A state is being sued for warehousing children with disabilities in foster care

Abstract

Some PTRFs arguably take children who have already been traumatized and traumatize them further, by preventing them from interacting with peers outside of the system, by forcing them into on-campus schools, by failing to allow them privacy, and by subjecting them to inflexible rules, rather than creating plans geared to meeting the individual needs of each child. Some PTRFS use physical restraints, emotional blackmail, and psychopharmacological restraints on children with disabilities.¶

What can be done for these children? The lawsuit argues that DHHS at the state and local levels must be held accountable. While safety of social workers is an understandable concern, the welfare of children with disabilities is of paramount importance. Social workers deserve to feel safe in their work environments in the balance of equities. Children with disabilities should not be warehoused; every effort should be made to assure that children with disabilities have the benefit of a nurturing, integrated, safe living conditions.¶

Why does this matter? These issues are not isolated to North Carolina. These issues are present in every state. Hopefully, after reviewing Timothy B. et al vs. Kinsley, attorneys ad litem in other states will be inspired to file similar class action suits, seeking to rectify what has for too long been tolerated in regard to the warehousing of children in PTRFs nationwide.