PUBLISHED January 20, 2023

On November 2, 2022, the Court in Samantha R. issued an Order requiring the state to meet benchmarks toward serving people with I/DD. The benchmarks include: eliminating the Innovations Waiver waiting list over the next 10 years; serving those who want to move to community settings (or to avoid institutionalization) over the next 8 years; and addressing the Direct Support Provider (DSP) shortage.  

The State has asked the Court to delay the requirements of the Order in Samantha R. In particular, the State asked the Court to delay the requirement to provide community-based services to those who want them as an alternative to institutionalization, and the requirement to reduce the Innovations Waiver waiting list.

DRNC opposed the State’s motion because of the need for the additional Waiver slots, and the needs of the disabled people who, during the legal process of the state’s appeal, would otherwise receive services in the community as a result of the Order.

Below you can read the briefs submitted by the parties.

Brief in Support of Motion to Stay

Response to Motion to Stay

The hearing was held February 3, 2023. Read Lynn Bonner’s coverage in The Pulse: State wants to suspend court order for disability services and housing while it appeals. 

Feb. 10 update

If you require accessible versions of the above PDFs, please contact Jen Andrew, communications coordinator at