Justice Department Claims Maine Is Violating the ADA

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<img alt="Illustrated words A D A | Americans With Disabilities Act written in chalk on blackboard." src="https://cdn.elderlawanswers.com/common/uploads/photos/20681-A D A - Americans With Disabilities Act AdobeStock_398186441-resized.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:286px" />The U.S. Department of Justice <a href="https://www.justice.gov/opa/pr/justice-department-sues-maine-violating-americans-disabilities-act" target="_self">sued the State of Maine</a> on September 9, 2024, alleging the state is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating children with behavioral health disabilities. The Justice Department claims that hundreds of children are ending up in hospitals, residential facilities, and a state-operated juvenile detention center because the state is not providing the services necessary for these children to receive the help they need in their communities. In a <a href="https://www.justice.gov/opa/pr/justice-department-finds-maine-violation-ada-over-institutionalization-children-disabilities" target="_self">letter sent to the State of Maine</a> on June 22, 2022, the Justice Department’s Civil Rights Division notified the state that it is violating Title II of the ADA and explained the nature of these violations, including ways in which the state could resolve them. The September 9 lawsuit is a result of Maine not adequately rectifying the issues. In the complaint, the Justice Department cites the U.S. Supreme Court’s ruling in the landmark <a href="https://supreme.justia.com/cases/federal/us/527/581/" target="_self">Olmstead v. L.C.</a> case. In this case, the Supreme Court held that Title II prohibits the unjustified segregation of individuals with disabilities. Based on this decision, “public entities are required to provide community-based services when (a) such services are appropriate, (b) the affected individuals do not oppose community-based treatment, and (c) community-based services can be reasonably accommodated, taking into account the resources available to the entity and the needs of other people with disabilities.” 527 U.S. 581, 597 (1999) In U.S. v. State of Maine, the Justice Department claims that Maine’s community-based services are too often unavailable when children with behavioral health disabilities need them. This results in unnecessary segregation or serious risk of such segregation. Some of the issues raised in the complaint are: <ul> <li>Children in Maine who have behavioral health disabilities often have to wait for months to access the community-based services they need. Since community-based services are not readily available, many of these children end up in institutions and are separated from their families and communities.</li> <li>Maine is not investing enough in community-based providers. Due to a shortage of providers, when children with behavioral health disabilities need help, they too often have to be institutionalized to receive the care they need. This, again, takes them away from their families and communities.</li> <li>Maine’s crisis services are often unavailable to help families with a child who is experiencing a behavioral health crisis. When services are not available, crisis staff have advised families to take their child to a hospital or to call the police. Law enforcement officers are not mental health professionals and have limited options to handle these situations. The results of such encounters are too often more negative than positive and can lead to the child being institutionalized.</li> <li>After law enforcement officers have become involved, some children have been charged with crimes based on their disability-related behaviors. This can lead to them being sent to, and kept in, Maine’s state-operated juvenile detention center. The Justice Department contends that if community-based services were more accessible, fewer children would end up in the juvenile detention center.</li> <li>Maine is failing to recruit, train, and support enough Therapeutic Foster Care parents who would be able to provide adequately structured foster homes for children with behavioral health disabilities. Because of this, some foster children with behavioral health disabilities remain in segregated settings, such as psychiatric hospitals, long after they are ready to be discharged.</li> </ul> The Justice Department is requesting the court to order the State of Maine to: <ol> <li>“Cease discriminating against children with behavioral health disabilities, and instead provide them appropriate, integrated community-based services consistent with their individual needs, so that currently segregated children can transition to living at home, and to prevent children at serious risk of unnecessary segregation from entering institutions; and  </li> <li>Take steps as may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate the effects of Maine’s unlawful conduct.”</li> </ol> <a href="https://www.justice.gov/crt/media/1366626/dl" target="_self">Read the full complaint</a>. Questions? Call us: (866) 296-5509

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Illustrated words A D A | Americans With Disabilities Act written in chalk on blackboard. The U.S. Department of Justice sued the State of Maine on September 9, 2024, alleging the state is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating children with behavioral health disabilities. The Justice Department claims that hundreds of children are ending up in hospitals, residential facilities, and a state-operated juvenile detention center because the state is not providing the services necessary for these children to receive the help they need in their communities.

In a letter sent to the State of Maine on June 22, 2022, the Justice Department’s Civil Rights Division notified the state that it is violating Title II of the ADA and explained the nature of these violations, including ways in which the state could resolve them. The September 9 lawsuit is a result of Maine not adequately rectifying the issues.

In the complaint, the Justice Department cites the U.S. Supreme Court’s ruling in the landmark Olmstead v. L.C. case. In this case, the Supreme Court held that Title II prohibits the unjustified segregation of individuals with disabilities. Based on this decision, “public entities are required to provide community-based services when (a) such services are appropriate, (b) the affected individuals do not oppose community-based treatment, and (c) community-based services can be reasonably accommodated, taking into account the resources available to the entity and the needs of other people with disabilities.” 527 U.S. 581, 597 (1999)

In U.S. v. State of Maine, the Justice Department claims that Maine’s community-based services are too often unavailable when children with behavioral health disabilities need them. This results in unnecessary segregation or serious risk of such segregation.

