Timothy B. et al. v. Kody Kinsley

On April 21, 2023, the United States filed a Statement of Interest in Timothy B. v. Kinsley, a putative class action brought on behalf of children with disabilities in foster care.  In their complaint, plaintiffs allege that North Carolina's Department of Health and Human Services (DHHS) is violating the integration mandate of Title II of the ADA by unnecessarily segregating foster children in psychiatric residential treatment facilities when these children could live in the community with appropriate services, including mental and behavioral health services.  DHHS moved to dismiss the complaint.  The Statement of Interest responds to DHHS's motion to dismiss by explaining the legal standard for stating a claim under the integration mandate and addressing DHHS's arguments relating to collateral estoppal and standing.