MAINE, Maine — Parents of Maine's most vulnerable children are speaking out after the feds filed a lawsuit against Maine for violating the Americans with Disabilities Act.
The U.S. Department of Justice alleges that the state's failure to provide treatment beds and services has left dozens of kids with mental health problems and developmental disabilities stuck in ERs statewide.
Advocates say millions in federal funding are at risk if changes aren't made soon to settle the case.
DOJ civil rights attorneys will meet with impacted families on Zoom next Wednesday to discuss the lawsuit and listen to parents' concerns.
Kristine Adams's son Christian has severe autism, is nonverbal, bipolar, and has other challenges. The 21-year-old who lives in a group home went into crisis earlier this spring.
"He threw all of his toys out of the window and his clothing, and he was leaning out of a second-story window. I was afraid for his life," Adams said, holding back tears.
He ended up at Maine Medical Center for 10 days, waiting for a treatment bed at Spring Harbor, which is the state's only residential program that accepts children and school-age patients with intellectual and developmental disabilities.
This was Christian's second trip to the ER. He spent three weeks in the ER in 2021. This time, though, his mom had enough.
"Why isn't there any help for him? Why isn't there a crisis bed for him? There are beds available, but not for my son?" Kristine asked.
She sent this letter about Maine's lack of treatment beds and services for people with disabilities to the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice. She said she believes her complaint helped spur a lawsuit filed by the DOJ this week. It accuses Maine of segregating children with behavioral health problems and disabilities in hospitals, residential facilities, and the Long Creek Youth Development Center.
On average, the lawsuit says children and teens with behavioral problems are waiting six months to a year to receive services.
Nancy Cronin, executive director of the Maine Developmental Disabilities Council, is on a blue-ribbon commission examining DHHS's behavioral health care system more closely.
"I hope this lawsuit will create urgency. If it doesn't, things will worsen," Cronin declared.
She said if steps aren't taken soon, Maine could again be under a consent decree and lose millions in federal dollars.
"If the lawsuit keeps moving forward, there is a risk that there will be an agreement that a judge will take over for a while and make systems change," Cronin explained.
Kristine, meanwhile, quit her long-term job as a surgery technician to devote more time to Christian and her 19-year-old daughter Haley, who is also on the autism spectrum. Christian now sees a psychiatrist regularly but worries remain even with the feds putting the state on notice.
'If my son is in crisis again, there is no place for him," Kristine said.
She said she believes fixing a broken system will take years, leaving her son and others like him without the safety net they desperately need.
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