Last argument heard in Utah disability trial

Closing arguments were heard Thursday in a federal bench trial over a state list of some 1,700 families who are waiting for home-based assistance for the mentally disabled, some of whom have waited three to 10 years.

The Disability Law Center filed a federal suit against the state, claiming that the state has been slow to act in providing assistance to family members who decide to care for mentally disabled relatives rather than institutionalizing them.

Robert Denton, attorney for the Disability Law Center, said Utah needs to make a commitment to relieve a situation where only those who are on the critical edge of being institutionalized get help. "Families suffer," Denton said, pointing out that caring for someone who is mentally disabled is a significant financial and emotional burden that damages marriages and other relationships. Some have been on the waiting list for years, despite the state classifying them as qualifying for the help.

"There has to be more of an effort, there has to be a more well-drawn-out plan," Denton said.

Advocates pointed to states such as New Mexico, Vermont and Oregon, which have succeeded in reducing the waiting period for state assistance. But assistant Utah Attorney General Craig Barlow pointed out that Oregon's original five-year plan to solve their waiting list problem was modified in 2004 to an 11-year plan. Barlow also pointed out that Utah has served more than 1,300 people over the past five years, a rate better than Oregon. "We serve a lot of people and we serve them at a reasonable rate," Barlow said.

The state claims it does the best that it can with what funds are given by the Utah Legislature.

U.S. District Judge Dale Kimball said he would try to issue a written ruling before the end of February. That's before the end of the legislative session, where disability advocates are lobbying for more funding for home-based care. Both state officials and advocates have agreed that having families taking care of their disabled relatives is better than institutionalization. State officials say it's a matter of funding.

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