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Child Welfare Agencies Accused of Keeping Foster Children With Developmental Disabilities at Hospitals Beyond Medical Necessity


Failure to discharge a foster child from a psychiatric hospital is actionable as a Civil Rights Claim Invoking 42 USC § 1983. Justice for Kids attorneys filed a civil rights lawsuit by a foster child for damages pursuant to 42 USC § 1983 in federal court in Palm Beach County, FL and for negligence against various Florida Department of Children and Families employees and a private mental health crisis stabilization unit for violating the due process rights of a foster child who was confined for almost one year in a crisis stabilization unit because there were no appropriate placements for discharge. The Plaintiff settled this lawsuit against the private agency for an undisclosed amount and the DCF and its employees for $1.6 million.

 

In Rhode Island, a two-year investigation by Rhode Island’s U.S. District Attorney’s Office revealed 527 vulnerable children were held at the East Providence psychiatric hospital, most far longer than clinically necessary, according to a report from the Rhode Island Current. Read more here.

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