July 18 (UPI) — The State of Florida is violating children’s rights by forcing those with serious and often complex medical conditions to be institutionalized in nursing facilities, a court ruled Friday.
The U.S. District Court for the Southern District of Florida found the state placed some children at serious risk of unnecessary institutionalization while keeping others unnecessarily institutionalized, according to the ruling.
Friday’s ruling comes after a two-week bench trial in May that saw several experts and family members take the stand pleading for the release of children currently held in nursing facilities.
“The court’s decision, coming after nearly a decade of litigation, marks a major turning point in the treatment of children with disabilities in Florida and vindicates their right to community integration,” the U.S. Department of Justice said in a statement Tuesday.
Parents overwhelmingly wanted to bring their children home from the institutions but could not secure necessary help at home away from the facilities.
“I was scared, and I didn’t feel like I had a choice. I felt like there was no choice,” parent Heather Patten testified about her toddler son during the trial.
About 140 children with different disabilities are living in three pediatric nursing facilities throughout the state. A shortfall of accessible specialized services puts around 1,800 more of them at risk of entering those same institutions, according to the Justice Department.
“This important ruling will help Florida families of disabled children keep and care for their children at home by requiring increased access to medical support and services,” U.S. Attorney Markenzy Lapointe said in a statement.
The lawsuit itself accused the state’s policies of violating the Americans with Disabilities Act, forcing children with disabilities to grow up in facilities, separated from their families.
The ruling requires Florida to ensure children with complex medical needs can access essential services in their own communities.
“This is a momentous decision impacting hundreds of vulnerable children and their families,” Assistant Attorney General Kristen Clarke 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. The Civil Rights Division is strongly committed to ensuring that people with disabilities are not isolated from society but are fully integrated into their communities.”
