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Motion Filed on Behalf of Children with Medically Complex Needs

Friday, September 06, 2013

Disability Rights Florida has filed a motion to intervene into United States of America v. The State of Florida. The motion and complaint in intervention were filed in the United States District Court for the Southern District of Florida. The complaint alleges that nearly 200 children with medically complex needs, who reside in nursing facilities throughout the state, are illegally segregated in institutional settings in violation of the Americans with Disabilities Act and the United States Supreme Court’s 1999 decision in Olmstead v. L.C.

The complaint seeks declaratory and injunctive relief and asks that the court require Florida to provide services to these children in the least restrictive setting possible.

The complaint alleges that Florida has failed to administer proper screening processes and provide options for appropriate community settings. The complaint provides several examples of children who should have been considered candidates for community placement, had Florida implemented proper screening processes. The complaint further alleges that children living in community or home settings are at risk of institutionalization or reinistitutionalization as a result of Florida’s flawed practices.

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americans with disabilities act, litigation,

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