An investigation by the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) and the Rhode Island U.S. Attorney's Office found that Rhode Island routinely and needlessly violates federal civil rights laws. Bradley Hospital, an acute psychiatric hospital, segregates children with mental health and/or developmental disabilities. HHS OCR Regional Manager Susan Rose and U.S. Attorney Zachary A. Cunha made the announcement today in Rhode Island, issuing a joint letter of findings and sending it to the Governor of Rhode Island and the Director of the Rhode Island Department of Children and Youth Affairs. . and family (DCYF).
A comprehensive, multi-year federal investigation found that the state kept children admitted to Bradley Hospital and receiving DCYF care for longer than necessary. Although inpatient stays at Bradley Hospital are designed for one to two weeks of acute care, federal investigators have found that children with mental and developmental disabilities in DCYF's care often spend several weeks in the hospital. , concluded that patients are often hospitalized for months or even three years. over 1 year. In these cases, the children remained at Bradley even though they were ready for discharge and could have received more appropriate services in a less restrictive community-based care facility, according to the study. be. This investigation is also the first Olmsted case in OCR's new HHS Olmsted Initiative.
“Today’s discovery follows the Office for Civil Rights’ efforts to strengthen access to care for people with disabilities like these children in Rhode Island,” said HHS OCR Director Melanie Fontes Reiner. Stated. “We must do better for our children and the communities we serve. States and other governments must follow federal civil rights law to ensure that all children receive care without discrimination. As we mark the 25th anniversary of the Olmstead decision, today's action underscores our commitment to continuing to protect the important right of individuals to live in their own homes and communities. There are also things.”
“Children with disabilities should be able to go home with the love and support of their families, not be locked up in institutions for months on end,” said Assistant Attorney General Kristen Clark of the Justice Department's Civil Rights Division. “We will continue to vigorously enforce the ADA to ensure that children with disabilities receive the community-based services they need to live with their families and participate in their communities.”
U.S. Attorney Zachary said, “The state is committing children to psychiatric hospitals instead of actively working to provide them with the community care, supports, and services they need and are required by law.'' The choice I made is nothing short of amazing.” A. Cunha. “We believe the findings we are announcing today will lead to swift action by states to meet their obligations under federal law and, more importantly, to ensure the civil rights of these children are protected. I hope it will encourage you.”
Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Supreme Court's decision in Olmsted v. LC require state and local governments to provide services to people with disabilities. It is mandatory to make it available. Provides the most integrated settings to suit your needs. Enforcement of Title II, Section 504 of the ADA and the Olmsted decision's integration mandate are priorities for the Department of Justice and the Department of Health and Human Services. The federal investigation found that DCYF violated Title II and Section 504 of her ADA by failing to ensure that children with disabilities received the care they needed in the most integrated and appropriate environment. It turns out.
527 people in DCYF's care and custody or voluntarily receiving services through DCYF between January 1, 2017 and September 30, 2022, as detailed in the government's research paper. A child was admitted to Bradley Hospital. Despite the fact that short-term services at Bradley Hospital are designed solely to stabilize children in crisis, 116 of the 527 children admitted to Bradley during the relevant period Her single hospitalization resulted in over 100 consecutive days in the hospital. 42 people were hospitalized for more than 180 days. and seven children were hospitalized for more than a year. Studies have found that prolonged hospitalizations are often traumatic not only for children but also for their families, further exacerbating the effects of violations of federal civil rights laws.
Additional information about the ADA can be found at www.ada.gov or by calling the Department of Justice's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). To learn more about Section 504 of the Rehabilitation Act and how it protects individuals with disabilities, visit https://www.hhs.gov/civil-rights/for-individuals/disability/index.html please.
Individuals who believe their civil rights have been violated may file a complaint with the HHS Office of Civil Rights at www.hhs.gov/civil-rights/filing-a-complaint/index.html. Any Rhode Island resident may report civil rights violations directly to the U.S. Attorney's Office for the District of Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000 can also do.
