Justice Department Enters Settlement with Rainbow River Child Development Center on Care for Children with Diabetes

WASHINGTON – The Department of Justice and the Rainbow River Child Development Center of Hawthorne, Calif., have joined in a settlement agreement to assure that children with diabetes will receive appropriate care so that they may participate fully in the programs and activities at the center.

The settlement was entered today to resolve a complaint filed with the department by parents of a five-year-old boy with Type I diabetes. The complaint alleged that Rainbow River refused in 2008 to provide proper diabetes care management. Under the previous policies and practices, a child’s parent was required to come at lunch and snack times to supervise the child’s use of an insulin pump. It was also alleged that the center would not allow the child to participate in field trips. Insulin pumps are commonly used in lieu of routine insulin injections, especially by children. In many cases, pumps offer a better quality of insulin administration and the ease of use.

The complaint was filed under Title III of the Americans with Disabilities Act (ADA), which covers public accommodations including private child care centers. Rainbow River denies any allegations of ADA violation, and has cooperatively joined in the settlement of these claims.

"A child with Type I diabetes should never be subjected to discrimination and denied the opportunity to participate in the same activities as all other children. Child care centers must make reasonable modifications of policies to permit children with disabilities to participate fully in the programs it offers, unless doing so would cause a fundamental alteration in the program or service," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We commend Rainbow River for working cooperatively with the department on today’s settlement, and for welcoming children and families of children with disabilities."