The U.S. Department of Justice has launched an investigation into how Illinois treats people with developmental disabilities. The inquiry will look into whether the state provides enough resources for people to live in the community and whether it protects them from harm in state-run institutions.
Tonya Piephoff, who heads the Illinois Department of Human Services Division of Developmental Disabilities, informed her staff about the investigation last week in a letter that Capitol News Illinois obtained. The letter states that the investigation will examine whether the state is forcing adults with intellectual and developmental disabilities into institutions or putting them at serious risk of being institutionalized.
The investigation will also look into abuse and neglect claims at three developmental centres in Illinois: Choate, Jack Mabley, and Samuel Shapiro. These three are among seven state-run institutions managed by the Department of Human Services.
Illinois has long had one of the largest populations of people with intellectual disabilities living in state-run institutions in the country. Choate is located in Anna, in southern Illinois; Mabley is in Dixon, a small town in the northern part of the state; and Shapiro is in Kankakee, about 60 miles south of Chicago.
Gov. JB Pritzker’s office declined to comment on the investigation. The Department of Justice also did not respond to requests for comment.
This investigation is expected to be much broader than a previous one from the Department of Justice. It will review how Illinois provides services to all people with intellectual or developmental disabilities, whether they live in institutions or the community.
The DOJ investigated Choate in 2007 and released a report in 2009. The report found that the facility had failed to properly plan for residents who wanted to transition into community living, did not protect residents from abuse and neglect, and failed to meet their health, education, and treatment needs. The DOJ ended its monitoring of Choate in 2013.
In 2022, Capitol News Illinois and ProPublica began an investigative series on Choate after multiple staff members were arrested for abuse and neglect of residents. Their reporting uncovered disturbing instances of staff members beating, choking, whipping, sexually assaulting, and humiliating residents. There were reports of staff beating a man with intellectual disabilities for not pulling up his pants and verbally threatening to break the finger of another resident.
The investigation also exposed a culture of covering up abuse at the facility, which was later confirmed by the Department of Human Services’ Office of Inspector General, the agency that investigates abuse and neglect in state-run institutions.
Although the problems at Choate were similar to those highlighted in the DOJ’s 2009 report, no federal intervention has occurred until now.
In response to the reports of abuse, Pritzker described the situation as “awful” and “deeply concerning.” The state agency promised to make changes at Choate, which housed nearly 230 residents at the time. However, as more stories about abuse continued to emerge, Pritzker and the leadership team at the Department of Human Services decided to move at least half of Choate’s residents to other facilities. The plan was to move some residents into community placements while others would be transferred to one of the six other state-run facilities.
Despite the state’s promises, a legal advocacy group called Equip for Equality found in December that the state had failed to keep its commitments. Many Choate residents ended up in other institutions rather than community settings, as initially promised.
Long waiting times, a lack of community-based providers, and decisions made by guardians instead of the individuals themselves slowed the transition. Equip for Equality’s report said that while the state had made some improvements, much more effort and resources were needed to create real community living options for people with developmental disabilities.
Andrea Rizor, an attorney with Equip for Equality, expressed hope that the DOJ’s investigation would highlight the outdated system that continues to serve people with developmental disabilities in institutions. She added that the investigation could bring the expertise and resources needed to make community living a true option for people with disabilities.
Reports of abuse and neglect at Choate and other state-run facilities have continued to rise. In December 2024, the Office of Inspector General revealed that it had received over 15,000 complaints, a 24% increase from the previous year and an 80% increase since 2020. Despite hiring more staff, the office still lacks the necessary resources to handle the growing caseload efficiently.
The U.S. Supreme Court ruled in 1999 that confining people with disabilities to state institutions was discriminatory. In the landmark case Olmstead v. L.C., the court decided that individuals with mental disabilities should be placed in community settings if they are medically cleared and express a desire to live outside a facility.
In 2011, a federal judge placed Illinois under a consent decree for failing to provide the necessary services to allow people with disabilities to live in the community. The state agreed to improve services as part of the settlement of a lawsuit filed 20 years ago.
Two years after Pritzker’s announcement that 123 residents would be moved out of Choate, only 81 have left the facility, with more than half being relocated to other state-run institutions. Additionally, there are still 111 people at Choate living in specialized units that were not part of the transitional plan.
Last year, Illinois asked a judge to end federal oversight, arguing that it had fulfilled its promises. However, a federal judge rejected the request, stating that Illinois still had work to do.
The current administration has pointed to a budget impasse during the previous administration as one reason the state failed to create enough group home placements, especially for people in crisis or those with higher behavioural or medical needs.
State Senator Terri Bryant, a Republican from southern Illinois whose district is near Choate, said she was informed about the investigation a few days ago. She expressed support for the investigation, stating that monitoring vulnerable citizens is always welcome.
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