Maine
DOJ sues Maine for allegedly violating rights of children with behavioral disabilities
The US Department of Justice (DOJ) on Monday filed a lawsuit against the state of Maine for allegedly violating the civil rights of children with behavioral health disabilities.
The complaint alleged that Maine had failed to provide appropriate community-based services to the families of children with such disabilities, providing them “no meaningful choice” other than to place their children in institutions. The DOJ claimed that this constitutes discrimination under Title II of the Americans with Disabilities Act (ADA) since many of the families “want [their children] home” and the state could prevent such “segregation” by modifying its health service system.
The DOJ emphasized that Maine violated the US Supreme Court’s ruling in Olmstead v. LC which states that the ADA “requires state and local governments to ensure the services they provide for children with disabilities are available in the most integrated setting appropriate to each child’s needs.”
The department asked the court to compel the state of Maine to provide integrated and community-based services to children with disabilities instead of “unnecessarily segregating” them in institutions. Assistant Attorney General Kristen Clarke of the DOJ Civil Rights Division stated, “The Civil Rights Division is committed to ensuring that people with disabilities can get the services they need to remain at home with their families and loved ones, in their communities.”
The DOJ published its findings of the alleged civil rights violations in a 2022 letter addressed to Maine Governor Janet Mills. The department found that Maine has long waitlists for its community-based services, does not invest in community-based providers and fails to ensure that its crisis services remain available. The letter thus concluded the state has failed to provide appropriate integrated services and “unnecessarily relies on segregated settings such as hospitals and residential treatment facilities.”
In 1999, the Supreme Court found in Olmstead that the ADA required people with mental disabilities to be placed in “integrated” or community settings rather than institutions when the state’s professionals determine such placement is appropriate, when the individual does not oppose the placement and when the resources are available.
The Maine Department of Health and Human Services (DHHS) responded to the lawsuit on Monday, stating the department had been working with the DOJ to address the allegations. The DHHS added, “We are deeply disappointed that the U.S. has decided to sue the state rather than continue our collaborative, good-faith effort to strengthen the delivery of children’s behavioral health services.”
Maine
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Maine
Cooling centers to open in Maine as heat, air quality advisories take effect Wednesday
Many Maine municipalities will open cooling centers this week with the National Weather Service issuing a variety of heat advisories covering the next few days.
The Maine DEP also issued an air quality alert for Wednesday with ground-level ozone expected to reach levels that are unhealthy for sensitive groups.
All of York County, interior Cumberland and Androscoggin counties, and the southern half of Oxford County will fall under an extreme heat warning from 11 a.m. Wednesday to 8 p.m. Friday.
The warning calls for “dangerously hot conditions” that could feature heat index values of up to 110 degrees, with overnight lows only expected to fall into the 70s, according to the weather service’s office in Gray.
The rest of the state — save northern Aroostook, Piscataquis and Somerset counties — falls under a heat advisory from 11 a.m. to 8 p.m. on Wednesday. However, the weather service has also placed much of the state under an extreme heat watch for Thursday.
Heat index values, which measure how hot it feels to the human body when relative humidity is combined with the air temperature, are expected to reach up to 104 degrees during the heat advisory period, the weather service warns. They could reach 110 degrees Thursday, when the extreme heat watch is in effect.
Northern Oxford and Franklin counties, and central Somerset County, can expect a heat index value of up to 99 degrees Wednesday, according to the weather service.
The weather service advises people to drink plenty of fluids, stay in air-conditioned rooms when possible, avoid extended periods in the sun and check up on relatives and neighbors. It also warns not to leave young children and pets in unattended vehicles, as “car interiors will reach lethal temperatures in a matter of minutes.”
Cooling Centers
The Maine Department of Environmental Protection has also issued an air quality alert from 10 a.m. to 11 p.m. on Wednesday along the coast from Kittery to Acadia National Park. The agency warns that ground-level ozone concentrations are expected to reach levels that are unhealthy for sensitive groups.
Ozone levels may reach “moderate levels” further inland, according to the Maine DEP, including in all of Androscoggin and Kennebec counties, as well as parts of Cumberland, Knox, Lincoln, Penobscot, Sagadahoc, Waldo, Washington and York counties.
Elevated ozone levels can pose a risk to children, older adults and people suffering from respiratory or heart diseases, according to the Maine DEP. Anyone exerting themselves outdoors may also experience health effects, which could include coughing, shortness of breath, throat irritation and mild chest pain.
Ozone levels were already climbing in southern New England on Tuesday, according to the Maine DEP, and winds are expected to bring those conditions to Maine on Wednesday.
The Maine DEP recommends that vulnerable populations avoid strenuous outdoor activities, keep windows closed, and circulate indoor air with fans or air conditioners. Those with asthma are also advised to keep quick-relief medication handy.
Particle pollution levels are also expected to be moderate across the state on Wednesday due to wildfire smoke, the Maine DEP said in its announcement Tuesday. Wildfires in Colorado, which have claimed the lives of three firefighters, had burned nearly 90,000 acres as of Tuesday, according to the Denver Post.
Maine
Maine could face $50M in penalties from federal food assistance policy changes
Maine could face up to $50 million in penalties next year due to errors in its payments for federal food benefits under the Supplemental Nutrition Assistance Program.
Newly released data from the U.S. Department of Agriculture find that Maine’s error rate last year was nearly 11%, the bulk of which were overpayments. That’s in line with the U.S. average. But starting in October of next year, states with error rates above 6% must cover a portion of the SNAP benefits.
Anna Korsen, executive director of Full Plates, Full Potential, said the overpayments aren’t fraud — they’re human error. She said this new cost-shifting policy enacted last year under the Trump administration further complicates the SNAP application process.
“Instead, we could make this program more accessible and more efficient,” Korsen said. “And that would reduce the number of errors and also ensure that Mainers who are eligible for SNAP have access to it.”
She’s urging Congress to delay or reverse the policy under the farm bill that’s currently under consideration.
Maine’s Department of Health and Human Services said it’s taking steps to reduce the error rate, including modernizing its systems and hiring an additional 40 eligibility specialists.
This story appears through a media partnership with Maine Public.
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