Lawsuits filed by Disability Rights Maryland and others allege that the Maryland Department of Human Services violated foster children’s rights by keeping them in hospitals and psychiatric units without any medical necessity.
Recent federal legislation was brought about to “deinstitutionalize” foster children and send fewer children to out-of-state facilities.
While a step in the right direction, the legislation did not address the dire need for more Maryland-based treatment options.
The lack of options forced foster children into hospital overstays.
Attorneys have said that Maryland’s DHS and state agencies failed to fix its shortage of crisis prevention and wraparound clinical services, resulting in the overstay status of hundreds of foster children.
The complaint names officials from various departments and counties in Maryland, namely the Social Services Administration, the Developmental Disabilities Administration, and Baltimore, Prince George’s County, and Montgomery County.
These officials are specifically identified in the complaint as being responsible for the failure to provide appropriate placements and services for children in foster care, leading to the issue of hospital overstays.
By including these officials, the complaint highlights their role in perpetuating the problem and seeks accountability for their failure to address the needs of these vulnerable children.
What Does the Lawsuit Allege?
The lawsuit filed against Maryland’s Human Services Department outlines a number of serious issues the agency is facing.
These complaint filed by attorneys and advocates mentions the following:
- The shortage of Maryland-based placement options and a lack of intensive crisis-intervention services and clinical services.
- Maryland state agencies have ignored demands to fix the problem, despite the availability of funds.
- Maryland state services have been “dismantled” under former Governor Larry Hogan.
- Foster children have been housed in various inappropriate settings, including commercial office buildings, hotels, and homeless shelters.
- The shortage of foster placements has led to inadequate care for teens in group homes in certain areas.
The lawsuit excludes foster children in Baltimore City due to existing consent decrees and separate ongoing litigation.
Reports have also emerged which found that foster children were also placed in hotels and commercial office buildings in Downtown Baltimore when no other resource or services are available for placement.
What is Overstay Status and What Does it Mean for Those in Foster Care?
Hospital overstays for children in foster care refer to the extended periods of time that children spend in hospitals without medical necessity.
These overstays occur when appropriate placements and services are not provided for these children, resulting in them being confined to hospital beds, psychiatric wards, and other medical facilities for weeks, months, or even longer.
Children in foster care may experience hospital overstays due to a lack of available community placements and services that would allow them to be returned to their families or placed in less restrictive settings.
In Maryland, this has been a chronic problem for at least the last five years, affecting over 100 foster children annually.
The consequences of hospital overstays are severe for these children.
They are deprived of education, recreation, socialization, fresh air, and basic interactions critical for healthy child development.
Additionally, their conditions may deteriorate over time, making it even more challenging to find suitable placements.
Hospital overstays are not only traumatic for the children but also contribute to feelings of abandonment and being unwanted.
Despite being the wealthiest state per capita, Maryland has failed to address the underlying issues that lead to hospital overstays for foster children, and without intervention, these children’s rights continue to be violated, causing them irreparable harm.
Why are Children in Baltimore Excluded from this Lawsuit?
A related federal case against Baltimore City DSS is ongoing.
The lawsuit filed for hospital overstays in Maryland includes all 23 counties in Maryland besides Baltimore County.
Children in foster care in Baltimore City are excluded from this lawsuit due to ongoing litigation and a consent decree from a judge in Baltimore County.
