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This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ), in response to a complaint it received from Disability Rights Maine, the protection and advocacy agency for people with disabilities in Maine. Disability Rights Maine filed a complaint on behalf of a group of children with disabilities, alleging that the children could not access needed community-based services, resulting in their institutionalization or the risk of their institutionalization, in violation of Title II of the Americans with Disabilities Act (ADA).
Following a thorough investigation, the DOJ detailed its findings in a letter to the Governor and Attorney General of Maine on June 22, 2022, concluding that Maine violated the ADA by failing to provide behavioral health services to children in the most integrated setting appropriate to their needs, typically in their homes and communities instead of in institutions. The DOJ determined that Maine failed to provide adequate community based services, leading to the unnecessary segregation of hundreds of children in institutions, and placing others at serious risk of institutionalization. Despite promoting behavioral health services through its Medicaid program, the state did not make these services available in a meaningful or timely manner. The shortcomings included lengthy waitlists for services, a lack of sustained providers, understaffed crisis services, and a scarcity of Treatment Foster Care providers (a specialized service in which foster parents are trained, supervised, and supported by qualified staff to meet the needs of children in their care who have behavioral health needs). Maine was aware of these issues for a long time, yet the experiences of families struggling to access services remained largely unchanged, and children remained institutionalized long after they were ready for discharge.
The DOJ recommended remedial measures to modify Maine’s services and prevent the unnecessary segregation of children. The proposed modifications included ensuring access to community-based services, addressing waitlists, providing crisis services instead of law enforcement response, allocating resources for trained providers, and implementing a policy to prohibit the refusal of services to eligible children. The DOJ emphasized the importance of evidence-based screening for service needs, improving access to existing community programs, and providing crisis services to prevent institutionalization. It also urges the state to address waitlists, invest in community-based services, and allocate resources for trained providers.
As of December 2023, negotiations to reach a settlement appear to be ongoing.
Summary Authors
Simran Takhar (12/2/2023)
Last updated Aug. 30, 2023, 1:37 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Maine
Case Type(s):
Special Collection(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
U.S. Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Foster care (benefits, training)
Reassessment and care planning
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Placement in mental health facilities
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health:
Intellectual/Developmental Disability
Intellectual disability/mental illness dual diagnosis
Type of Facility: