Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          HHS Search block
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations Breadcrumb
    Home
                              About
                              News
                              U.S. Departments of Health & Human Services and Justice Issue Letter of Findings to State of Rhode Island Over Improper Over-Hospitalizations of  Children with Disabilities
 Navigate to:
  News
    
                                    
                                            
            
      
      
      
      Blog
    
                                    
                                            
            
      
      
      
      HHS Live
    
                                    
                                            
            
      
      
      
      Podcasts
    
                                    
                                            
            
      
      
      
      Media Guidelines for HHS EmployeesText resize icon

                    




**FOR IMMEDIATE RELEASE May 13, 2024**

        **Contact: 
                                    HHS Press Office**
          202-690-6343media@hhs.gov

          U.S. Departments of Health & Human Services and Justice Issue Letter of Findings to State of Rhode Island Over Improper Over-Hospitalizations of  Children with Disabilities
    
    

      An investigation by the United States Department of Health and Human Services Office for Civil Rights (HHS OCR) and the United States Attorney’s Office for the District of Rhode Island and has found that the State of Rhode Island violated federal civil rights laws by routinely and unnecessarily segregating children with mental health and/or developmental disabilities at Bradley Hospital, an acute-care psychiatric hospital. HHS OCR Regional Manager Susan Rhodes and United States Attorney Zachary A. Cunha made the announcement today in Rhode Island, issuing a joint Letter of Findings, which was transmitted to the Governor of Rhode Island and the Director of Rhode Island Department of Children, Youth, and Families (DCYF).The federal government’s comprehensive, multi-year investigation resulted in a finding that the State left children in DCYF care hospitalized at Bradley for far longer than necessary. While Bradley Hospital inpatient admissions are designed for acute care lasting one to two weeks, the federal investigators concluded that children with mental health and/or developmental disabilities in DCYF’s care often stayed in the hospital for weeks, months, and, in some cases, for more than a year. According to the investigation, in these cases, children stayed at Bradley even though they were ready for discharge and would have been better served in less restrictive, community-based care settings. The investigation also marks the first *Olmstead* case out of OCR’s new HHS *Olmstead* Initiative.“Today’s finding follows on the heels of the Office for Civil Rights’ efforts to strengthen access to care for people with disabilities like these children in Rhode Island,” said HHS OCR Director Melanie Fontes Rainer. “We must do better by our children and the communities we serve, and States and others must follow federal civil rights laws to ensure every child can access care free from discrimination. As we approach the 25th anniversary of the *Olmstead* decision, today’s action also emphasizes our commitment to continue to protect the critical right of individuals to live in their own homes and communities.”“Children with disabilities should be able to come home to the love and support of their families and not be confined to an institution for months on end,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue our vigorous enforcement of the ADA to ensure that children with disabilities can receive the community-based services they need to live with their families and participate in their communities.”“It is nothing short of appalling that the state has chosen to warehouse children in a psychiatric institution, rather than stepping up to provide the community care, support, and services that these kids need, and that the law requires,” remarked U.S. Attorney Zachary A. Cunha. “I am hopeful that the findings we announce today will spur swift action by the state to meet its obligations under federal law, and far more importantly, to ensure that the civil rights of these children are upheld.”Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Supreme Court’s ruling in *Olmstead v. L.C*. require state and local governments to make services available to people with disabilities in the most integrated setting appropriate to their needs. Enforcement of Title II of the ADA, Section 504, and the integration mandate of the *Olmstead* decision is a priority of the Department of Justice and Department of Health and Human Services. The federal investigation found that by failing to ensure that children with disabilities were able to access the care they needed in the most integrated setting appropriate, DCYF violated Title II of the ADA and Section 504.As detailed in the government’s Letter of Findings, from January 1, 2017, through September 30, 2022, 527 children either in DCYF care and custody, or receiving services voluntarily through DCYF, were admitted to Bradley Hospital. Despite the fact that Bradley Hospital’s short-term services are designed only to stabilize a child in crisis, of the 527 children admitted to Bradley during the relevant period, 116 were hospitalized in a single admission for more than 100 consecutive days; 42 were hospitalized for more than 180 days; and seven children were hospitalized for more than one year. The investigation found that extended hospitalization often traumatizes the children as well as their families, compounding the effects of noncompliance with federal civil rights laws.Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD). For more information on Section 504 of the Rehabilitation Act and how it protects individuals with disabilities, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html.Individuals who believe their civil rights have been violated can file a complaint with the HHS Office for Civil Rights at: www.hhs.gov/civil-rights/filing-a-complaint/index.html. Anyone in Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.
  

    ###
    Note: All HHS press releases, fact sheets and other news materials are available at https://www.hhs.gov/news.Like HHS on Facebook, follow HHS on Twitter @HHSgov, and sign up for HHS Email Updates.Last revised: May 13, 2024

  
  
  







  Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases

Sign Up







  Subscribe to RSS
    

      Receive latest updates







  Related News Releases
    

      Civil Rights and Health Privacy Fact Sheet for Farmworkers
  

HHS Office for Civil Rights Imposes a Civil Monetary Penalty of $115,200  Against American Medical Response for Failure to Provide Timely Access to Patient Records
  

OCR Updates Change Healthcare Cybersecurity Incident FAQs







  Related Blog Posts
    

      Update to Change Healthcare Cybersecurity Incident FAQ Webpage
  

HHS Office for Civil Rights Creates FAQ Webpage in Response to the Change Healthcare Cyberattack
  

Reflecting on Cybersecurity Awareness Month

                    
  


Media Inquiries

For general media inquiries, please contact media@hhs.gov.







  Content created by Office for Civil Rights (OCR) Content last reviewed May 13, 2024 Back to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​ Disclaimer Policy: Links with this icon () mean that you are leaving the HHS website. The Department of Health and Human Services (HHS) cannot guarantee the accuracy of a non-federal website.
                  Linking to a non-federal website does not mean that HHS or its employees endorse the sponsors, information, or products presented on the website. HHS links outside of itself to provide you with further information.
                  You will be bound by the destination website's privacy policy and/or terms of service when you follow the link.
                  HHS is not responsible for Section 508 compliance (accessibility) on private websites. For more information on HHS's web notification policies, see Website Disclaimers.
 Continue
                  Go back