Some of the issues raised in the complaint are:

Children in Maine who have behavioral health disabilities often have to wait for months to access the community-based services they need. Since community-based services are not readily available, many of these children end up in institutions and are separated from their families and communities.
Maine is not investing enough in community-based providers. Due to a shortage of providers, when children with behavioral health disabilities need help, they too often have to be institutionalized to receive the care they need. This, again, takes them away from their families and communities.
Maine’s crisis services are often unavailable to help families with a child who is experiencing a behavioral health crisis. When services are not available, crisis staff have advised families to take their child to a hospital or to call the police. Law enforcement officers are not mental health professionals and have limited options to handle these situations. The results of such encounters are too often more negative than positive and can lead to the child being institutionalized.
After law enforcement officers have become involved, some children have been charged with crimes based on their disability-related behaviors. This can lead to them being sent to, and kept in, Maine’s state-operated juvenile detention center. The Justice Department contends that if community-based services were more accessible, fewer children would end up in the juvenile detention center.
Maine is failing to recruit, train, and support enough Therapeutic Foster Care parents who would be able to provide adequately structured foster homes for children with behavioral health disabilities. Because of this, some foster children with behavioral health disabilities remain in segregated settings, such as psychiatric hospitals, long after they are ready to be discharged.

The Justice Department is requesting the court to order the State of Maine to:

“Cease discriminating against children with behavioral health disabilities, and instead provide them appropriate, integrated community-based services consistent with their individual needs, so that currently segregated children can transition to living at home, and to prevent children at serious risk of unnecessary segregation from entering institutions; and
Take steps as may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate the effects of Maine’s unlawful conduct.”

Read the full complaint.

<img alt="Illustrated words A D A | Americans With Disabilities Act written in chalk on blackboard." src="https://cdn.elderlawanswers.com/common/uploads/photos/20681-A D A - Americans With Disabilities Act AdobeStock_398186441-resized.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:286px" />The U.S. Department of Justice <a href="https://www.justice.gov/opa/pr/justice-department-sues-maine-violating-americans-disabilities-act" target="_self">sued the State of Maine</a> on September 9, 2024, alleging the state is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating children with behavioral health disabilities. The Justice Department claims that hundreds of children are ending up in hospitals, residential facilities, and a state-operated juvenile detention center because the state is not providing the services necessary for these children to receive the help they need in their communities. In a <a href="https://www.justice.gov/opa/pr/justice-department-finds-maine-violation-ada-over-institutionalization-children-disabilities" target="_self">letter sent to the State of Maine</a> on June 22, 2022, the Justice Department’s Civil Rights Division notified the state that it is violating Title II of the ADA and explained the nature of these violations, including ways in which the state could resolve them. The September 9 lawsuit is a result of Maine not adequately rectifying the issues. In the complaint, the Justice Department cites the U.S. Supreme Court’s ruling in the landmark <a href="https://supreme.justia.com/cases/federal/us/527/581/" target="_self">Olmstead v. L.C.</a> case. In this case, the Supreme Court held that Title II prohibits the unjustified segregation of individuals with disabilities. Based on this decision, “public entities are required to provide community-based services when (a) such services are appropriate, (b) the affected individuals do not oppose community-based treatment, and (c) community-based services can be reasonably accommodated, taking into account the resources available to the entity and the needs of other people with disabilities.” 527 U.S. 581, 597 (1999) In U.S. v. State of Maine, the Justice Department claims that Maine’s community-based services are too often unavailable when children with behavioral health disabilities need them. This results in unnecessary segregation or serious risk of such segregation. Some of the issues raised in the complaint are: <ul> <li>Children in Maine who have behavioral health disabilities often have to wait for months to access the community-based services they need. Since community-based services are not readily available, many of these children end up in institutions and are separated from their families and communities.</li> <li>Maine is not investing enough in community-based providers. Due to a shortage of providers, when children with behavioral health disabilities need help, they too often have to be institutionalized to receive the care they need. This, again, takes them away from their families and communities.</li> <li>Maine’s crisis services are often unavailable to help families with a child who is experiencing a behavioral health crisis. When services are not available, crisis staff have advised families to take their child to a hospital or to call the police. Law enforcement officers are not mental health professionals and have limited options to handle these situations. The results of such encounters are too often more negative than positive and can lead to the child being institutionalized.</li> <li>After law enforcement officers have become involved, some children have been charged with crimes based on their disability-related behaviors. This can lead to them being sent to, and kept in, Maine’s state-operated juvenile detention center. The Justice Department contends that if community-based services were more accessible, fewer children would end up in the juvenile detention center.</li> <li>Maine is failing to recruit, train, and support enough Therapeutic Foster Care parents who would be able to provide adequately structured foster homes for children with behavioral health disabilities. Because of this, some foster children with behavioral health disabilities remain in segregated settings, such as psychiatric hospitals, long after they are ready to be discharged.</li> </ul> The Justice Department is requesting the court to order the State of Maine to: <ol> <li>“Cease discriminating against children with behavioral health disabilities, and instead provide them appropriate, integrated community-based services consistent with their individual needs, so that currently segregated children can transition to living at home, and to prevent children at serious risk of unnecessary segregation from entering institutions; and  </li> <li>Take steps as may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate the effects of Maine’s unlawful conduct.”</li> </ol> <a href="https://www.justice.gov/crt/media/1366626/dl" target="_self">Read the full complaint</a>.

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Justice Department Claims Maine Is Violating the ADA

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