Maine has entered into a settlement agreement with the U.S. Department of Justice (DOJ) aimed at improving behavioral health services for children with disabilities. The agreement follows a lawsuit filed earlier this year by the DOJ, which alleged that Maine’s practices of segregating children with behavioral health disabilities in institutional settings violated the Americans with Disabilities Act (ADA).
Addressing the Issue of Institutionalization
The DOJ’s lawsuit highlighted concerns over the state’s practice of unnecessarily confining children with behavioral health disabilities in institutions, away from their families. The department argued that this practice deprived children of the right to live in community-based settings, as guaranteed by the ADA. Investigators also noted that children were often placed in emergency department stays or institutional care, rather than receiving necessary services within their homes or foster families.
The settlement requires Maine to make significant changes, including increasing the availability of community-based behavioral health services. These changes are designed to help children remain with their families or foster families and prevent the need for institutionalization. The settlement also requires the state to facilitate the transition of children currently in institutions back to community-based care.
Governor Mills Highlights State Efforts to Improve Behavioral Health Services
Maine Governor Janet Mills praised the settlement as a step forward in improving services for children with disabilities. In a statement, she emphasized that her administration and the Maine Legislature have made significant investments in enhancing behavioral health services for children. The state has allocated $260 million toward improving these services, a commitment that is reflected in recent progress.
Governor Mills pointed to a decline in the number of children in residential treatment, with the number of children receiving in-state care dropping from 290 to 192, and the number of children in out-of-state care falling from 250 to 69. These improvements underscore Maine’s dedication to ensuring children with disabilities receive the care they need in the most supportive and family-centered environments.
A Step Toward Greater Access to Family-Based Care
The settlement marks a significant move toward greater accessibility to community-based care for children with disabilities. By addressing the systemic issues that led to institutionalization, the agreement ensures that children will have more opportunities to live with their families and receive behavioral health services in more familiar and supportive settings.
As part of the settlement, Maine will also be required to implement new procedures and resources to ensure that children currently in institutions are moved to appropriate community-based care settings. The goal is to foster long-term improvements in the state’s behavioral health system, allowing children to thrive in environments that support their development and well-being.
