Florida Judge Orders State Putting Children in Nursing Homes

(FLORIDA) A Florida judge has ordered the state to end its practice of institutionalizing medically fragile children in nursing homes, ruling that the practice is “antiquated” and violates the Americans with Disabilities Act (ADA).

What We Know:

• The ruling, issued by District Court Judge Donald Middlebrooks, is a major victory for families who have been fighting for years to have their children discharged from nursing homes and placed in home-based care.
• The judge found that the state had failed to provide adequate evidence that the children could not be cared for at home, and that the nursing homes were not providing the appropriate level of care.

“Most of these children could thrive in their own homes, nurtured by their own families,” Middlebrooks wrote in his ruling. “Or if not at home, then in some other community-based setting that would support their psychological and emotional health, while also attending to their physical needs.”

• The ruling orders the state to develop a plan to transition all of the children out of nursing homes and into home-based care within 90 days.
• The Florida Agency for Health Care Administration said it would appeal the ruling, but it is unclear whether the appeal will be successful.
• The ruling is a major step forward for the rights of children with disabilities, and it is likely to have a ripple effect across the country.

The ruling by Judge Middlebrooks is a victory for families who have been fighting for years to have their children discharged from nursing homes and placed in home-based care. The ruling is likely to have a ripple effect across the country, as other states are now considering whether to end their own practices of institutionalizing medically fragile children.

from BLKALERTS