The U.S. Department of Justice (DOJ) recently filed a lawsuit against the state of Maine, alleging the state has violated the civil rights of children with behavioral health disabilities. According to the complaint, Maine has not provided appropriate community-based services, leaving families of children with such disabilities with “no meaningful choice” but to place their children in institutions. This practice is alleged to constitute discrimination under Title II of the Americans with Disabilities Act (ADA).
The DOJ emphasized that Maine’s actions breach the U.S. Supreme Court’s ruling in Olmstead v. LC, which mandates that state and local governments ensure the services they provide for children with disabilities are available in the most integrated setting suited to each child’s needs. The department has requested that the court compel Maine to offer integrated, community-based services, rather than “unnecessarily segregating” them in institutions.
The DOJ’s findings, published in a 2022 letter to Maine Governor Janet Mills, reveal that the state maintains long waitlists for community-based services, lacks investment in community-based providers, and fails to ensure the availability of crisis services. Consequently, Maine is accused of not providing appropriate integrated services and over-relying on segregated settings like hospitals and residential treatment facilities.
In response, the Maine Department of Health and Human Services (DHHS) stated that they had been attempting to work cooperatively with the DOJ to address these concerns. The DHHS voiced their disappointment that the DOJ opted to proceed with litigation rather than continuing collaborative efforts to enhance the delivery of children’s behavioral health services.
The civil rights-focused lawsuit focuses on ensuring that children with behavioral health disabilities receive services in settings that allow them to stay at home with their families, rather than being unnecessarily placed in institutional care.