The Department of Justice is suing Maine, alleging the state violated the Americans with Disabilities Act by segregating children with behavioral health conditions in residential facilities.
In a Sept. 9 news release, the DOJ alleged Maine administers its behavioral health system in a way that limits children from receiving behavioral health services in their communities.
Maine children must seek treatment at residential facilities in Maine and outside the state, and in the state's juvenile detention facility, the department said.
Earlier this year, the department issued findings alleging two other states violated civil rights laws by failing to provide community behavioral health services.
Nebraska unnecessarily segregated people with serious mental illness in assisted living facilities and day programs, the department alleged in an investigation. Separately, the department alleged Rhode Island "routinely and unnecessarily" kept children with mental health conditions and developmental disabilities in an acute-care psychiatric hospital.
The department has not filed litigation against Nebraska or Rhode Island.
Carol Garvan, legal director of the American Civil Liberties Union Maine, told the Portland Press-Herald the lawsuit is an unusual step, as deficiencies are typically resolved before a federal lawsuit.
A spokesperson for the Maine Department of Health and Human Services told the Press-Herald the department is "deeply disappointed" the Justice Department filed a lawsuit "rather than continue our collaborative, good-faith effort to strengthen the delivery of children's behavioral health services."
"The state of Maine will vigorously defend itself and, throughout the litigation, will continue to work hard to strengthen the delivery of what we all agree are vital services," the spokesperson said.
The investigation comes as federal lawmakers urge more oversight of residential treatment facilities. In a report published in June, the Senate Finance Committee alleged children are frequently harmed in residential facilities.
Sen. Ron Wyden, the chair of the committee, has said he will introduce legislation to raise health and safety standards in the facilities.