The U.S. Department of Justice announced today it is suing the State of Maine, citing claims that the state's handling of children with behavioral disabilities violates the Americans with Disabilities Act.
The lawsuit alleges the state has failed to provide services for children with behavioral disabilities in their homes, segregating them in hospitals, residential facilities and the Long Creek Youth Development Center.
"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," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, in a statement.
Nancy Cronan, executive director of the Maine Developmental Disabilities Council, said in some cases children have spent months in hospitals waiting for placement, and a growing number have been sent to facilities out of state.
"So what the DOJ is saying is, if we had a system of care that helped these children in a timely way, we wouldn't need these as many higher levels of care," she said. "And right now, I would argue that there's almost no level of care there."
The Department of Justice's investigation was prompted by a complaint from the advocacy group Disability Rights Maine- including a 2022 letter to the state outlining the issues with the state's behavioral health care system.
But the suit argues that in the last two years, the state has prioritized expanding institutional services, rather than taking steps to prevent or resolve unnecessary segregation.
Atlee Reilly is a managing attorney at Disability Rights Maine.
"The reality for families on the ground, as far as we can tell, hearing from families, hearing from others that work with families, really hasn't shifted in any meaningful way," Reilly said.
A spokesperson for the Maine Department of Health and Human Services said in a statement that the state is "deeply disappointed" by the lawsuit and will continue to work to strengthen vital behavioral health services.
A spokesperson for the Office of the Maine Attorney General declined to comment, citing pending litigation.
