The U.S. Justice Department filed a lawsuit against the State of Maine on Tuesday, alleging that the state is violating the Americans with Disabilities Act (ADA) by unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a state-operated juvenile detention facility.
The lawsuit claims that Maine’s system for providing behavioral health services to children is inadequate, forcing many families to seek care for their children in institutional settings, often far from home.
This practice, the Justice Department argues, violates the ADA and the Supreme Court’s landmark decision in Olmstead v. L.C., which requires states to provide services to individuals with disabilities in the most integrated setting possible.
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“The State of Maine has an obligation to protect its residents, including children with behavioral health disabilities, and such children should not be confined to facilities away from their families and community resources,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to ensuring that people with disabilities can get the services they need to remain at home with their families and loved ones, in their communities.”
“Families across Maine must be able to access to local community-based services for their children with behavioral health disabilities,” said U.S. Attorney Darcie N. McElwee for the District of Maine. “The alleged violations identified by the Justice Department must be remedied so that these children and their families can obtain services in their own communities, as required by the Americans with Disabilities Act.”
The lawsuit highlights the lack of community-based behavioral health services in Maine, including crisis services that could help prevent children from being institutionalized during mental health emergencies.
Without these services, children with disabilities are more likely to end up in emergency rooms, come into contact with law enforcement, or be placed in institutions when they could otherwise remain with their families.
The Justice Department is seeking a court order requiring Maine to remedy these violations and ensure that children with behavioral health disabilities receive the services they need in their own communities. Sources and related content
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