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Justice Department Secures Agreement with Maine to Ensure Children with Behavioral Health Disabilities Can Live at Home

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Justice Department Secures Agreement with Maine to Ensure Children with Behavioral Health Disabilities Can Live at Home


WASHINGTON (WAGM) – The Justice Department announced today that it secured a settlement agreement to resolve its lawsuit alleging that Maine violates Title II of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. by unnecessarily segregating children with behavioral health disabilities in psychiatric hospitals, residential facilities and a state-operated juvenile detention facility.

“This agreement reflects the Civil Rights Division’s commitment to ensuring that children with disabilities can live at home surrounded by the love and support of their families rather than isolated away in facilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We know that too many children with behavioral health disabilities end up in juvenile justice settings or in out-of-home placements, often in different states far from their families, disrupting their lives in ways that can cause permanent harm. Under this agreement, more children will have access to community-based services and in-home behavioral health services so that they can grow up surrounded by family and loved ones.”

“Mainers with disabilities, particularly children, must be able to access the critical services they need in their homes and within their communities,” said U.S. Attorney Darcie N. McElwee for the District of Maine. “Maine’s geographical expanse is a treasure, but children with behavioral health disabilities cannot be needlessly limited to accessing necessary services and supports in facilities away from their families. This agreement prioritizes Maine’s children and ensures the availability of crucial services to allow them to pursue their greatest potential and ease the emotional toll on their caregivers.”

The department sued Maine in September, following a thorough investigation and a public letter of findings notifying Maine of the violation. The lawsuit alleged that Maine limited families’ access to needed behavioral health services for their children to live in the community. These services can include assistance with daily activities, behavior management and individual or family counseling. Community-based behavioral health services also include crisis services that can help prevent a child from being institutionalized during a mental health crisis. Absent these services, Maine children with disabilities would enter emergency rooms, come into contact with law enforcement and remain in institutions.

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The agreement resolves the department’s allegations and requires Maine to make significant improvements to ensure children with behavioral health disabilities can receive the services they need in the community, including:

  • Help hundreds of children remain with their families or foster families with the services they need to avoid emergency department stays and institutions;
  • Help children move out of institutions, including the Long Creek juvenile detention facility, and instead receive services at home, if their needs can be met there and they and their families want them to be at home;
  • Identify children with behavioral health disabilities and timely furnish them the full range of services they are eligible for at home;
  • Provide children with care coordination designed so that children with the most intense behavioral health disabilities can be successful at home;
  • Address any current or future workforce shortages of community-service providers. This includes providing payment rates and support for community providers to enable children they serve to return to or remain at home long-term;
  • Improve oversight of community providers and monitor desired outcomes and timeliness of services; and
  • Provide prompt mobile crisis interventions to help children avoid entering emergency departments or law enforcement contact.

The parties have agreed that the federal district court will retain jurisdiction to enforce the agreement and that an independent reviewer will evaluate the state’s compliance.

Enforcement of the ADA’s Integration Mandate Nationwide

This agreement is the most recent example of the Civil Rights Division’s enforcement of the ADA’s “integration mandate”—that is, the right to receive services in the most integrated setting appropriate. The Division has worked to enforce the integration mandate to address the segregation of people with disabilities in all its varied forms. For example, a 2023 agreement with Alameda County, California, provides relief to adults with mental health disabilities facing a similar dearth of services that resulted in their admission to emergency departments and jails. The Division has also won court-ordered relief for children with physical disabilities who were unnecessarily segregated in nursing homes in Florida. Florida is now required to provide those children the services they need to move out of nursing facilities. And last month, the Division secured an agreement with Colorado to ensure adults unnecessarily segregated in its nursing facilities have meaningful opportunities to live at home. The Civil Rights Division’s enforcement of the integration mandate has brought change across the country for people with disabilities of all ages and those who have been segregated from their communities.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Those interested in finding out more about the ADA may visit www.ada.gov.

Members of the public may report possible civil right violations at www.civilrights.justice.gov.

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View the settlement agreement here.



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Portland greenlit its tallest building this month. Will more skyscrapers follow?

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Portland greenlit its tallest building this month. Will more skyscrapers follow?


At 380 feet, the Old Port Square tower on Union Street in Portland would be the tallest building in Maine. It is meant to resemble a lighthouse beacon. (Courtesy of Safdie Architects)

Portland’s skyline is changing.

First, the iconic B&M Baked Beans brick smokestack came down. Then the 190-foot Casco building went up. And soon, the city will add a sweeping new Roux Institute campus and an “architecturally significant” expansion of the Portland Museum of Art.

But perhaps no change will have as much visual impact as the 30-story, nearly 400-foot tower the planning board approved earlier this month. 

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The proposal has ruffled feathers, with many bemoaning what they say sticks out like a sore thumb (or middle finger) on the city’s idyllic skyline. They fear if more high-rises pop up across the city, Portland might slowly morph into a northern version of Boston.

