The United States Attorney's Office, alongside the Department of Health and Human Services Office of Civil Rights (HHS OCR), has reached a proposed consent decree with the State of Rhode Island. This agreement aims to address violations found in May 2024 regarding the segregation of children with behavioral health disabilities in psychiatric hospitals, which was deemed a breach of federal civil rights laws.
The consent decree, submitted to the U.S. District Court along with a civil complaint, mandates that Rhode Island provide community-based services for these children. This would enable them to remain in their homes while receiving necessary care. The implementation will be overseen by a court-appointed monitor and a federal judge.
U.S. Attorney Zachary A. Cunha emphasized the importance of treating children at home or in community settings rather than isolating them indefinitely in psychiatric facilities. He stated, "Our kids, our families, and our communities deserve – and the law demands - better than that." Cunha acknowledged that while this decree won't completely fix the system, it is a significant step towards providing appropriate care.
Assistant Attorney General Kristen Clarke highlighted that children should grow up with family support rather than institutionalization. She remarked, "This consent decree will provide children with disabilities the services they need to live and grow at home."
Melanie Fontes Rainer from HHS OCR expressed optimism about Rhode Island's commitment to resolving these issues, reinforcing efforts to ensure people with disabilities receive services within their communities.
The complaint alleges that Rhode Island failed to provide adequate access to necessary services for disabled children and did not facilitate timely discharges from Bradley Hospital. These actions were seen as violations under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
Under this agreement, Rhode Island will assist hospitalized children in transitioning back home if feasible, improve service planning and coordination for recently hospitalized children, enhance access to intensive in-home services, address shortages in therapeutic foster care providers, provide prompt crisis interventions, and monitor service outcomes.
The state cooperated with federal authorities to resolve these issues without litigation. Assistant United States Attorney Amy R. Romero is handling this case with support from HHS Equal Opportunity Specialist Erin Walker.
For more information on disability rights or filing complaints regarding civil rights violations, resources are available through various government websites provided by ADA and HHS OCR.