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Advocacy Guide: Part 3

Protections for Ricci Class Members and non-Class Members

This third section of this Advocacy Guide is intended to give family members and guardians insight into the protections that state and federal regulations provide to ensure adequate supports and services for persons within the DMR system. It is intended for family members and guardians of persons who have been determined to be eligible for DMR services. If your ward or family member has not yet been determined to be eligible, please see Section 2 on Getting Services (Determining Your Eligibility).

This section is also intended to supplement Section 1 on Advocating Effectively on Behalf of Your Family Members and Wards. It should also be read in conjunction with Sections 4 and 5 on Individual Support Plans and Guardianship.

NOTE: There are numerous DMR regulations cited throughout this guide in order to best assist you in your advocacy efforts. Be aware, however, that regulations are subject to change by DMR and regulatory citations can become outdated. We will strive to keep this guide as up to date as possible.

The full text of all DMR regulations can be found on the DMR website at www.mass.gov/dmr/.

Protections for persons with Ricci Class Member status:

If your ward or family member is a Class Member in the Ricci V. Okin lawsuit, he or she enjoys some of the most comprehensive protections for supports and services available under the DMR system.

In 1993, U.S. District Court Judge Joseph Tauro disengaged from his oversight of the Department of Mental Retardation, stemming from Ricci v. Okin. The landmark lawsuit brought about significant improvements in the care of the mentally retarded throughout the DMR system in Massachusetts, and, in particular, in the remaining large, state-operated facilities housing some of the state's most severely and profoundly retarded citizens.

In disengaging from the case, Tauro issued an order that resulted in lasting protections for Ricci Class Members. According to a DMR Class Member handbook, Judge Tauro's 1993 order applies to anyone identified as a class member in DMR's Class Identification List as of April 30, 1993, regardless of where the person now lives. Those listed are people who were residents of the state facilities on or after the following dates: Belchertown (2/7/72); Dever (12/17/75); Fernald (7/23/74); Monson (9/17/75); and Wrentham 12/4/75). These are the dates the original lawsuits were filed.

DMR regulations further state that if, after April 30, 1993, someone lives at one of the state facilities for more than 30 consecutive days, or for more than 60 days during any twelve-month period, that person would also become a class member. (115 CMR 6.05)

Judge Tauro's order stated that each class member, "on a lifetime basis," has a right to have the state