Nevada and the Justice Department have reached a settlement to resolve allegations the state unnecessarily segregated children with behavioral health disabilities in institutional settings.
The state agreed to several commitments as part of the settlement, according to a Jan. 3 news release from the Justice Department. Nevada will expand access to home and community-based services for children with disabilities, and improve processes to ensure children are transitioned from residential placements as quickly as possible.
Nevada will also ensure children who may have a behavioral health disability will receive screening, assessments and service coordination, the Justice Department said.
The Justice Department filed a complaint against the state in federal court, but has asked courts not to intervene, as long as Nevada upholds the settlement agreement.
In November, the Justice Department reached a settlement with Maine to resolve allegations it segregated children with behavioral health conditions in state-run residential facilities. The department said the settlement was a "milestone" in enforcement of the integration mandate of the Americans with Disabilities Act. The mandate ensures the right of people with disabilities to receive services in the setting most appropriate for them.
Other states have faced Justice Department scrutiny for allegedly failing to maintain adequate community behavioral health resources. The department has alleged Nebraska and Rhode Island have also violated portions of the ADA, though it has not filed litigation against these states.
In a statement shared with the Reno Gazette Journal, a spokesperson for the Nevada Department of Health and Human Services said the state "has been proactive in developing dedicated revenue streams to fund and support systemic changes" in its behavioral health system.
Around $200 million is set aside in the state's fiscal 2025 budget for children's behavioral health transformation, the spokesperson said.
"The state is dedicated to continuing its work, which predates the DOJ agreement, to ensure children and families can access timely and comprehensive behavioral health services in Nevada," the spokesperson said.