Illinois Cannot Use State Developmental Centers for Crisis Placements Under Ligas Decree, Judge Rules

CHICAGO (LN) — U.S. District Judge Sharon Johnson Coleman ruled Wednesday that the Ligas consent decree prohibits the state of Illinois from using state-operated developmental centers for interim crisis placements of class members with intellectual and developmental disabilities.

The ruling resolves a dispute over Paragraph 21 of the decree, which addresses individuals in crisis. The decree allows for community-based services or placement in intermediate care facilities for individuals with developmental disabilities, but does not mention state-operated developmental centers.

In August 2024, the court ordered the parties to brief whether using state-operated developmental centers for crisis placements violated the decree. In October 2024, both sides confirmed a shared understanding that such placements constituted a violation.

However, in January 2026, the state argued the decree does not explicitly prohibit such placements. The state claimed the decree’s reference to intermediate care facilities was illustrative, not exhaustive.

Plaintiffs argued the state’s new position contradicted its earlier concession. They said the decree’s language clearly limits crisis placements to community-based settings or intermediate care facilities.

Judge Coleman rejected the state’s interpretation. She said the decree’s list of permissible placements was narrow and suggested state-operated facilities were outside the scope of Paragraph 21.

The judge noted the parties were aware of state-operated developmental centers when negotiating the decree. She said their deliberate exclusion of permissible placements indicated an intent to prohibit them.

The ruling does not address whether the state has substantially complied with the decree regarding these placements. The court will later determine how many such placements are allowed while still meeting the substantial compliance standard for decree termination.

The state must now track and account for all emergency placements in state-operated developmental centers, whether required by court order, guardian request, or as an alternative to homelessness.

The Ligas class consists of adults in Illinois with intellectual and developmental disabilities. The decree aims to ensure they receive appropriate community-based services.

In filings, the state cited its FY26 Implementation Plan, which showed it placed six class members in crisis in state-operated developmental centers. Over 85% of all individuals in crisis were placed in the community.

Judge Coleman’s ruling allows the parties to finalize the multi-year FY26 Implementation Plan. It also moves the case closer to a point where the consent decree may no longer be necessary.

The Ligas case has been ongoing since 2005. It involves allegations that Illinois failed to provide adequate community-based services to individuals with intellectual and developmental disabilities.

The state has argued that perfect compliance is not required, only substantial compliance. However, the judge said the current ruling is based on the plain language of the decree, not the substantial compliance standard.

The state must now adjust its practices to comply with the decree’s terms regarding crisis placements. This may require increased capacity for community-based services and intermediate care facilities.

The case continues to monitor the state’s compliance with the decree. The next step is a determination of whether the state has substantially complied with the decree’s requirements.