure that seniors with disabilities will not be denied the housing that's best suited to their needs," said PILF directing attorney Kyra Kazantzis. "It's a common-sense solution to a policy that was causing harm to too many of California's most vulnerable residents."