June 26, 2026
Under the approved agreement, Alabama will implement new safeguards, assessments and family-based placement options
MONTGOMERY, Ala. — After nearly five years of litigation, a federal judge has approved a settlement agreement that establishes new safeguards protecting children in foster care with mental health disabilities against unnecessary institutionalization. The Southern Poverty Law Center (SPLC), the Alabama Disabilities Advocacy Program (ADAP) and Children’s Rights filed the federal class action lawsuit in 2021, arguing that the state’s administration of its foster care system violated the Americans with Disabilities Act (ADA) by isolating children with disabilities and placing them in harmful institutions.
Under the settlement in C.C. v. Buckner, Alabama will institute standardized assessments for children at risk of being placed in psychiatric residential treatment facilities (PRTF) to ensure that placement decisions are based on clinical necessity.
“For far too long, children with disabilities in Alabama’s foster care system have been separated from their communities and denied meaningful childhood experiences,” said Claire Sherburne, senior staff attorney, SPLC. “Institutional placements have too often operated as restrictive and harmful substitutes for robust community-based support, producing worse outcomes for children while purporting to provide care. The approved settlement marks a necessary shift towards integration, paving the way for all children to learn, play and grow in their communities — not institutions.”
The settlement also requires Alabama to strengthen Individualized Service Planning through six-month quality reviews and place children in community-based and family-like placements, including kinship care and therapeutic foster care. During litigation, experts raised concerns about the treatment of children in PRTFs and noted that their isolation from community and loved ones could result in more harmful life outcomes.
“Alabama’s foster care system is intended to protect children and provide the treatment, support and opportunities they need to thrive. Children with disabilities deserve the same chance as every other child in Alabama to grow into responsible, productive adults who can contribute to their communities and society,” said Larry Canada, legal director, ADAP. “Educational services were frequently not age- or grade-appropriate, treatment was not tailored to individual needs, and many children languished in substandard conditions without meaningful opportunities for growth and development. I commend the commissioner and the leadership at Alabama DHR for taking this important step to improve the lives and futures of Alabama’s children.”
While this settlement is an important victory for children with disabilities, advocates pledged to continue pursuing future litigation to ensure all people with disabilities are treated with dignity in Alabama and beyond.
“Today is a great day for the children in foster care in Alabama who for years have endured trauma trapped in dangerous settings where, instead of receiving the care they need, they are isolated from their families while their health deteriorates. We are grateful to the named plaintiffs in our case — your courage and commitment to change inspired our work,” said Lindsey Frye, lead attorney at Children’s Rights. “We look forward to working with state officials to begin a process that will ensure children are protected from harm and provided with mental health services in a loving home, within their own communities.”
Media Contacts
SPLC, press@splcenter.org
Children’s Rights, Camilla Jenkins, cjenkins@childrensrights.org
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About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements and advance the human rights of all people. For more information, visit www.splcenter.org.
About Children’s Rights
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.
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In the News
- Case Name
- A.A. v. Buckner
- Status
- Active
Children’s Rights, the Alabama Disabilities Advocacy Program, and the Southern Poverty Law Center filed A.A. v. Buckner against the Alabama Department of Human Resources (DHR) on behalf of children in foster care living with mental health impairments who are held in psychiatric residential treatment facilities (PRTFs).
Child Health, Government Accountability, Institutionalization
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