Families of children with disabilities frustrated with state for fighting judge's order

More than 16,000 North Carolina families, whose children have disabilities, are still waiting for the state to cover the cost of their care.

Tuesday, the state announced it's fighting a judge's order that would require them to address that.

It's a decision that's sparked outrage among disability advocates.

Just last month a judge said the state needed to do more to offer care for those with physical, intellectual, and developmental disabilities.

That would include reducing reliance on places like the one in Butner and other large, state-run institutions instead of focusing more on in-home care.

Now the state is appealing that judge's order.

North Carolina Department of Health and Human Services Secretary Kody Kinsley says his office is pushing back only because they will be releasing a better plan.

"While the department is deeply aligned with many aspects of that decision, I have grave concerns about key pieces of that decision that would limit choices for individuals," Kinsley said.

The move to appeal is not sitting well with disability rights advocates, including Tim Rhoney.

"I'm not surprised," Rhoney said. "It shows the state's true colors."

Rhoney said his daughter was forced into an institution in 2015 because the state stopped paying for her in-home care.

His daughter is 34-year-old Samantha Rhoney. His family's lawsuit prompted the judge's most recent order, which includes:

• Moving people out of institutions and into community-based settings, where appropriate
• Helping the 16,000 people on a wait list for waivers to help pay for care
• Quarterly progress reports on those goals

Those changes would easily cost hundreds of millions of dollars.

Rhoney believes without the judge's order, the state will have no incentive to address the issues.

"Unless somebody is monitoring them, they will never follow through with what they're saying," Rhoney said.

Rhoney said, thanks to the lawsuit, his daughter was moved to her own home with 24/7 care, where she has more freedom, and is much happier.

"They took her out the other day to get ice cream and pizza," Rhoney said. "They gave her a party there. Her birthday was yesterday."

He believes his daughter's situation is secure, regardless of an appeal.

Secretary Kinsley assures North Carolinians he is working toward the best solution.