FL Violated ADA By Institutionalizing Kids With Disabilities: DOJ

FLORIDA — After nearly a decade of litigation, a court this week found that Florida violated federal law by unnecessarily institutionalizing children with disabilities and other complex medical needs.

The Southern District of Florida ruling following a two-week bench trial determined the state violated the Americans with Disabilities Act. The decision marked a significant turning point in the state regarding the treatment of children with disabilities and their right to live and receive treatment in their communities, according to a U.S. Department of Justice release.

"This is a momentous decision impacting hundreds of vulnerable children and their families," Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement. "The court's ruling sends a clear message that children with complex medical needs deserve to grow up with the love and support of their families and should not be confined to nursing facilities where they are stripped apart from their communities."

About 140 children with disabilities are currently housed in three pediatric nursing facilities across Florida, according to the Department of Justice. Prosecutors said that more are at risk of being institutionalized due to a shortage of services, including home nursing care.

Under the ADA and following Olmstead v. L.C., a 1999 decision in which the U.S. Supreme Court ruled that segregating people with disabilities constituted discrimination, Florida was required to serve children in their homes so long as it was appropriate to their needs and their parents did not oppose it.

A lawsuit filed against Florida by the Department of Justice challenged Florida's policies and claimed the state violated the ADA and unnecessarily separated kids from their parents, friends, and communities, according to prosecutors.

During the trial, testimony by parents said they wanted their children to live at home but felt they weren't given meaningful options other than institutional placement.

The court also heard from families who struggled to keep their children at home despite a lack of services and others who had no choice but to place their children in nursing homes because the state did not provide the help they needed.

According to the Department of Justice, parent Martin Carrizales testified that the state told him his teenage stepson would be put in a home, and he would not be able to take care of him.

"That is not what I wanted for him," Carrizales said.

Heather Patten testified about having to place her son in a nursing home when he was a toddler, according to a release.

"I was scared, and I didn't feel like I had a choice," she said. "I felt like there was no choice."

Following the trial, the court ordered the state of Florida to develop a transition plan for institutionalized children and to include families in the process so they can help decide where their children live. The state must also take steps to ensure kids and their parents can access the services they need at home and in their communities.