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

In Re Hicks/Brown

State: Michigan

Filed: 2016

Court: Supreme Court of Michigan

Overview: The brief supported a mother with intellectual disability arguing that the state failed in its statutory duty to make reasonable efforts to reunify the family unit because the case service plan never included reasonable accommodations to provide her with a meaningful opportunity to benefit, as required by the ADA.

Excerpt: “The Court of Appeals in this case reached the correct conclusion: when a state agency fails to provide reasonable accommodations to a parent with disabilities in a case service plan, the agency fails in its statutory duty to make reasonable efforts to reunify the family. When this happens, the state simply cannot satisfy the high burden (i.e., clear and convincing evidence) required to take the drastic measure of terminating parental rights. Failing to provide a parent with disabilities with an appropriate case service plan necessarily leaves a ‘hole’ in the evidence that prohibits a court from finding that the requisite grounds for termination have been satisfied. How can a trier of fact find evidence so clear and weighty to come to a clear conviction, without hesitancy, that a person with disabilities cannot remedy the grounds leading to adjudication or otherwise provide proper care for his or her child when the parent was never given the appropriate reasonable accommodations? The answer is, as the Court of Appeals held, that they cannot. The American with Disabilities Act (“ADA”), the Rehabilitation Act of 1973 and the Michigan Probate Code, as well as common sense, dictate such a ruling.”

Case Documents

Amicus Brief: In Re Hicks/Brown

Supreme Court of Michigan Opinion