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Mills administration asks court to end consent decree governing mental health system

A consent decree established more than 30 years ago to govern Maine's mental health system could soon end. Maine's Department of Health and Human Services has filed a request to dissolve it, following the recommendation of the court master who oversees the decree.

The consent decree was put in place in 1990 after 10 patients died at a state psychiatric hospital. It required the state to improve mental health services both in state-run hospitals and in the community.

Three years ago, the decree was updated to focus on 17 specific standards, including timely access to mental health services. The special master who oversees the agreement, retired Maine Supreme Judicial Court Chief Justice Dan Wathen, says the state currently meets most of those standards.

"It didn't require that they be able to meet every need, but that they have a system for responding reasonably to needs," Wathen says. "And they have such a system now."

One important component of that system, says Wathen, is the state's strong relationship with consumer advocacy organizations.

Despite this progress, state lawmakers raised concerns earlier this month about staff safety at the state's two psychiatric hospitals. But Wathen says that issue falls outside of the consent decree's standards.

DHHS Commissioner Sara Gagne-Holmes says her department is committed to maintaining a robust mental health system.

The state's request to dissolve the consent decree will ultimately be the subject of a court hearing.