Home Industries Health Services State violated civil rights of children with behavioral disabilities, feds find

State violated civil rights of children with behavioral disabilities, feds find

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PBN Staff

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05/13/2024

Zachary A. Cunha — U.S. ATTORNEY FOR Rhode Island Zachary A. Cunha announced Monday that the state was found to be in violation of federal disability laws for the over-hospitalization of children with behavioral disabilities while in its care. / COURTESY ZACHARY A. CUNHA

PROVIDENCE – The state was found to be in violation of federal disability laws for the over-hospitalization of children with behavioral disabilities while in its care, U.S. Attorney for Rhode Island Zachary A. Cunha announced Monday. A federal investigation determined the state violated federal civil rights laws by routinely and unnecessarily segregating children with mental

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PROVIDENCE – The state was found to be in violation of federal disability laws for the over-hospitalization of children with behavioral disabilities while in its care, U.S. Attorney for Rhode Island Zachary A. Cunha announced Monday. A federal investigation determined the state violated federal civil rights laws by routinely and unnecessarily segregating children with mental health and/or developmental disabilities at Bradley Hospital, an acute care psychiatric hospital in East Providence. According to the Letter of Findings sent to Gov. Daniel J. McKee and the director of the R.I. Department of Children, Youth and Families, the multiyear investigation found that the state left the patients hospitalized at Bradley for far longer than necessary rather than complying with its legal obligation to provide services in the most integrated setting appropriate to the needs of these children. “It is nothing short of appalling that the state has chosen to warehouse children in a psychiatric institution, rather than stepping up to provide the community care, support and services that these kids need and that the law requires,” Cunha said. “I am hopeful that the findings we announce today will spur swift action by the state to meet its obligations under federal law, and far more importantly to ensure that the civil rights of these children are upheld.” The investigation found that DCYF failed to ensure that children with disabilities were able to access the intensive in-home and community-based services they need, and failed to facilitate prompt discharges from Bradley Hospital to family homes, resulting in extended and unnecessary hospitalization or risk of future hospitalization. All were in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. From Jan. 1, 2017, through Sept. 30, 2022, 527 children either in DCYF care and custody or receiving services voluntarily through DCYF were admitted to Bradley Hospital. Of these 527, 116 were hospitalized in a single admission for more than 100 consecutive days; 42 were hospitalized for more than 180 days; and seven children were hospitalized for more than one year. Many of those children were subjected to these avoidable and unnecessarily lengthy hospitalizations at Bradley because DCYF failed to provide the community-based services they need. Also, according to the Letter of Findings, DCYF does not plan for hospital discharges in a way that places children in the most integrated setting appropriate to meet their needs. DCYF’s failure to look for placements in a family home setting with services leads both to delayed discharges and to inappropriate placements post-discharge, which, in turn, often leads to subsequent hospitalizations. “Children with disabilities should be able to come home to the love and support of their families and not be confined to an institution for months on end,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue our vigorous enforcement of the ADA to ensure that children with disabilities can receive the community-based services they need to live with their families and participate in their communities.” The joint investigation by the U.S. Attorney’s Office and Human Services Office of Civil Rights was conducted by Assistant U.S. Attorney Amy R. Romero and Equal Opportunity Specialist Erin Walker of the Human Services Office.