DOJ Sought to Vacate Ruling on Florida Nursing Care
The motion impacts Florida families seeking reliable nursing services for children with complex medical needs.
Updated on Oct. 6, 2026 in Special Needs
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In August 2026, the Department of Justice moved to vacate a 2023 federal ruling that found Florida violated the Americans with Disabilities Act. This development follows the department's position that Olmstead Guidance lacks the force of law, affecting the state's legal mandates for pediatric nursing care.
Why it matters
The legal shift leaves the future of court-mandated nursing requirements for Florida's medically complex children uncertain. This creates potential gaps for thousands of families currently struggling to secure consistent authorized care hours.
A 2023 federal court order previously required Florida to ensure children receive at least 90% of authorized nursing hours. The DOJ's recent filing seeks to overturn this requirement based on its reevaluation of the legal weight of Olmstead Guidance.
The players
Department of Justice
The federal agency responsible for enforcing civil rights laws, including the Americans with Disabilities Act.
Marilyn Therrell
A Florida resident facing criminal charges related to the care of family members.
Deborah Collier
A Florida resident charged in a criminal case involving a medically complex child in Volusia County.
The details
The original litigation, dating back to 2013, focused on whether Florida was meeting its obligations under Title II of the Americans with Disabilities Act to provide adequate care. The court had mandated that the state collect and report nurse-availability data to track whether children were receiving necessary support. To address persistent shortages, Florida also utilizes the Family Home Health Aide Program, which trains and employs relatives to provide essential aide services when professional nursing is unavailable.
Timeline
The Department of Justice initiated its lawsuit against Florida in 2013.
A federal judge ruled against the state regarding Title II violations in 2023.
The Department of Justice asserted that Olmstead Guidance has no force of law in July 2026.
The motion to vacate the ruling against Florida was filed in August 2026.
Health Landscape
The motion marks a departure from how the Department of Justice has historically used Olmstead Guidance to enforce Title II of the Americans with Disabilities Act. This change highlights ongoing instability in the long-term care landscape for state-supported pediatric health services.
Families managing complex medical needs should continue to track authorized versus received nursing hours carefully. It is worth discussing specific service gaps or changes in home care eligibility with a primary care physician or patient advocate.
The takeaway
The legal environment surrounding pediatric nursing requirements in Florida remains in flux following recent federal filings. Families should prioritize maintaining detailed records of care hours and consult with their medical team about the Family Home Health Aide Program as a supplemental resource.
Further reading
For more information on navigating resources and support for families, visit Special Needs.
Source note: This article includes information reported by WKMG.
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