Department Of Justice Sues Maine For Treatment Of Children With Behavioral Health Disabilities

## Department of Justice Sues Maine for Child Abuse, Neglect **Washington, D.C.** - The Justice Department announced today that it has filed a lawsuit against the State of Maine for failing to provide adequate mental health care to children in its custody. The lawsuit alleges that Maine has violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 by failing to provide children with serious emotional disturbances (SED) with the services and supports they need to succeed. According to the complaint, Maine's child welfare system is in crisis. Children with SED are languishing in emergency rooms and psychiatric hospitals for weeks or months while they wait for placement in appropriate treatment facilities. Those who are placed in treatment often receive inadequate care and are discharged prematurely, only to end up back in the emergency room or foster care. The Justice Department's investigation found that Maine is failing to meet the needs of children with SED in several ways, including: * **Lack of access to timely and appropriate mental health care.** Children with SED often wait months or even years for an evaluation, and then they may be placed on a waiting list for treatment. * **Inadequate treatment.** The treatment that children with SED do receive is often inadequate. Many facilities are understaffed and lack the expertise to provide the specialized care that these children need. * **Premature discharge.** Children with SED are often discharged from treatment prematurely, before they have stabilized and are ready to return home. This can lead to a cycle of recidivism, as children end up back in the emergency room or foster care. The Justice Department's lawsuit seeks to force Maine to make changes to its child welfare system to ensure that children with SED receive the care they need. These changes include: * Increasing access to timely and appropriate mental health care * Providing adequate treatment in facilities that are staffed with qualified professionals * Ensuring that children are not discharged prematurely The Justice Department is committed to protecting the rights of all Americans, including children with disabilities. We will continue to take action to ensure that states are providing adequate care to children in their custody. ### Background The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities. The Rehabilitation Act of 1973 is a federal law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding. ### Additional Resources * [Justice Department Announces Lawsuit Against Maine for Failing to Provide Adequate Mental Health Care to Children in State Custody](https://www.justice.gov/opa/pr/justice-department-announces-lawsuit-against-maine-failing-provide-adequate-mental-health) * [Americans with Disabilities Act](https://www.ada.gov/) * [Rehabilitation Act of 1973](https://www.dol.gov/general/topic/disability/rehabilitation)