We’re Kathey and Rob Raskin of Las Vegas and we care about foster children in this country. A disability rights organization filed a lawsuit claiming Pennsylvania’s Department of Human Services has failed to provide satisfactory child welfare services to children with mental health conditions.

The lawsuit backed by Disability Rights Pennsylvania focuses on the treatment of children found to be “dependent,” or those who can’t safely live at home because of abuse or neglect. The state’s Office of Children, Youth and Families and county child welfare programs must care for them. They are responsible for ensuring the children have a place to live as well as planning for a lasting family connection either through family reunion, foster care, or adoption.

The lawsuit alleges those with mental health condition aren’t treated equally to those without, a violation of the Americans with Disabilities Act.

A plaintiff, a 10-year-old boy from Beaver County, identified as S.R, has been diagnosed with bipolar disorder, PTSD, mood disorder, ADHD, and mild intellectual disability. This boy was removed from his home at five because of abuse, per the lawsuit. Following several foster homes and hospitalizations, he was placed in a residential treatment facility. He is still there three-and-a-half years later.

The facility feels he has profited as much as he can from their program and its goal is adoption. However, with nowhere for him to go, the facility is looking to transfer him, potentially to out of state, also per the lawsuit.

The lawsuit portrays a terrible cycle where children bounce between several foster homes, worsening behavior issues, and are left in residential treatment facilities much longer than they should be because there is no place else for them to go. Additionally, other children who require a place in those treatment facilities can’t get in because there is no room for them.

The lawsuit was filed with the U.S. District Court in the Middle District of Pennsylvania.

Our foster homes and systems must do better, especially for those with mental health conditions. Putting children in the same facility for years is not helping. It’s hurting. On our Kathey and Rob Raskin Stop DHR webpage, you can report complaints. Please do.