PORTLAND, Maine (WGME) — The US Department of Justice is suing the state of Maine, claiming the state is unnecessarily keeping kids with behavioral health issues away from their families.
The Justice Department says it told the state two years ago about the alleged civil rights violations it found and listed the steps the state could take to resolve them.
The Justice Department says each year the state sends hundreds of children away to places like Long Creek in South Portland rather than utilize community-based services for behavioral health disabilities, which would keep those kids with their families.
The “Americans with Disabilities Act” requires states to ensure that publicly-funded services are available for children with any disability.
The Justice Department says the services are available in Maine, they’re just not getting used like they should and that many children are eligible.
The Justice Department writes in part:
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.”
In response, the Maine Department of Health and Human Services says it has been working closely with the DOJ to address the allegations, writing in part:
“We are deeply disappointed that the US DOJ has decided to sue the State rather than continue our collaborative, good-faith effort to strengthen the delivery of children’s behavioral health services.”
Atlee Reilly, an attorney for “Disability Maine,” the organization that filed the original complaint, calls the DOJ’s lawsuit a powerful statement, despite the state spending two years to try and resolve issues outlined in a 2022 letter from the Justice Department.
“The conditions on the ground, if you talk to children and their families, really haven’t changed. and in some parts of the state they’ve become more difficult and more dire. It’s unfortunate that this had to happen, but I’m hopeful that every next step will get us on the road to solving these problems,” Reilly said.
The Justice Department says in its lawsuit that many families and their children in Maine would prefer to use those behavioral health services than be confined to a facility. It’s asking the court to step in and force Maine to make changes.
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Publish date : 2024-09-09 13:03:00
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