LOS ANGELES - The Justice Department today filed a statement of interest in a federal lawsuit alleging the foster care system operated by Los Angeles County and the State of California fails to provide youth with mental health disabilities with sufficient access to housing, behavioral health, and other services and, instead, places them in institutions for care.

In Ocean S., et al., v. Los Angeles County, et al., (C.D. Calif., 23cv06921) the plaintiffs, who are transition-age foster youth, contend that the defendants' administration of the foster care system unnecessarily segregates youth with mental health disabilities in violation of federal law.

The Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999) require state and local governments to eliminate unnecessary segregation of persons with disabilities and to administer services to people with disabilities in the most integrated setting appropriate to their needs.

The Department of Justice files statements of interest in ongoing court cases to inform the court and the public of its views on certain matters of law.

"Youth with disabilities who do not receive the critical services that they need to thrive in the community often end up in a vicious cycle of institutionalization," said United States Attorney Martin Estrada. "Under the law, people with disabilities deserve to live and receive services in the most integrated setting appropriate to their needs, such as in their homes and communities. My office is committed to upholding civil rights for all, including people with disabilities."

In the Ocean S. lawsuit, the Justice Department's statement of interest pertains to the "integration mandate" and explains that the ADA bars public entities from placing an individual with a disability at serious risk of needless institutionalization. The statement of interest also clarifies that the plaintiffs can state a serious risk claim without alleging that they seek specific community-based services that exist in an institution. It also states that the plaintiffs do not need to include an appropriateness determination from a treatment professional in their complaint, and that a public entity's oversight and administration of its service system may be sufficient to allege causation.

Assistant United States Attorney Amy Xu of the Civil Division's Civil Rights Section and attorneys from the Special Litigation Section of the Justice Department's Civil Rights Division worked on the statement of interest.

Individuals in the seven counties of the Central District of California may file a complaint asserting civil rights violations with the Civil Rights Section, Civil Division of the U.S. Attorney's Office by completing and submitting this form (English) (Spanish) by email to [email protected].