The United States Attorney's Office, in conjunction with 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 addresses findings from May 2024 that Rhode Island's segregation of children with behavioral health disabilities in a psychiatric hospital violates federal civil rights laws. The decree, filed in U.S. District Court along with a civil complaint, mandates community-based services for these children to remain at home while receiving necessary care. Compliance will be overseen by a court-appointed monitor and a federal judge.

U.S. Attorney Zachary A. Cunha stated, "No child deserves to be isolated indefinitely in a locked psychiatric facility when their condition can be treated at home or in a community setting." He added that the consent decree is an enforceable step toward improving care for children with behavioral disabilities and commended Rhode Island for resolving this matter.

Assistant Attorney General Kristen Clarke emphasized the importance of family environments for children's growth: "A child should grow up surrounded by family and loved ones, not in an institution." She noted that the consent decree aligns with the Americans with Disabilities Act’s integration mandate.

OCR Director Melanie Fontes Rainer remarked on the significance of accessing needed care without discrimination: "Every child – and every person – deserves to access critically needed care, free from discrimination." She acknowledged Rhode Island's commitment to resolving these issues.

The complaint alleges that Rhode Island failed to provide intensive in-home and community-based services, resulting in extended hospitalizations contrary to Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The U.S. Supreme Court's decision in Olmstead v. L.C. requires public entities to provide services at home when feasible.

Under the proposed decree, Rhode Island agrees to assist children hospitalized at Bradley Hospital transition to family settings if appropriate, improve service planning and coordination, enhance access to intensive in-home services, address shortages of therapeutic foster care families and providers, provide mobile crisis interventions promptly, and monitor service outcomes.

This case is being handled by Assistant United States Attorney Amy R. Romero with support from HHS Equal Opportunity Specialist Erin Walker.

Further information about disability rights under ADA can be found at www.ada.gov or through DOJ’s toll-free line at 800-514-0301 or 800-514-0383 (TDD). Details on Section 504 protections are available at https://www.hhs.gov/civil-rights/for-individuals/disability/index.html. Information on OCR’s Olmstead activities can be accessed via https://www.hhs.gov/civil-rights/for-individuals/special-topics/community-living-and-olmstead/index.html.

Individuals believing their civil rights have been violated may file complaints with OCR at www.hhs.gov/civil-rights/filing-a-complaint/index.html or report directly to the U.S. Attorney’s Office for Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or call 401-709-5000.