A new Department of Justice memo is raising serious concerns among disability advocates and families who rely on community-based services and supports.
As reported by NPR, the memo challenges a long-standing understanding of disability civil rights law: that people with disabilities have the right to receive services in the most integrated setting appropriate to their needs. For many families, that principle is not abstract. It is connected to where a person lives, goes to school, receives support, builds relationships, and participates in everyday community life.
The issue centers on Olmstead v. L.C., a 1999 U.S. Supreme Court decision often described as one of the most important disability rights rulings in American history. The decision found that unjustified segregation of people with disabilities can be a form of discrimination under the Americans with Disabilities Act. In practice, Olmstead has helped support the idea that people with disabilities should not be unnecessarily placed in institutions when they can live, learn, work, and receive services in their communities with appropriate supports.
The new DOJ memo takes a narrower view. It argues that the ADA and Section 504 of the Rehabilitation Act do not require states to provide services in the most integrated setting. Disability rights advocates worry that this position could weaken federal enforcement of protections that help people with disabilities avoid unnecessary institutionalization.
It is important for families to know that the memo does not overturn Olmstead. A memo is not the same as a Supreme Court decision, and the ADA and Section 504 remain law. However, the memo may signal a shift in how the federal government interprets or enforces these protections. That could make advocacy more complicated for people with disabilities, families, and the organizations that support them.
For children and young adults with disabilities, the broader concern is about access to inclusive lives. Community-based supports can affect housing, health care, school participation, employment, transportation, respite, behavioral health services, and family stability. When those supports are limited or harder to access, families may face more pressure, fewer choices, and greater risk of separation from their communities.
Families can take a few practical steps:
Stay informed. Changes in federal guidance, enforcement priorities, or state policy may affect services over time.
Keep records. Save care plans, evaluations, school documents, service denials, notices, and communication with agencies or providers.
Ask questions in writing. If services are reduced, delayed, or denied, ask for the reason, the policy behind the decision, and appeal rights.
Know that rights still exist. The ADA, Section 504, IDEA, Medicaid protections, and state-level disability rights systems may still apply depending on the situation.
Reach out for help early. Families do not have to navigate complex systems alone.
Encircle Families will continue to follow developments and share information that helps families understand what is changing, what remains in place, and where to turn for support.
Source: NPR, “Justice Department memo challenges disability civil rights protections against institutionalization,” June 20, 2026.
