The Arc Submits Letter of Support for the Stop Institutional Child Abuse Act

Dear Member of Congress,

The Arc of the United States writes in strong support of the Stop Institutional Child Abuse Act (SICAA) H.R.2955 & S.1351.

The Arc of the United States has nearly 600 state and local chapters across the United States. These chapters provide a wide range of services for people with intellectual and developmental disabilities (IDD), including individual and systems advocacy, public education, family support, systems navigation, support coordination services, employment, housing, support groups, and recreation. The Arc chapters are committed to improving the lives of people with IDD and their families, including the youth with disabilities who experience disproportionate harm at youth residential programs.

An estimated 120,000-200,000 of our nation’s most vulnerable youth are pipelined into youth residential programs each year by state child welfare and juvenile justice systems, mental health providers, federal agencies, school districts’ individualized education programs, and by parents. These facilities, including but not limited to boot camps, wilderness programs, therapeutic boarding schools, residential treatment facilities, or group homes, cause harm at a higher rate to youth who are Black Indigenous People of Color (BIPOC) and youth with disabilities.

These programs receive an estimated $23 billion dollars of public funds annually to purportedly “treat” the behavioral and psychological needs of vulnerable youth yet there are systemic reports of youth experiencing physical, emotional and sexual abuse including but not limited to prolonged solitary confinement, physical, chemical, and mechanical restraints, food and sleep deprivation, lack of access to the restroom or personal hygiene, “attack therapy,” forced labor, medical neglect, and being denied a free and appropriate public education (FAPE). Public records and news reports have documented more than 350 preventable child deaths in these programs.

The Stop Institutional Child Abuse Act aims to lift the curtains on this opaque industry by enhancing national data collection and reporting and facilitating information sharing among every agency who interact with these programs. Transparency and accountability are critical in our mission to ensure the safety and well-being of youth in institutional care settings.

The Stop Institutional Child Abuse Act will establish:

A Federal Work Group on Youth Residential Programs to improve the dissemination and implementation of data and best practices regarding the health and safety, care, treatment, and appropriate placement of youth in youth residential programs.
A complementary study by the National Academies of Sciences, Engineering, and Medicine to examine the state of youth in youth residential programs and make recommendations for the coordination by Federal and State agencies of data on youth in youth residential programs; and the improvement of oversight of youth residential programs receiving Federal funding.

If you have any questions about the Stop Institutional Child Abuse Act or would like further information, please email Rebecca Mellinger, Paris Hilton’s Head of Impact, at impact@1111media.co.

Respectfully,

Robyn Linscott

Director of Education and Family Policy

The Arc of the United States

Armstrong v. Exceptional Child Care Center, Inc.

State: Idaho

Filed: 2014

Court: U.S. Supreme Court

Overview: The brief supported a group of Idaho providers of services for people with I/DD seeking reimbursement from their state Medicaid agency that failed to implement new provider rates published by the agency and approved by the federal government. The brief argued that the providers had a private right of action and that Idaho’s failure to implement the new rates violated the Medicaid Act’s equal access position.

Excerpt: “[P]rivate suits with respect to the Medicaid Act…are critical to assure that people with disabilities, particularly those who live in poverty or are elderly, get the health care they need and deserve, and that they have recourse to the federal courts and do not need to depend on an overburdened federal agency to revoke funding when they do not receive such care. Such necessary Medicaid Act services include the home- and community-based programs serving people with disabilities at issue in this suit –‘residential habilitation’ services, provided in supported living environments, and designed to help people with intellectual disabilities to live successfully in the community.”

Case Documents

Amicus Brief: Armstrong v. Exceptional Child Care Center, Inc.

U.S. Supreme Court Opinion