Justice Department says Alabama institutionalizes too many children with
disabilities
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 [January 17, 2025]
MONTGOMERY, Ala. (AP) — Alabama children with physical
disabilities are being unnecessarily institutionalized in nursing homes,
the U.S. Justice Department said Thursday, warning it would file suit
against the state unless changes are made to allow more of these
children to live at home.
A Justice Department investigation found Alabama is violating the
requirement of the Americans with Disabilities Act to administer
services to individuals with disabilities in the setting most
appropriate to the person’s needs.
“Many children with physical disabilities in Alabama are unnecessarily
institutionalized or are at serious risk of unnecessary
institutionalization,” Assistant U.S. Attorney General Kristen Clarke
wrote to state officials.
Clarke announced the probe's findings in a letter to the Alabama
Department of Human Resources, the Alabama Medicaid Agency and the
Alabama Department of Senior Services. It listed changes the state
should make to provide more community services and threatened a federal
lawsuit if action isn't taken.
Alabama’s Gov. Kay Ivey’s office referred questions to the state
agencies. The Department of Human Resources did not immediately respond
to an email Thursday seeking comment.
The federal investigation found that Alabama policies effectively limit
community-based services, or long-term support services, which allow
children with physical disabilities to live at home.
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 Federal officials said the state has
not adequately developed its community-based workforce. The Justice
Department also said Alabama fails to support foster parents who
care for, or are considering caring for, children with physical
disabilities.
Alabama parents too often face a difficult choice
of sending their children to nursing homes for life or quitting
their jobs to become full-time caregivers, the Justice Department
wrote.
“Some children who could otherwise be cared for in family homes have
spent their formative years growing up in nursing homes, separated
from their families and communities. Others live on the brink of
such institutionalization, as their families struggle physically,
financially, and emotionally to keep them at home,” Clarke wrote.
P.J. Alexander said he and his wife were one of those Alabama
families. Their son Kyle was born with a complex set of medical
issues, including genetic conditions and cerebral palsy.
“We were able to keep him at home, just barely,” he said.
They had considered moving to another state that provides more
resources for families caring for profoundly disabled children. Kyle
passed away suddenly Nov. 25 at age 10 from cardiac failure,
Alexander said.
“He was such a happy boy, he’d always smile. For someone who had so
many struggles," Alexander said.
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