The U.S. Department of Justice (DOJ) has filed a lawsuit against the state of Maine, accusing it of violating the civil rights of children with behavioral health disabilities.
The DOJ claims Maine has failed to provide adequate community-based services, forcing families to place their children in institutions rather than allowing them to remain at home.
The lawsuit, filed under the Americans with Disabilities Act (ADA), alleges that Maine’s actions constitute discrimination by not offering families a “meaningful choice” other than institutional care.
According to the DOJ, Maine could prevent this “segregation” by improving its community-based service system, allowing children with disabilities to receive care in the most integrated setting possible.
The case hinges on the U.S. Supreme Court’s 1999 ruling in Olmstead v. L.C., which mandates that individuals with disabilities should be placed in community settings rather than institutions when appropriate.
The DOJ asserts that Maine’s failure to invest in community care and long wait times for services have unnecessarily forced children into segregated environments like hospitals and residential treatment facilities.
Assistant Attorney General Kristen Clarke of the DOJ Civil Rights Division emphasized the department’s commitment to ensuring that children with disabilities receive services at home and in their communities, stating:
“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.”
The DOJ’s lawsuit follows a 2022 letter to Maine Governor Janet Mills, where the department detailed its findings, highlighting Maine’s deficiencies in crisis services and community-based care.
The Maine Department of Health and Human Services (DHHS) expressed disappointment with the lawsuit, stating that it had been working with the DOJ to address the concerns raised.
“We are deeply disappointed that the U.S. has decided to sue the state rather than continue our collaborative, good-faith effort to strengthen the delivery of children’s behavioral health services,” the DHHS said in a statement.
The DOJ’s lawsuit seeks to compel Maine to improve its community-based services, ensuring that children with behavioral health disabilities are not unnecessarily institutionalized.
DOJ lawsuit, Maine, behavioral health disabilities, civil rights, Americans with Disabilities Act, Olmstead v. L.C., community-based services, discrimination, institutionalization, children with disabilities, 342.73 (Civil Rights Law),
