Maine is accused by the U.S. Department of Justice of needlessly segregating children with behavioral health disabilities in various facilities such as hospitals, residential homes, and a state-run juvenile detention center, according to a lawsuit filed on Monday. The Department of Justice asserts that Maine’s actions violate the Americans with Disabilities Act and the Supreme Court’s 1999 Olmstead ruling, which aims to prevent unnecessary isolation of individuals with disabilities who are receiving government assistance.
In a letter sent in June 2022, the Justice Department informed Maine of its findings of civil rights violations and criticized the lack of adequate community-based services that would enable these children to remain in their homes. Among its recommendations were for Maine to allocate more state resources to support a pool of community-based service providers and to enforce a policy that mandates providers to serve eligible children and prohibits the refusal of services.
Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division emphasized that Maine has a duty to protect all its residents, especially children with behavioral health disabilities, and that these children should not be separated from their families and community resources.
Responding to the allegations, Lindsay Hammes, a spokesperson for the state Department of Health and Human Services, stated that the governor and Legislature have been working towards enhancing behavioral health services for children. The DHHS has collaborated with the Justice Department to address the initial claims made in 2022.
Despite efforts to improve behavioral health services, the state of Maine is now facing a lawsuit from the U.S. DOJ, with the state vowing to defend itself vigorously, Hammes confirmed.
Advocates have welcomed the legal action, pointing out that 25 years after the Olmstead decision, children and families in Maine are still waiting for the state to comply with the ruling. Atlee Reilly, managing attorney for Disability Rights Maine, expressed disappointment that despite over a decade of calls for more services, Maine has failed to act, leading to the necessity of the lawsuit.
The lawsuit alleges that Maine’s administration restricts community-based behavioral health services, forcing children to enter facilities like the state-operated Long Creek Youth Development Center for behavioral health services. Some children are at risk of institutionalization as families struggle to keep them home due to inadequate services. The future of the Long Creek facility has been a topic of debate, with Governor Mills vetoing a bill to close it in 2021.
