Xavier Becerra, Secretary and Deputy Secretary & Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/xavier-becerra.html https://www.hhs.gov/about/leadership/andrea-palm.html
A joint investigation by the United States Department of Health and Human Services Office for Civil Rights (HHS OCR) and the United States Attorney’s Office for the District of Rhode Island has determined that the State of Rhode Island violated federal civil rights laws. The state was found to have unnecessarily segregated children with mental health and/or developmental disabilities at Bradley Hospital, an acute-care psychiatric hospital. The announcement was made by HHS OCR Regional Manager Susan Rhodes and United States Attorney Zachary A. Cunha.
The multi-year investigation revealed that children in the care of the Rhode Island Department of Children, Youth, and Families (DCYF) were hospitalized at Bradley for extended periods, far beyond what was necessary. While Bradley Hospital's inpatient admissions are designed for acute care lasting one to two weeks, investigators found that children in DCYF’s care often stayed in the hospital for weeks or months, and sometimes over a year.
The investigation concluded that these children remained at Bradley even though they were ready for discharge and would have been better served in less restrictive, community-based care settings. This marks the first Olmstead case out of OCR’s new HHS Olmstead Initiative.
“Today’s finding follows on the heels of 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 Rainer.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division added, “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.”
U.S. Attorney Zachary A. Cunha expressed his disappointment with the state's actions: “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."
Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Supreme Court’s ruling in Olmstead v. L.C. require state and local governments to make services available to people with disabilities in the most integrated setting appropriate to their needs. The investigation found that DCYF violated these laws by failing to ensure that children with disabilities could access care in the most suitable setting.
The government’s Letter of Findings detailed that from January 1, 2017, through September 30, 2022, 527 children either in DCYF care and custody or receiving services voluntarily through DCYF were admitted to Bradley Hospital. Of these children, 116 were hospitalized for more than 100 consecutive days; 42 for more than 180 days; and seven for over a year. The investigation concluded that such extended hospitalization often traumatizes both the children and their families.
