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Parents wait for state-covered services designed to their children foster independence and job skills for adulthood. But they must think years ahead while their families are under stress.
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Katie Seeright's daughter, Adeline, suffers from Aicardi syndrome, which prevents the 6-year-old from being able to take care of herself.
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The Justice Department is urging a federal appeals court to uphold a ruling aimed at keeping children with complex medical conditions out of nursing homes.
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The state appealed a federal judge's ruling about whether it was improperly institutionalizing children who often require 24/7 care and have needs such as ventilators, feeding tubes and breathing tubes.
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Even on a fast track, the 11th U.S. Circuit Court of Appeals says, the arguments between the state and DOJ will not happen until after final briefs are filed on Dec. 6.
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The Justice Department urged the 11th U.S. Circuit Court of Appeals to turn down the state's request for a stay of an injunction issued in July.
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The state seeks a stay on an injunction that would require Florida's Medicaid program to provide 90% of the private-duty nursing hours to help children live in family homes instead of nursing homes.
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After the school district agreed to pay $440,000 to resolve a lawsuit over its use of the Baker Act on students, some advocates want more protections for children.
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The federal judge wrote that he is “not persuaded that Florida will suffer irreparable damage without a stay," but that noncompliance can bring substantial harm to institutionalized children.
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A key part of the decision would require the state to increase the availability of private-duty nursing that could help children receive care outside of nursing homes. The state says complying is "impossible."