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Nevada 'unnecessarily segregates' children with disabilities, says DOJ


FILE - An image of the outside of the Department of Justice building in Las Vegas, Nevada.{ }According to a recent filing, the state violates the ADA by failing to provide adequate community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings like hospitals and residential treatment facilities (KSNV).
FILE - An image of the outside of the Department of Justice building in Las Vegas, Nevada. According to a recent filing, the state violates the ADA by failing to provide adequate community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings like hospitals and residential treatment facilities (KSNV).
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The Department of Justice announced Tuesday that it has concluded an investigation into whether the State of Nevada subjects children with behavioral health disabilities to unnecessary institutionalization in violation of Title II of the Americans with Disabilities Act (ADA).

The Justice Department determined that Nevada violates the ADA by failing to provide adequate community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings like hospitals and residential treatment facilities. Hundreds of children are isolated in residential treatment facilities each year though they could remain with their families if provided necessary, community-based services. Over a quarter of these children stay over a year, and some of them are placed outside of Nevada, far from their homes. Nevada also fails to connect children who have been placed in institutions with services to allow them to successfully return to the community.

“Children with disabilities should receive the services they need to remain with their families and in their communities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division looks forward to working with Nevada to bring the State into compliance with federal law and prevent the unnecessary institutionalization of children.”

The department’s investigation found Nevada lacks needed community-based services such as intensive in-home services, crisis services, intensive care coordination, respite, therapeutic foster care and other family-based supports. As a result, hundreds of Nevada children are segregated for months, often very far from home. Nevada officials have expressed a desire to work with the department to resolve the identified issues.

Governor Sisolak's office released the following statement:

“For far too long, Nevada has not invested in the appropriate health resources for our children and our families – this new report shines a bright light on that fact. That’s why, over the last year, the State of Nevada has used newly available federal resources to make historic and unprecedented investments to shore up these systems and provide immediate resources and relief to our families and children who need community based behavioral health services.
My administration is committed to continuing to build on this work to create the lasting systemic changes that our children and families deserve. Funds are already being built into my recommended budget, and we look forward to partnering with experts and our community to better serve all of our children in their homes and communities.”
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