The U.S. Justice Department has sued the state of Florida, alleging the state has violated the Americans with Disabilities Act (ADA) in administering its service system for children with significant medical needs. The complaint alleges that nearly 200 children have been kept segregated in nursing homes instead of being allowed to stay in their homes or other community-based settings. Both the ADA and the U.S. Supreme Court decision, Olmstead v. L.C. require states to eliminate unnecessary segregation of individuals with disabilities.
Almost a year ago, Justice notified the state that it was violating the ADA and identified numerous ways in which state policies and practices had limited the availability of access to medically necessary in-home services for children with significant medical needs. Justice also asserted that the state’s screening and transition planning processes were deficient and children were spending years in nursing facilities before receiving federally mandated screenings to determine whether they should be in such facilities.
The complaint requests both declaratory and injunctive relief, as well as compensatory damages for the affected children.
