MONTGOMERY, Ala. (AP) 鈥� Alabama children with physical disabilities are being unnecessarily institutionalized in nursing homes, the U.S. Justice Department said Thursday, warning it would file suit against the state unless changes are made to allow more of these children to live at home.
A Justice Department investigation found Alabama is violating the requirement of the Americans with Disabilities Act to administer services to individuals with disabilities in the setting most appropriate to the person鈥檚 needs.
鈥淢any children with physical disabilities in Alabama are unnecessarily institutionalized or are at serious risk of unnecessary institutionalization,鈥� Assistant U.S. Attorney General Kristen Clarke wrote to state officials.
Clarke announced the probe's findings to the Alabama Department of Human Resources, the Alabama Medicaid Agency and the Alabama Department of Senior Services. It listed changes the state should make to provide more community services and threatened a federal suit if action isn't taken.
Alabama鈥檚 Gov. Kay Ivey鈥檚 office and the Department of Human Resources did not immediately respond to an email late Thursday afternoon seeking comment.
The federal investigation found that Alabama policies effectively limit community-based services, or long-term support services, which allow children with physical disabilities to live at home.
Federal officials said the state has not adequately developed its community-based workforce. The Justice Department also said Alabama fails to support foster parents who care for 鈥� or are considering caring for 鈥� foster children with physical disabilities.
Alabama parents too often face a difficult choice of sending their children to nursing homes for life or quitting their jobs to become full-time caregivers, the Justice Department wrote.
鈥淪ome children who could otherwise be cared for in family homes have spent their formative years growing up in nursing homes, separated from their families and communities. Others live on the brink of such institutionalization, as their families struggle physically, financially, and emotionally to keep them at home,鈥� Clarke wrote.
The Justice Department in 2022 released regarding the state's foster care system. Federal officials said the state鈥檚 foster care program has illegally placed hundreds of students with disabilities into 鈥渟egregated and inferior educational programs,鈥� which it called a direct violation of Title II of the Americans with Disabilities Act.
The Associated Press
