Florida Slammed for Neglecting Disabled Kids' Rights

Floridas Federal Appeals Court Slams State for Neglecting Severely Disabled Childrens Rights: A Must-Read Summary

A federal appeals court has reprimanded Florida for violating the civil rights of its most vulnerable children by not providing adequate in-home nursing care. This has resulted in 139 severely disabled children being forced into nursing homes intended for seniors, with some being there since infancy. Another 1,800 children are at risk of the same fate.

The Justice Department filed a lawsuit in 2013, alleging that Florida was not complying with the Americans with Disabilities Act, which mandates care in community settings rather than isolating institutions. A district judge ruled last July that the states managed-care system was causing families to suffer.

Families have been paying a heavy price, with parents losing jobs, facing evictions, and staying up all night to monitor ventilators. Gaps in nursing care have led to tragedies, such as babies pulling out breathing tubes without assistance. Many parents sacrifice everything to care for their children at home, but the systems failures push them to their limits.

The court ordered Florida to deliver at least 90% of prescribed private-duty nursing, increase care coordinators, and fund an independent monitor to ensure compliance. State lawyers argued that the federal government was overreaching, but the judges dismissed this claim, stating that it ignored the real-life struggles of these families.

One judge dissented, arguing that the focus should be on overhauling the entire program rather than just addressing rights issues. These children deserve homes, not warehouses, and it remains to be seen if the state will take the necessary steps to improve their lives before more families break.

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