MONTGOMERY, Ala. — According to the U.S. Justice Department, many children in Alabama with physical disabilities are being placed in nursing homes unnecessarily. On Thursday, they warned the state that unless it enacts reforms to enable more of these children to reside at home with their families, legal action may be forthcoming.
The Justice Department’s investigation revealed that Alabama is in violation of the Americans with Disabilities Act (ADA), which mandates that individuals with disabilities receive services in environments that best suit their individual needs. Assistant U.S. Attorney General Kristen Clarke emphasized that many children with physical disabilities in the state face unnecessary institutionalization or are at a high risk of being put into care facilities.
Clarke relayed the findings of the investigation in a correspondence directed to the Alabama Department of Human Resources, the Alabama Medicaid Agency, and the Alabama Department of Senior Services, specifically listing reforms the state should implement to enhance community services. She indicated that failure to take action could lead to federal legal proceedings against the state government.
Governor Kay Ivey’s office directed inquiries to the appropriate state agencies. However, the Department of Human Resources did not provide immediate feedback in response to an email sent on Thursday.
The investigation highlighted that Alabama’s policies appear to restrict access to community-based services, which are essential for allowing children with physical disabilities to remain at home rather than being institutionalized. Federal authorities noted that the state has not sufficiently developed its workforce to provide these community-based supports. Additionally, the Justice Department pointed out a lack of support for foster parents caring for or considering caring for children with disabilities.
Parents in Alabama are often faced with challenging decisions, such as placing their children in nursing homes indefinitely or sacrificing their jobs to provide full-time care at home. Clarke explained that many children who could potentially thrive in family settings have instead spent critical years isolated in nursing homes, distanced from their families and communities. Others hover on the edge of institutionalization, as their families grapple with the physical, financial, and emotional demands of providing care.
P.J. Alexander and his wife exemplified a family challenged by these issues. Their son Kyle was born with various complex medical conditions, including cerebral palsy and genetic disorders. “We managed to keep him at home, just by a narrow margin,” he described.
They had contemplated relocating to another state that has more resources available for families with severely disabled children. Tragically, Kyle passed away unexpectedly at the age of 10 due to cardiac failure on November 25, Alexander shared. “He brought such joy with his smile, especially given the challenges he faced,” he reflected.
