Report: DCYF found in violation of federal disability laws, State ‘warehoused’ children

EAST PROVIDENCE, R.I. (WLNE) — An investigation by federal prosecutors has found the Rhode Island Department of Children, Youth and Families in violation of federal civil rights laws.

The United States Attorney’s Office for the District of Rhode Island reported that the State of Rhode Island routinely and unnecessarily segregated children with mental health and/or developmental disabilities at Bradley Hospital in East Providence.

“It is nothing short of appalling that the state has chosen to warehouse children in a psychiatric institution,” U.S. Attorney Zachary Cunha said in a statement. “Rather than stepping up to provide the community care, support, and services that these kids need, and that the law requires.”

Officials said the United States Department of Health and Human Services Office of Civil Rights also played a role in the investigation, transmitting a letter of findings to the governor and DCYF director detailing the federal government’s comprehensive, multi-year investigation.

Details of the letter alleged that, rather than providing services in the most integrated setting appropriate to the needs of these children, the state instead left them hospitalized at Bradley for far longer than necessary.

Authorities said Bradley Hospital inpatient admissions are designed to last only one to two weeks, but the investigation concluded children with behavioral health disabilities in DCYF’s care were often “forced to languish in the hospital” for weeks, months, and sometimes more than a year.

Officials said many of the children in these cases were held despite being ready for discharge and more suited for family homes.

“I am hopeful that the findings we announce today will spur swift action by the state to meet its obligations under federal law,” Cunha continued. “And far more importantly, to ensure that the civil rights of these children are upheld.”

The letter includes that, from Jan. 1, 2017, through Sept. 30, 2022, 527 children either in DCYF care and custody, or receiving services voluntarily through DCYF, were admitted to Bradley Hospital.

DCYF spokesperson Damaris Teixeira shared the following statement regarding the accusations:

“DCYF takes these findings very seriously and is committed to continuing to work closely with the U.S. Attorney’s Office and the U.S. Department of Health and Human Services to reach a resolution in the best interest of the youth in DCYF’s care. We agree with the report that more work is needed on addressing the behavioral health needs of children in Rhode Island.

“Under the current Administration, the State has taken steps to begin addressing the issues outlined in this report. Starting in November 2022, and continuously since, the Department has worked with Bradley Hospital and Hasbro Children’s Hospital to expedite discharges to appropriate placements as quickly as possible.

“Over that same time period, the Mobile Response and Stabilization Services (MRSS) program was launched. This program provides time-limited, on-demand crisis intervention services in any setting in which a behavioral health crisis is occurring, including homes, schools and emergency departments. Depending on the needs of the child, the stabilization component may include a temporary, out-of-home crisis resolution in a safe environment. To date, 90% of the youth in this pilot program did not end up requiring psychiatric hospitalization.

“To address the need for more residential beds, to provide step-down care for youth who have been hospitalized, the state is investing approximately $45 million to expand in-state residential capacity, including a facility in Exeter that will serve 16 youth. Additionally, the state legislature appropriated $11 million for the building of a 12-bed psychiatric residential facility (PRTF) to address in-state capacity need.”

Executive Director of the Rhode Island Coalition for Children and Families Tanja Kubas-Meyer shared an additional statement:

“Every child deserves the right to comprehensive care close to home. The Rhode Island Coalition for Children and Families comprises a dedicated group of professionals with extensive expertise and experience in children’s behavioral health and has advocated for years for a comprehensive system of behavioral health care. This includes everything from assessment and mental health supports for the youngest children to mobile crisis intervention and ready access to outpatient and in-home interventions at the needed level of intensity.

“We need a well-resourced system of supports and services to prevent problems from escalating into crises that require hospitalization. These services need to be culturally and linguistically appropriate to meet the needs of an increasingly diverse population. Rhode Island will need to invest in needs assessment, evaluation, and increased community behavioral health capacity including family and caregiver engagement if we want to change the trajectory for the children of our state and honor their right to receive care in the least restrictive environment under the Olmstead Act.”

Kubas-Meyer added that the coalition and members are partners in the state’s effort to build a comprehensive system of home and community-based services, saying they stand ready to assist as the state moves forward with its response to the suit.