Current best practices have advanced to embrace person-centered practices that are assist people in their integration in all aspects of community life. This is true for all persons, including persons with disabilities. Consistent with these advancements, the Minnesota Department of Human Services agreed in a landmark settlement agreement to ensure that all of its licensed services incorporate positive support strategies.
Shortly thereafter, the Minnesota State Legislature formalized this promise in a statute directing the Department to require positive support strategies in its licensed services.
Minnesota Statutes Chapter 245 D
In 2012, the legislature adopted Minnesota Statutes, chapter 245D, replacing law that previously governed home and community-based services. In regards to positive supports, chapter 245D did two things: first, it established prohibitions and limits on the use of aversive and deprivation procedures, including mechanical restraint, seclusion, chemical restraint, time out and programmatic use of manual restraint; and second, it required the use of positive support strategies.
Positive Supports Rule
To fulfill the settlement agreement obligations and legislative directives, the Department also proposed a rule to govern positive support strategies for all licensed settings and services and, for providers not already governed by chapter 245D, applies the prohibitions and limits of that chapter to those non-245D licensed services.
Minnesota Olmstead Plan
The United States Supreme court ruled that the Americans with Disabilities Act (ADA) requires states provide services to people with disabilities in the “most integrated settings” appropriate to their needs. An Olmstead Plan is provides a way for a state to outline a clear plan of action to ensure that people with disabilities are able to live in integrated community settings.
The Minnesota Olmstead Plan was developed as part of a settlement agreement related to the Jensen et al v. Minnesota Department of Human Services, et al. Court File No. 09-cv-1775. A Minnesota Olmstead subcabinet committee was formed in 2013 to oversee implementation of this plan