Attachments

20240514-170153-n-fed bradley hospital 5-13-24.pdf

PROVIDENCE — The State of Rhode Island and Bradley Hospital are being accused of violating federal civil rights laws following an investigation by the United States Attorney’s Office for the District of Rhode Island and the United States Department of Health and Human Services Office of Civil Rights (HHS OCR), United States Attorney Zachary A. Cunha and HHS OCR Director Melanie Fontes Rainer announced Monday, May 13.

Via both a press release and news conference, the federal authorities charge the state and Bradley, described as an "acute-care psychiatric hospital," of routinely and unnecessarily segregating children with mental health and/or developmental disabilities.

“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, and that the law requires,” said Cunha. “I am hopeful that the findings we announce today will spur swift action by the state to meet its obligations under federal law, and far more importantly, to ensure that the civil rights of these children are upheld.”

Added Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, “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. We will continue our vigorous enforcement of the ADA to ensure that children with disabilities can receive the community-based services they need to live with their families and participate in their communities.”

As detailed in a Letter of Findings (see attached) transmitted to Governor Dan McKee and the Director of the Rhode Island Department of Children, Youth and Families (DCYF), the federal government’s comprehensive, multi-year investigation found that, rather than complying with its legal obligation to provide services in the most integrated setting appropriate to the needs of these children, the state has instead left them hospitalized at Bradley for far longer than is necessary.

While Bradley Hospital inpatient admissions are designed to last only one to two weeks, the federal investigation concluded that children with behavioral health disabilities in DCYF’s care were often forced to languish in the hospital for weeks, months, and, in some cases, for more than a year, despite being ready for discharge, and despite the fact that these children would be better served in a family home.

The investigation found that DCYF failed to ensure that children with disabilities were able to access the intensive in-home and community-based services they need, and failed to facilitate prompt discharges from Bradley Hospital to family homes, resulting in extended and unnecessary hospitalization, or risk of future hospitalization, all in violation of federal law, specifically Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

“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,” said Fontes Rainer. “We must do better by our children and the communities we serve, and States and others must follow federal civil rights laws to ensure every child can access care free from discrimination. As we approach the 25th anniversary of the Olmstead decision, today’s action also emphasizes our commitment to continue to protect the critical right of individuals to live in their own homes and communities.”

As detailed in the government’s Letter of Findings, from January 1, 2017, through September 30, 2022, a staggering 527 children either in DCYF care and custody, or receiving services voluntarily through DCYF, were admitted to Bradley Hospital. Of these 527, 116 were hospitalized in a single admission for more than 100 consecutive days; 42 were hospitalized for more than 180 days; and seven children were hospitalized for more than one year.

Many of these children were subjected to these avoidable and unnecessarily lengthy hospitalizations at Bradley because DCYF failed to provide the community-based services they need. Keeping a child hospitalized for an extended period when their needs could be served in a less restrictive setting only serves to exacerbate the child’s acute needs. Indeed, the investigation found that extended hospitalization often traumatizes the children as well as their families.

According to the Letter as well, DCYF also does not plan for hospital discharges in a way that places children in the most integrated setting appropriate to meet their needs. DCYF’s failure to look for placements in a family home setting with services leads both to delayed discharges and to inappropriate placements post-discharge, which, in turn, often leads to subsequent hospitalizations

The joint investigation by the United States Attorney’s Office and HHS OCR was conducted by Assistant U.S. Attorney Amy R. Romero and Equal Opportunity Specialist Erin Walker of HHS.

The ADA, Section 504, 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, regardless of age or type of disability. Enforcement of Title II of the ADA, Section 504, and the integration mandate of the Olmstead decision, is a priority of the Department of Justice and Department of Health and Human Services.

Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD). For more information on Section 504 of the Rehabilitation Act and how it protects individuals with disabilities, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html. For more information about OCR’s Olmstead activities, visit: https://www.hhs.gov/civil-rights/for-individuals/special-topics/community-living-and-olmstead/index.html.

Individuals who believe their civil rights have been violated can file a complaint with the Office for Civil Rights at: www.hhs.gov/civil-rights/filing-a-complaint/index.html. Anyone in Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.