Filed Date: Dec. 19, 2024
Case Ongoing
Clearinghouse coding complete
This is a case about community-based services for children with disabilities. On December 19, 2024, the United States of America (“United States”) sued the State of Rhode Island under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of Rhode Island. The US alleged that Rhode Island failed to sufficiently provide community-based services for children with disabilities and caused them to be unnecessarily hospitalized. The United States sought a declaratory judgment and an injunction. The complaint alleged that community-based services were appropriate for the majority of children with behavioral health disabilities in the custody of the state, and that Rhode Island could make reasonable changes to reduce the number and length of hospitalizations, as well as provide more family home setting services.
On December 19, 2024, the US filed a proposed consent decree with the court to resolve the matter. On January 7, 2025, Judge John McConnell approved the consent decree. The consent decree included a plan to transition children with behavioral disabilities who had been hospitalized to family settings with community-based services, as well as measures to prevent unnecessary extended hospital stays. The consent decree described particular areas of focus, including identifying children with behavioral disabilities in state custody who were hospitalized or at risk of hospitalization, conducting behavioral health assessments, transferring children to integrated settings, developing individualized service plans or ongoing family functional assessment and service plans, and ensuring access to community-based services. The parties agreed that a monitor would ensure Rhode Island complied with the decree and submit reports; Elizabeth Manley was appointed as the monitor. The state also agreed to perform an analysis of its children's behavioral health service system and create an implementation plan for meeting the goals of the consent decree. The consent decree was set to last for five years, as long as the state achieved compliance and maintained it for a year.
As of May 7, 2025, there have been no further developments, and the decree is presumably still in force.
Summary Authors
Isabel Bysiewicz (1/27/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69481183/parties/united-states-v-state-of-rhode-island/
McConnell, John James (Rhode Island)
Romero, Amy Retsinas (Rhode Island)
Arguin, James J. (Rhode Island)
Kidd, Jeff (Rhode Island)
See docket on RECAP: https://www.courtlistener.com/docket/69481183/united-states-v-state-of-rhode-island/
Last updated July 8, 2025, 3:44 a.m.