COLUMBIA, S.C. — The United States Justice Department filed a lawsuit on Monday against South Carolina for allegedly violating the Americans with Disabilities Act (ADA).

According to the suit, South Carolina “unnecessarily” segregated adults with mental illnesses in Community Residential Care Facilities (CRCFs), or adult care homes, which also violates the Supreme Court decision in Olmstead v. L.C.

“The ADA requires public entities to administer services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “South Carolina must remedy the alleged violations identified by the Justice Department so that these individuals can obtain services in their own communities, as required by the Americans with Disabilities Act.”

In July 2023, the DOJ released an investigation report into the state’s use of adult care homes to serve adults with serious mental illnesses.

The report found that adult care homes offered “limited choice and independence” and rarely allowed certain patients to engage with the broader community. “Residents typically live with roommates they did not choose, have meals with set menus at set times, and only leave the facilities occasionally,” the investigation reads.

There are approximately 2,000 people with a serious mental illness residing in CRCFs in South Carolina, according to the investigation.

 “People with disabilities in South Carolina can and must be able to receive services in their own homes, rather than being isolated in institutions,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to ensure that people with disabilities can receive the services necessary to enable and empower them to leave institutions, and participate fully in community life.”