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15-Year-Old Sues Georgia With Help of Atlanta Legal Aid Society

Tuesday, May 03, 2005

  • Organization: The Brennan Center
A 15-year-old girl diagnosed with moderate mental retardation and mental health issues, is suing the Governor of Georgia, Georgia Department of Community Health, and Georgia Department of Human Resources, seeking disability services that have been denied for more than three years. The plaintiff, represented by the LSC-funded Atlanta Legal Aid Society and by the Georgia Advocacy Office, a non-profit that advocates for people with disabilities and mental illnesses, has been unable to obtain the services she needs to live outside of an institution, despite the belief of her doctors that she will thrive in community-based care. The plaintiff is claiming violations of the due process clause of the Fourteenth Amendment, the Americans with Disabilities Act, the Rehabilitation Act, and the Medicaid Act. Andrea Joliffe, an attorney at the Legal Aid Society says that it is "problematic" to keep children in a state psychiatric hospital when they could instead receive services from community-based providers. She explains that in the hospital, the children "are only treated with drugs [in the hospital] and they don't get any type of rehabilitative training that they would need to function at a higher level." Atlanta Legal Aid Society, Press Release: Advocates for Children with Disabilities Challenge State's Failure to Provide Medicaid Services
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