Maine has reached a settlement agreement in a federal lawsuit that aims to ensure children can receive behavioral health services in the community.
The U.S. Department of Justice sued Maine in September, two years after it notified the state over concerns it was in violation of the Americans with Disabilities Act. The lawsuit alleged Maine relied too much on providing behavioral health services to children in segregated settings such as hospitals and residential and juvenile detention facilities.
Under the settlement, Maine is required to do more to ensure children get the help they need in their communities. That includes timely access to care, prompt crisis services, and bolstering the workforce through more training and better payment rates. The state has already committed $260 million toward these efforts.
Atlee Reilly of Disability Rights Maine said even though the state has taken some steps, "We haven't seen that translate into services on the ground for kids and families in any significant way," he said. "And in some respects, things seem significantly worse certainly than when we filed the complaint."
Reilly says it will take significant focus and resources to deliver on the promises in the agreement. Even so, he says the settlement agreement marks a good day for Maine children.
In a written statement, Governor Janet Mills said she's pleased with the settlement. She said she shared many of the DOJ's concerns and has worked with the legislature to strengthen behavioral health services.
"While I am confident that the State of Maine would have prevailed if we pressed forward with a defense, I asked myself, 'At what cost?' Protracted, expensive litigation would only have detracted from what's most important — continuing to improve our children's behavioral health system," Mills said.
Maine's compliance with the agreement will be tracked over the next six years by an independent reviewer.
