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The Justice Department has found that South Dakota is in violation of the Americans with Disabilities Act. In a letter sent to Governor Dennis Daugaard yesterday, the DOJ says the state illegally funnels people with disabilities into nursing homes instead of providing them with community or home-based care.
The investigation is part of a push by the Obama Administration to enforce a 1999 Supreme Court ruling. In Olmstead vs L.C., the court upheld the right of people with disabilities to not be segregated into nursing homes unless medically necessary.
Here, The Takeaway speaks to Tim Neyhart, the executive director of South Dakota Advocacy Services, which has a mandate from South Dakota's governor to provide protection and advocacy for people with disabilities.