
by James C. Sherlock
This will be the first of a series of reports on the scandalous failures of the Virginia Department of Behavioral Health and Developmental Services (DBHDS) in its stewardship of Virginiaโs compliance with the Americans with Disabilities Act (ADA) in matters affecting the safety and health of people with intellectual and developmental disabilities (IDD).
The programs that started in 1991 in response to the ADA serve more Virginians daily than Virginiaโs nursing homes do.
Virginia and DBHDS have been subject to a series of federal court orders aimed at improving compliance with the ADA in these programs, beginning with a 2012 settlement agreement. DOJ returned to court to seek enforcement with performance measures in 2020. Settlement-compliant Virginia regulations were enacted that same year. A permanent injunction in 2025 dissolved the settlement agreement and required compliance with the performance measures going forward. Failure continues today.
Readers will see three pieces of evidence against DBHDS and thus the Commonwealth:
- a Fiscal Impact Statement for a bill currently before the General Assembly that reports what DBHDS does not currently do;
- a December 2025 report on unexplained deaths in the system by the disAbility Law Center of Virginia; and
- A report issued that same month by the court-appointed federal monitor showed that, after 14 years since the settlement agreement, DBHDS has met the specified goals for just three of the Consent Decree and Permanent Injunctionโs 29 Terms. And that report did not even mention the deaths or the failures to levy sanctions.
The overwhelming impression is malfeasance. The author has no other idea how these things can be true. The scope and details of the betrayal of the court orders, the IDD community, and taxpayers portrayed below are stunning.
Finally, the bill for these programs has been paid entirely by Medicaid since 1991. Most of Medicaid money comes from the federal government. Virginia Medicaidโs stewardship of those funds is clearly in question.
The author expects the Commonwealth to be summoned to federal court in Richmond for violating the injunction. The Attorney General will have to defend. He is also responsible for investigating Medicaid fraud. In this case, it is hard to see how he can do both.
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