Feds, Maine settle behavioral health segregation allegations: 3 notes

The Department of Justice has reached a settlement with Maine to resolve allegations it violated the Americans with Disabilities Act by segregating children with behavioral health conditions in state-run residential facilities. 

According to a Nov. 26 news release, the agreement requires the state to make several changes to its behavioral health system. 

The Justice Department sued Maine in September, alleging its reliance on residential treatment centers violated the Americans with Disabilities Act. 

In a Nov. 26 statement, Maine Gov. Janet Mills said she was confident the state would have prevailed in court, but she chose to avoid expensive litigation. 

"Protracted, expensive litigation would only have detracted from what's most important —- continuing to improve our children's behavioral health system," Ms. Mills said. 

Here are three things to know: 

  1. As part of the agreement, Maine will increase the availability of community behavioral health services, according to the Justice Department release The state will provide care coordination for children with behavioral health disabilities and address workforce shortages of community behavioral health providers. 

  2. The Justice Department hailed the settlement as a "new milestone" in enforcement of the integration mandate of the Americans with Disabilities Act. The mandate ensures the right for people with disabilities to receive services in the setting most appropriate for them.

  3. The Justice Department has alleged other states are violating this mandate by failing to maintain adequate community behavioral health resources, namely Nebraska and Rhode Island, though it has not filed litigation against these states.

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