U.S. Attorney Zachary Cunha is accusing the state of Rhode Island of violating the federal civil rights of children with mental health or developmental disabilities.
A multi-year federal investigation alleges the state has kept children hospitalized at Bradley Hospital, an acute-care psychiatric facility, for longer than necessary by not providing them with the services they need outside the hospital, Cunha said at a press conference on Monday.
The investigation, conducted by the U.S. Attorney’s Office and the civil rights office of the federal Department of Health and Human Services, found that over a 68-month period, 116 children were hospitalized for more than 100 consecutive days; seven were hospitalized for over a year, according to Cunha. Generally, these kinds of hospital admissions are meant to last for one to two weeks, to help stabilize kids in crisis.
The state Department of Children Youth and Families (DCYF) does not provide the community support and discharge planning needed for these children to get out of the hospital and into the community, Cunha told reporters.
“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,” Cunha said in a press release.
Cunha said that his office wanted to make sure the problem wasn’t a function of the COVID-19 pandemic, which is why the investigation looked at records back to 2017.
“And we found very much that this was a problem that was consistent, ” he said, “irregardless of the COVID.”
Cunha said there is no evidence of any wrongdoing on the part of Bradley Hospital.
Child advocates have for years condemned the practice by DCYF of depending on psychiatric hospitals, instead of outpatient or residential treatment facilities, to provide services.
Between October 1, 2022 and September 30, 2023 (the 2023 federal fiscal year), data compiled by the nonprofit Rhode Island Kids Count showed an average of two children every day “were ready to leave the psychiatric hospital but were unable due to a lack of step-down availability or there being no other safe placement (including at home.)”
The state now has 10 days to respond to the investigation’s findings, Cunha said, or face a civil rights lawsuit.
A spokesperson for DCYF said the agency has been working since November 2022 with Bradley Hospital and Hasbro Children’s Hospital “to expedite discharges to appropriate placements as quickly as possible.” DCYF has also launched a pilot project that provides on-demand crisis intervention services to the kids in its care.
“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,” DCYF’s Damaris Teixeira said in an emailed statement. “We agree with the report that more work is needed on addressing the behavioral health needs of children in Rhode Island.”
Gov. Dan McKee’s press secretary, Olivia DaRocha, said the McKee administration would seek both short- and long-term solutions to the issues identified in the federal investigation.
“This troubling report identifies long-standing issues where improvements are clearly needed — issues that are exacerbated by the national shortage of home and community-based behavioral health services,” DaRocha said in an email. “While our Administration has taken actions to improve our current placement system, we understand that more must be done, and we support DCYF’s continued cooperation with the U.S. Attorney and the U.S. Department of Health and Human Services.”
This story has been updated with additional information from DCYF and the governor’s office. Lynn Arditi contributed to this story.
