The U.S. Department of Justice has reached a settlement with the state of Maine to address allegations that the state violated Title II of the Americans with Disabilities Act (ADA) and the Supreme Court's decision in Olmstead v. L.C. The lawsuit claimed that Maine unnecessarily segregated children with behavioral health disabilities in psychiatric hospitals, residential facilities, and a state-operated juvenile detention facility.
Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division stated, "This agreement reflects the Civil Rights Division’s commitment to ensuring that children with disabilities can live at home surrounded by the love and support of their families rather than isolated away in facilities." Clarke emphasized that many children end up in juvenile justice settings or out-of-home placements far from their families, causing potential permanent harm. She noted that under this agreement, more children would have access to community-based services and in-home behavioral health services.
U.S. Attorney Darcie N. McElwee for the District of Maine commented on the importance of accessibility to critical services for Mainers with disabilities, especially children. “Maine’s geographical expanse is a treasure, but children with behavioral health disabilities cannot be needlessly limited to accessing necessary services and supports in facilities away from their families," she said.
The Justice Department had filed its lawsuit against Maine in September after an investigation and notification letter highlighting violations were issued. The suit alleged that Maine restricted families' access to necessary behavioral health services needed for their children to live within their communities.
Under the agreement, Maine is required to make significant improvements including helping hundreds of children remain with their families or foster families, moving children out of institutions like Long Creek juvenile detention facility when appropriate, identifying and providing timely services for eligible children at home, coordinating care for those with intense needs, addressing workforce shortages among community-service providers, improving oversight of these providers, and offering prompt mobile crisis interventions.
The federal district court will maintain jurisdiction over the enforcement of this agreement while an independent reviewer will assess compliance by the state.
This settlement exemplifies ongoing efforts by the Civil Rights Division to enforce ADA's integration mandate nationwide. Recent actions include agreements with Alameda County in California and Colorado as well as court-ordered relief for children in Florida nursing homes.
For more information about the Civil Rights Division or ADA-related inquiries, visit www.justice.gov/crt or www.ada.gov respectively. Reports on possible civil rights violations can be submitted at www.civilrights.justice.gov.
