The Department of Justice has taken drastic action against the state of Maine, bringing to light a significant issue in the fight for children’s mental health services.
At a Glance
- The U.S. Department of Justice (DOJ) has sued the state of Maine for segregating children with behavioral health disabilities in institutional settings.
- The lawsuit claims Maine is violating the Americans with Disabilities Act (ADA) and the Supreme Court’s Olmstead v. L.C. decision.
- Maine children with disabilities are forced into emergency rooms or institutions due to inadequate community-based services.
- Maine’s crisis hotline and mobile crisis teams are frequently unavailable, causing long waits for community services.
DOJ Sues Maine Over ADA Violations
The U.S. Department of Justice has taken legal action against Maine, claiming the state violated the Americans with Disabilities Act by failing to provide adequate mental health services to children with disabilities. The complaint alleges Maine’s shortcomings have led to the unnecessary institutionalization of these children, contrary to the Supreme Court’s Olmstead v. L.C. decision.
Locked doors and institutional settings have become a grim reality for Maine children with behavioral health issues. Despite guidelines set by the ADA, these children face segregation in hospitals and juvenile detention facilities, isolated from their families and communities.
DOJ sues state of Maine over ADA violations involving children | Click on the image to read the full story https://t.co/4NmFizWozG
— WMTW TV (@WMTWTV) September 9, 2024
Civil Rights Violations and Their Impact
The lawsuit, filed on September 9, 2024, asserts that Maine’s limited community-based health services push children into emergency rooms or confine them to institutional settings. The DOJ highlighted Maine’s frequent unavailability of crisis hotlines and overstretched mobile crisis teams, contributing to prolonged wait times for community-based services, sometimes extending up to 357 days.
“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,” stated Assistant Attorney General Kristen Clarke.
Maine’s Attorney General’s office and the Department of Health and Human Services (DHHS) have responded to the litigation, expressing disappointment over the lawsuit. According to DHHS, the state has been actively working with DOJ to address the issues raised and continues to make investments to strengthen behavioral health services for children.
Future Actions and Commitments
The Civil Rights Division’s Disability Rights Section, alongside the U.S. Attorney’s Office for the District of Maine, emphasizes the need for community-based services, such as daily activity assistance, behavior management, and individual or family counseling. This lawsuit marks a crucial step towards rectifying the ongoing violations and ensuring children receive necessary services within their communities.
“Families across Maine must be able to access local community-based services for their children with behavioral health disabilities,” affirmed U.S. Attorney Darcie N. McElwee.
This pressing issue underscores the state’s responsibilities to uphold children’s rights to adequate mental health care under federal law, making the pending litigation a crucial turning point for the future of disability rights and mental health services in Maine.
