ABA Therapy Provider to Make Changes to Comply with Americans with Disabilities Act

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that the government has entered into a settlement agreement with CREATIVE INTERVENTIONS, LLC (“Creative Interventions”) to resolve allegations that the company discriminated against a child with Autism Spectrum Disorder and Type 1 Diabetes, and the child’s parents, by refusing to monitor the child’s Continuous Glucose Monitor (“CGM”) and by refusing to provide other routine diabetes care while the child attended the Creative Interventions Achievement Clinic in Windsor.

Creative Interventions is a private company that provides Applied Behavior Analysis (“ABA”) therapy and other therapeutic services for children with Autism Spectrum Disorder.  Creative Interventions provides its services in private homes, public schools, and at its facility in Windsor where it offers an Achievement Clinic, a drop-off program for young children.  Creative Interventions also provides early intervention services as part of Connecticut’s Birth to Three Program.

This matter was initiated by a complaint filed with the U.S. Attorney’s Office for the District of Connecticut by the Center for Children’s Advocacy (CCA) on behalf of the parents of a child with Type 1 Diabetes who was enrolled at the Creative Interventions Achievement Clinic from 9 am to 3:30pm, five days a week.  According to CCA’s complaint, when the child was diagnosed with Type 1 Diabetes, Creative Interventions staff refused to provide the child’s diabetes-related care and, instead, required a parent to come to the clinic to provide the care.  Among other things, the child’s diabetes management plan requires a caregiver to monitor a CGM, which shows the child’s blood sugar levels, and requires a caregiver to be prepared to address high or low blood sugar readings by providing a fast-acting carbohydrate or glucagon or insulin, if necessary.

Based on its investigation, the government found that Creative Interventions discriminated against the child and the child’s parents, in violation of the Americans with Disabilities Act (“ADA”), by refusing to have its staff provide this routine diabetes care to the child.  The government found that monitoring the child’s CGM and providing the other routine diabetes care specified by the child’s care plan (including the administration of insulin and glucagon) were reasonable modifications under the ADA that Creative Interventions staff should have provided, with proper training.

Under the terms of the settlement agreement, Creative Interventions has agreed not to discriminate against children with disabilities in the future.  Creative Interventions will also implement new policies and procedures for handling requests for reasonable modifications that are consistent with the ADA and will provide training to its staff on the ADA.

As part of the settlement, Creative Interventions has also agreed that, where a child’s parents and health care team consent, its non-medical staff will obtain training and provide routine diabetes care for children with Type 1 Diabetes, including monitoring a child’s CGM and administering glucagon and insulin, if necessary, as reasonable modifications under the ADA.  Creative Interventions has also agreed to pay $15,000 to the complainant in this matter.

“Children with diabetes and their families are entitled to equal access to child care and health care,” said U.S. Attorney Avery.  “I thank Creative Interventions for cooperating The settlement agreement is effective for three years, and the U.S. Attorney’s Office will monitor compliance during that time.

This matter was handled by Assistant U.S. Attorney Stewart C. Dearing.

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700 and ask for the Civil Rights Intake Specialist.

Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).  More information about the Department of Justice Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.