Disability Rights Pennsylvania sues to end discrimination against child with diabetes

On April 9, 2024, DRP filed a federal lawsuit alleging disability discrimination on behalf of minor N.B. against Montgomery County, the Pennsylvania Department of Human Services (DHS), and Phoenix House, a small residential group home for youths in the dependency and delinquency systems. When Montgomery County attempted to place N.B. in a residential setting through the dependency process, he was rejected by 8 providers, in addition to Phoenix House, solely on the basis that he is a type 1 diabetic and is required to take insulin shots. As a result, N.B. has been stuck in a locked facility that primarily serves Montgomery County’s youth detention population, rather than living in the community with his peers. The failure of the defendants to accommodate N.B.’s disability, type 1 diabetes, directly violates the Americans with Disabilities Act.  The lawsuit seeks an order from the court to immediately move N.B. to a less restrictive placement and to require the state DHS and Montgomery County to take actions to ensure that other youths with type one diabetes are not discriminated against in the future.

You can read the complaint here.