Legal Groups Urge Appeals Court to Hold Maine Accountable for Disability Rights Violations

BOSTON — Legal organizations on Monday submitted a friend-of-the-court brief urging a federal appeals court to prevent proposed modifications to a 2024 settlement agreement resolving a lawsuit between the State of Maine and the United States Department of Justice (DOJ). The agreement addresses alleged violations of the Americans with Disabilities Act by reforming the state’s behavioral health system, expanding access to community-based services, and preventing the unnecessary institutionalization of children with disabilities.

In September 2025, less than a year after the settlement was reached, DOJ and the State filed a joint motion with the district court seeking to significantly weaken their agreement. A coalition of advocacy organizations, including the ACLU of Maine, Disability Rights Maine, GLAD Law, and the Center for Public Representation, successfully opposed changes that would have:

• Eliminated the role of the independent reviewer – a neutral expert charged with evaluating Maine’s compliance with the settlement agreement
• Delayed transition planning for youth at Long Creek
• Significantly reduced efforts to inform families about new behavioral health services
• Eliminated core training requirements for behavioral health providers

The same coalition is now defending the district court’s decision at the First Circuit Court of Appeals, where the State of Maine and DOJ have renewed their efforts to weaken the settlement to the detriment of children and families.

The current settlement agreement remains in effect pending further decision from the First Circuit Court of Appeals. The case is United States of America v. State of Maine.

The following are statements from coalition counsel:

“A child’s right to live and thrive in their community is a fundamental right, and we are committed to vigorously defending that right,” said Carol Garvan, legal director at the ACLU of Maine. “Two years ago, Maine committed to systemic reforms to protect the rights of children with disabilities, and we are simply asking that the State abide by the commitments it made in that agreement. Maine should keep its promises and follow through on these long-overdue reforms.”

“Maine children with disabilities have the right to receive services in their homes and communities. We remain committed to defending Maine’s original agreement so that the work toward improving the behavioral health system can continue,” said Lauren Wille, legal director at Disability Rights Maine.

“The legal settlement between the State of Maine and the United States was a milestone achievement for Maine children that has to be implemented on the ground. That settlement was right for the affected children, right for families, right on the law, and vital in supporting young people as they move toward taking their places as adults across Maine communities. In addition to requiring the State to build and provide the network of home and community-based behavioral health care as the law requires, protecting and supporting young people at home and in community also keeps families together rather than forcing resort to out-of-state placements or Maine’s in-state juvenile detention and corrections facility,” said attorney Mary Bonauto, a senior director at GLAD Law.

“The Center for Public Representation has seen the importance of family outreach, provider training, and independent evaluation to the success of behavioral health system transformation,” said Kathryn Rucker, legal director at the Center for Public Representation. “We remain committed to preserving these critical aspects of the settlement agreement for the benefit of children and families in Maine.”