Skip to main content
Case

U.S. v. Maine

Overview

On June 22, 2022, the United States sent a letter of findings to the State of Maine, notifying the State that it is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating children with mental health and developmental disabilities. Following an investigation into Maine’s behavioral health care system for children, the Department found that Maine fails to provide children with sufficient behavioral health services in their homes and communities. As a result, Maine children may enter institutional settings including hospitals, residential facilities, or juvenile detention.

On September 9, 2024, the United States filed a lawsuit against the State of Maine under Title II of the ADA.  The United States alleges that Maine is violating Title II’s integration mandate by unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a juvenile detention facility, and by failing to ensure that children with behavioral health disabilities have a meaningful opportunity to live and thrive in community-based settings appropriate to their needs.

On November 25, 2024, the United States filed in federal court a settlement agreement with the State of Maine to resolve the pending litigation.  The settlement agreement requires Maine to provide services to children with behavioral health disabilities in the most integrated (community) settings appropriate to children’s needs, such as family and foster homes, so that they do not need to enter hospitals, residential facilities, and juvenile detention to get services.  Pursuant to this agreement, Maine will provide children and families with the planning and services they need to avoid stays in emergency departments and institutions; ensure that children can move out of institutions and instead receive services at home if consistent with children and families’ needs and desires; address current and future workforce shortages of community-based service providers; provide prompt mobile crisis interventions help children avoid unnecessary stays in emergency departments and contact with law enforcement; facilitate intra-agency coordination; and provide information to children, families, and stakeholders about community-based services and the rights of children under the agreement

Press Release - Justice Department Finds Maine in Violation of Title II of the Americans with Disabilities Act

Press Release - Justice Department Sues Maine for Violating Americans with Disabilities Act

Press Release - Justice Department Secures Agreement with Maine to Ensure Children with Behavioral Health Disabilities Can Live at Home


Case Open Date
Case Name
U.S. v. Maine
Tags
  • Integration / Olmstead
Updated November 26, 2024