DOJ Sues Maine Over Segregation of Children with Behavioral Health Disabilities

The U.S. Department of Justice (DOJ) has initiated legal action against the state of Maine, asserting that the state's practices violate the rights of children with behavioral health disabilities. This lawsuit, filed approximately 2 years and 3 months ago, alleges that Maine unnecessarily segregates these children in institutional settings, contravening federal disability laws.

The legal action stems from Maine's alleged non-compliance with the Americans with Disabilities Act (ADA) and the landmark Olmstead v. L.C. Supreme Court decision of 1999. These legal frameworks aim to ensure that individuals with disabilities are not unjustly isolated while receiving government assistance. The DOJ contends that Maine's current system fails to provide adequate community-based services, forcing many children into hospitals, residential facilities, and even the state-operated juvenile detention center.

Kristen Clarke, an assistant attorney general with the DOJ's Civil Rights Division, emphasized the state's responsibility to safeguard its residents, particularly children with behavioral health disabilities. She stated that these children should not be confined away from their families and community resources.

Maine, the northeasternmost state in the contiguous United States, has responded to the allegations. Lindsay Hammes, a spokesperson for the state's Department of Health and Human Services, expressed disappointment in the DOJ's decision to pursue legal action rather than continue collaborative efforts to enhance children's behavioral health services. Hammes affirmed that Maine would "vigorously defend itself" against the lawsuit.

The state administration, led by Governor Janet Mills, has previously acknowledged the need for improvement in this area. In 2022, approximately 2 years and 6 months ago, Mills identified enhancing behavioral health services for Maine's children as a priority. However, the administration also noted that the system's shortcomings predated the current leadership and were exacerbated by the COVID-19 pandemic.

Advocates for disability rights have welcomed the DOJ's lawsuit. Atlee Reilly, managing attorney for Disability Rights Maine, pointed out that despite calls for over a decade to ensure the availability of necessary services, Maine has failed to comply fully with the Olmstead decision, even 25 years after its issuance.

The lawsuit highlights the critical need for community-based behavioral health services, including assistance with daily activities, behavior management, and individual or family counseling. These services are essential in preventing children from being institutionalized during mental health crises and ensuring they receive care in the most integrated setting appropriate to their needs.

"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."

One focal point of the debate is the Long Creek Youth Development Center, Maine's state-operated juvenile detention facility. The future of this institution, originally established in 1853 as the State Reform School, has been a subject of intense discussion in recent years. In 2021, approximately 3 years and 3 months ago, Governor Mills vetoed a bill proposing its closure.

As this legal battle unfolds, it underscores the ongoing challenges in providing appropriate care for children with behavioral health disabilities. Maine, known as the "Pine Tree State" and home to over 1.3 million residents, now faces the task of addressing these issues while defending its practices in court. The outcome of this case could have significant implications for disability rights and childcare policies not only in Maine but potentially across the United States.