DOJ sues Maine for allegedly violating rights of children with behavioral disabilities

The Justice Department alleges in a lawsuit that Maine is violating the rights of children with behavioral disabilities by failing to provide them with adequate mental health services.

The lawsuit, filed in U.S. District Court in Maine, alleges that the state has failed to provide children with access to timely and appropriate mental health services, resulting in unnecessary institutionalization and harm.

The Justice Department said in a statement that the lawsuit was filed after a two-year investigation found that Maine's child welfare system "has failed to provide children with behavioral disabilities with the mental health services they need."

The lawsuit alleges that Maine has violated the Americans with Disabilities Act and the Rehabilitation Act by:

• Failing to provide children with access to timely and appropriate mental health services.
• Unnecessarily institutionalizing children with behavioral disabilities.
• Failing to provide children with the support and services they need to live in the community.

The Justice Department is seeking a court order requiring Maine to make changes to its child welfare system to ensure that children with behavioral disabilities have access to the mental health services they need.

The lawsuit is the latest in a series of actions taken by the Justice Department to enforce the rights of children with disabilities.

In 2016, the Justice Department sued Texas for failing to provide children with disabilities with access to adequate mental health services.

The Justice Department also reached a settlement with the state of Mississippi in 2017 to improve mental health services for children in state custody.