When the System Fails Children with Disabilities

An investigation into Florida’s service system for children with disabilities found that the state failed to meet its obligations under Title II of the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing hundreds of children with disabilities in nursing facilities.

What the Investigation Found

The U.S. Department of Justice investigated Florida’s service system for children with disabilities, including those with medically complex or medically fragile conditions. The investigation evaluated the state’s compliance with Title II of the Americans with Disabilities Act, which requires public entities to provide services to individuals with disabilities in the most integrated setting appropriate to their needs.

The investigation concluded that Florida was not meeting this requirement.

The Impact on Children and Families

According to the findings, hundreds of children with disabilities were unnecessarily separated from their families and communities for years. With appropriate services and support, many of these children could instead live at home with their families or in other integrated community settings.

Rather than growing up in family environments, many children were living in hospital-like nursing facilities alongside elderly residents and other individuals with disabilities. As a result, they had limited opportunities to interact with their peers without disabilities or participate in the social, educational, and recreational experiences that are essential to healthy childhood development.

Why Planning and Advocacy Matter

Planning for a child with special needs involves more than financial and legal considerations—it also means ensuring that children have access to the services and supports they need to live as independently and inclusively as possible.

Consulting with an experienced special needs attorney can help families plan for the future while protecting their loved one’s rights and quality of life. It is equally important that federal and state governments uphold the laws designed to protect children with disabilities and provide services in the least restrictive, most integrated settings possible.

If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.