The Justice Department has filed a lawsuit against the State of Maine, alleging that the state has unnecessarily segregated children with behavioral health disabilities in hospitals, residential facilities, and a state-operated juvenile detention facility. This action is claimed to be in violation of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.
In June 2022, the department had previously notified Maine of its findings through a letter identifying steps needed to address these civil rights violations.
“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,” stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to ensuring that people with disabilities can get the services they need to remain at home with their families and loved ones, in their communities.”
U.S. Attorney Darcie N. McElwee for the District of Maine emphasized the importance of local access: “Families across Maine must be able to access local community-based services for their children with behavioral health disabilities. The alleged violations identified by the Justice Department must be remedied so that these children and their families can obtain services in their own communities, as required by the Americans with Disabilities Act.”
Under both ADA regulations and the Olmstead decision, state and local governments are required to provide services for children with disabilities in integrated settings appropriate for each child’s needs. These services may include assistance with daily activities, behavior management, individual or family counseling, and crisis intervention services designed to prevent institutionalization during mental health crises.
According to the lawsuit, Maine's current system administration limits community-based behavioral health services. Consequently, many children must enter various facilities—including out-of-state locations or Long Creek Youth Development Center—to receive necessary care. Families face significant challenges keeping their children at home due to insufficient service availability.
The Civil Rights Division’s Disability Rights Section conducted this investigation alongside assistance from the U.S. Attorney’s Office for the District of Maine.
For further information on ADA provisions or community integration topics, individuals can contact the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov/topics/community-integration/. Additional details about the Civil Rights Division are available at www.justice.gov/crt.