Tinder v. Department of Public Aid

In Tinder v. Department of Public Aid, 346 Ill. App. 3d 510, 805 N.E.2d 677, 282 Ill. Dec. 58 (2004), the appellate court held that the plaintiff was considered developmentally disabled pursuant to Illinois law because he had a disability attributable to cerebral palsy which manifested itself before age 22 and was likely to continue indefinitely and because both parties agreed that the plaintiff suffered substantial limitations in four major life activities. Tinder, 346 Ill. App. 3d at 513-14. The court held: "The regulation (89 Ill. Adm. Code 140.642 (eff. September 5, 2003)) does not include a requirement that the applicant be a candidate for active treatment." Tinder, 346 Ill. App. 3d at 514. Accordingly, the court held that because the plaintiff was considered developmentally disabled pursuant to Illinois statute and regulations and because he was not required to demonstrate a need for active treatment, the plaintiff should not have been denied admission into the CILA program. Tinder, 346 Ill. App. 3d at 514.