Prevent the Admissions of Children in State Schools

Goal: Create a system of supports and services where institutionalization of children in state schools is no longer needed or allowed in the State of Texas.

Problem: Child development research demonstrates the negative impact of institutionalization on all areas of development, yet Texas has more children under the age of twenty-one with disabilities in state operated institutions (state schools) than any other state in the nation and in the past few years, the number has grown dramatically.

Recommendation: Community alternatives to state schools for children must be developed and fully funded in order to prevent any state school admission of a child. The primary barriers that must be addressed include: 1) the lack of available funding for comprehensive community waiver services for children at risk of institutionalization, and 2) the shortage of positive behavioral supports needed by many children at risk of institutionalization.

Specific Recommendations for Change:

• Prohibit the institutionalization of any child under the age of 18. Ensure that family-based options are available and fully funded.
• Develop, build capacity for, and make available intense positive behavior supports for children with co-occurring intellectual and mental health disabilities.
• Improve permanency planning implementation to include relocation activities for children currently residing in state operated institutions to ensure children can grow up in families.
• Develop a Children’s Promoting Independence Unit at Department of Aging and Disability Services (DADS).
• Develop age-appropriate community based emergency living arrangements for children.
• Ensure strict adherence to existing statute requiring all admission of children to institutions to be temporary and requiring the approval of the DADS Commissioner for continued stay.

Background:

• Texas has more children under the age of twenty-one with disabilities in state operated institutions (state schools) than any other state in the nation. The number of children with intellectual and cognitive disabilities being admitted to Texas state schools (institutions) has dramatically increased over the past few years.

Justification: Texas state schools are not schools. They are large congregate care facilities. State schools are not appropriate living environments for children.

• Current state policy supports the idea that safe and nurturing families are the best environment for children with disabilities to grow up. In fact, Texas has made significant investment in the past decade to:
  1. remove children from various types of institutions,
  2. adequately support children leaving institutions in family settings, and
  3. prevent new admissions.
  However, this progress has not been experienced in the state schools. In the past two years, admission of children to state schools has been unprecedented.
• Child development research continues to report the negative impact of institutionalization on all areas of development. The Center for Disease Control Healthy People 2010 Objectives recommend reducing to zero the number of children with disabilities in institutional settings. If research and best practices tell us that institutionalization of children is harmful, Texas must stop.
• The Department of Justice letter of December 1, 2008, to Governor Perry amplifies the need to get children out of state schools and to prevent them from going in. State schools are not appropriate settings for children. State schools do not offer appropriate psychological or behavioral services, and the safety of the children cannot be assured.