Home Economy Government Lawsuit filed to protect mental health care for Medicaid-eligible children

Lawsuit filed to protect mental health care for Medicaid-eligible children

Updated at 5:11 p.m.

By

Katie Castellani

-

11/13/2024

qIcqSA6y-6v7fYdjo-LlLmdU6w-p2eAEw4o-9EcP8RiM-PVMYynWF-gceDU78f-svXubYP8-courthouse-1-1 — THE AMERICAN Civil Liberties Union of Rhode Island and other advocacy groups have filed a class action lawsuit against the State alleging Medicaid-eligible children and youth have been denied their right to appropriate mental health care. / COURTESY U.S. DISTRICT COURT

PROVIDENCE – The American Civil Liberties Union of Rhode Island Inc. and other advocacy groups have filed a class action lawsuit against the state alleging Medicaid-eligible children and youth have been denied their right to appropriate mental health care. The lawsuit filed Wednesday in U.S. District Court by ACLU RI along with Disability Rights Rhode

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PROVIDENCE – The American Civil Liberties Union of Rhode Island Inc. and other advocacy groups have filed a class action lawsuit against the state alleging Medicaid-eligible children and youth have been denied their right to appropriate mental health care. The lawsuit filed Wednesday in U.S. District Court by ACLU RI along with Disability Rights Rhode Island and Children’s Rights, comes on behalf of up to 20,000 Medicaid-eligible children younger than 21 who have behavioral health needs that are best served by home and community-based services. However, Rhode Island has lacked enough of those services for years. As a result, the children have often been unnecessarily placed in institutions and held there too long. Steven Brown, executive director of the ACLU of Rhode Island, said the suit is unfortunate but necessary. “Despite their tireless efforts to advocate for their children, parents are too often being left to navigate a fragmented, uncoordinated, and often unresponsive mental health care system that relies on unnecessary and harmful institutionalized care,” Brown said. “We have filed this lawsuit because years of public recognition of the severity of this problem – including recognition from the state itself – have failed to move the needle. The time has come to end this violation of the rights of vulnerable children.” He noted that in 2010 National Coalition for Child Protection Reform called Rhode Island’s institutionalization rate for children among the “worst in the nation and vastly above the national average.” Also, In 2022 the state’s institutionalization rate was 50% higher than the national average and as of August approximately 80 Rhode Island children were placed in out-of-state residential facilities. Some of those facilities as far away as Idaho and several linked to abusive conditions, understaffing and death. Between 2022 and 2024 the number of children placed in out-of-state facilities has risen by 30%. During that time the R.I. Department of Children, Youth and Families spending has grown from $71,380 to $1.98 million, representing a 2000% increase. The lawsuit alleges that the state’s failure to create an adequate behavioral health system for children violates provisions of the Medicaid Act meant to offer kids appropriate health services along with the American with Disabilities Act and the Rehabilitation Act. The advocacy groups are looking to compel the state to provide children with community-based behavioral health services as required under the law. “Despite the urgency and gravity of the mental health crisis our children are facing, the state’s response has been woefully and consistently inadequate,” said Morna Murray, executive director of Disability Rights of Rhode Island. “As a result, hundreds of young people continue to be denied access to the mental and behavioral health services they desperately need and are entitled to under federal law. We brought this lawsuit because the children of Rhode Island can’t wait any longer.” Rebecca Almeida, mother of four children represented in the lawsuit, said her kids have each spent hundreds of days hospitalized. “It has been a living hell trying to get the services my children need,” said Almeida who adopted four of her nine children from DCYF. Each one of the four has been institutionalized several times – including two who were sent to facilities in New Hampshire – meaning they missed out on time with family, friends and in school. “They lost their sense of who they are and where they belong in this world. In addition to their challenges, they should not have to suffer such preventable losses at such young ages,” Almeida said. “My children deserve to be able to stay at home, to enjoy all the many things children should enjoy, and still get the help they need.” A representative for DCYF declined to comment on the litigation. (SUBS last paragraph with DCYF declining comment.) Katie Castellani is a PBN staff writer. You may contact her at Castellani@PBN.com.