florida court case

A Justice Department lawsuit against Florida for institutionalizing children with complex medical conditions in nursing homes has been settled, with the state found to have violated the Americans with Disabilities Act.

The court found that children in nursing facilities are capable of living in the community. Additionally, it said, parents and guardians of institutionalized children overwhelmingly want their children to live at home but have not been given meaningful options other than institutional placement.

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, according to a press release on the Department of Justice‘s website.

Approximately 140 children with disabilities are currently housed in three pediatric nursing facilities across Florida, and many more are at risk of entering these institutions due to a shortfall of services, including home nursing care, the department notes.

Photo: Creative Commons

 

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