DCFS sued over 'inhumane' practice of leaving kids too long in psych hospitals
Chicago TribuneDec 13, 2018
The federal class-action lawsuit was filed on behalf of more than a dozen
The suit alleges that state officials have known for decades about the lack of suitable placements, and that they worsened the tragic circumstances of the children's lives by repeatedly cutting budgets for appropriate treatment facilities and foster homes. The "inhumane" practice, known as "beyond medical necessity," costs taxpayers more than
The suit states that the problem is so well known that state lawmakers in 2015 directed DCFS to formally track children and teens in foster care who languish after being medically cleared for discharge. In one case cited in the lawsuit, a girl spent her 14th birthday in a psychiatric hospital during a more than four-month hospitalization in 2015. The child was supposed to be placed with her sister, but she was so traumatized by the prolonged hospitalization that the relative's home was deemed inappropriate and the girl ended up in a residential group home and then in specialized foster care, according to the lawsuit.
"Being unnecessarily locked in a psychiatric hospital undermines -- even eliminates -- the precious stability that children formed during their admission," the lawsuit read. "Children in psychiatric hospitals receive no formal schooling. They are locked indoors every day. Their ability to visit with siblings and family members is drastically curtailed. And psychiatric facilities can be dangerous, particularly for vulnerable children, when other patients express psychiatric and behavior disorders."
DCFS spokesman
Skene said it's a "very complex challenge" to find placements for youth with severe behavioral or mental health needs. Some of these children may display adverse behaviors, including fire setting and self-harm practices, that get them rejected from private providers, foster homes or their own families.
"The availability of community resources and facilities to handle complex behavioral and physical health needs of children and teenagers is a serious need in
Acting public guardian
"The first rule of health care is 'do no harm,' yet the state of
Also Thursday, an Uptown psychiatric hospital that is struggling to survive amid complaints that young patients face unsafe conditions asked a federal judge to intervene in its battle with the federal government over funding.
At a hearing,
Duncan said Chicago Lakeshore has put in place a corrective action plan and substantial changes already have been made to the way it handles allegations of abuse. The hospital presented the changes to the government, but they have refused to even consider it, she said.
"We are at an absolute impasse," Duncan said.
Assistant
"(The hospital) was unable to keep its patients -- vulnerable young kids -- safe from sexual and physical abuse," Raedy said. "They were aware of the
U.S. District Judge
DCFS stopped admitting children in its care to Chicago Lakeshore several weeks ago amid an increased number of calls to the state's child abuse hotline this year. The final DCFS teen was transferred out of the hospital
The child welfare agency has launched at least 20 hotline investigations in 2018. Many of the complaints alleged inadequate supervision by staff as young patients fought or engaged in sexual activity. In some investigations, staff members were accused of being physically or sexually abusive. A
Most of the hospital's inspection violations this year related to regulatory issues such as the length of telephone cords or improperly secured doors. But a
Chicago Lakeshore is one of the largest hospitals for psychiatric services in
This is the second time in recent months that the hospital has asked a federal judge to intervene. After an earlier threat to cut off government funding, the hospital filed a similar request
In their latest legal filing, hospital officials said they have appealed directly to federal officials but cannot get a hearing until February -- weeks after the
Several child welfare watchdog groups, including the
The hospital has pledged to work with state and federal agencies to correct problems. Administrators said they installed new security cameras in early November, replacing an old system that at times resulted in inoperable cameras and crippled complaint investigations. They said a new patient safety committee also was formed.
"The expectation of allegation-free acute psychiatric care to traumatized children and adolescents, especially those who are a product of the public system, is unequivocally unrealistic," Dr.
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