So will this project usher in an era of skyscrapers for Maine’s largest city?

Experts say that’s unlikely.

“We’re not expecting a windfall of 30-story buildings,” said Kevin Kraft, the city’s director of planning and urban development. 

Under new zoning laws, only a small section of downtown along Temple, Federal and Union streets allow buildings as tall as the tower. That means even if there was an appetite for more high-rises, there simply isn’t much undeveloped space.

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Furthermore, much of Portland ‘s peninsula is covered in historic districts, and “contributing buildings” can’t be torn down, Kraft noted. 

Chapter 14 Land Use Code – Revised 12-3-2025 (PDF)-Pages by julia

GROWING UP

Vertical development, experts say, is a sustainable way to squeeze more housing into a smaller footprint, something cities have been doing for decades. And Portland needs housing in spades. 

Last year, city leaders updated its zoning laws with the goal of allowing growth while preserving character. The overhaul included an increased maximum height for buildings in some of the city’s major corridors, permitting buildings up to 380 feet in a section of downtown.

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That part of the city has always allowed the tallest buildings, but until last year’s recode, the maximum height was 250 feet. And that height cap was in place for nearly 30 years before it was even remotely tested when Redfern Properties built the 190-foot Casco in 2023, currently the tallest building in Maine. 

The new proposal from Portland developer East Brown Cow Management LLC, tentatively called Old Port Square tower, would be twice that tall. It would include more than 70 residential units, commercial space, an 88-room hotel and a restaurant at the top, and is just one piece of a development project that could fill an entire city block.

Whether any other developers follow suit with similar proposals could depend more on market conditions than Portland’s updating zoning. 

“People aren’t going to build speculative high-rises,” Kraft said. 

If the building ends up being successful, though, it could be an important “proof of concept” for other developers in the area, said Tim Love, assistant director of the Master in Real Estate Program at Harvard University.

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Love is generally supportive of the project, which he said is in a great location.

“A lot of these proposals don’t happen because at the end of the day, the financing doesn’t work or the numbers that were plugged in for rents aren’t supported by the underwriting,” he said. “So I think it would be good for Portland if this project is a success,” because it could lead to additional residential development downtown.”

And more people living downtown is exactly what the city needs, he said. 

“I hope this is a model for more residential mixed-use development at densities that can extend the kind of not 24/7 but 18/7 life of the city all the way to the museum,” he said. 

If Portland is going to get an influx of high-rises, it won’t be for some time, said Jeff Levine, a former planner for the city of Portland who now divides his time consulting and teaching urban studies and planning at the Massachusetts Institute of Technology.

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“I don’t think you get instant results in anything,” he said.

Real estate is complicated. Beyond just zoning changes, there are building regulations, financial restrictions and even simply individual personalities that impact whether a building will go up, Levine said.

FEAR OF CHANGE

Nancy Smith, CEO of GrowSmart Maine, a nonprofit that helps communities grow in sustainable ways, says the Old Port Square tower will certainly be symbolic for the city, but it’s not a “game-changer.”

Game-changers, she said, were the Franklin Arterial and the demolition of Union Station — projects that transformed the city (though arguably not for the better) and made a statement about what Portland wanted to be in the future. 

But some feel like the tower could do that, too. It just might take time.

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“We’re not (just) trying to capture the current moment, we want to anticipate the growth we could see in the next 15, 20, 30 years,” Kraft said. “We want to accommodate that growth (and) be more proactive than reactionary.”

Cities are constantly changing and evolving, he said. At one point, the Time and Temperature building on Congress Street seemed to dwarf those around it, including the Fidelity Trust building, which was once known as Maine’s “first skyscraper.” Now, they blend in.

Additionally, Smith said, the uses intended for the proposed tower area already commonplace downtown: a hotel, restaurant, apartments and shops.

Still, a big element of early opposition to the tall tower is fear of change, and that’s natural, she said.

“The challenge is moving beyond that deeply personal response to actually consider what you’re looking at,” she said. “This building has a lot of symbolic value. Portland is changing, but stopping the building isn’t going to stop that change.”

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3 ways to enjoy the winter solstice in Maine

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3 ways to enjoy the winter solstice in Maine


The shortest day of the year, also known as the winter solstice, is Sunday. Maine ranks among five states with the shortest winter daylight, with about 8.5 hours. Averaging day length across the year, Maine is also near the bottom, with roughly 11.5 hours, second only to Alaska.

Day length varies strongly with latitude, even within Maine. On Sunday, Fort Kent will see almost a half hour less daylight than Portland, with 8 hours, 28 minutes compared with 8 hours, 56 minutes.

Why acknowledge the solstice?

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The sun sets over West Grand Lake, marking the end of an early winter day. Credit: Susan Bard / BDN

The winter solstice serves as both a scientific marker of Earth’s orbit and a cultural symbol of the cycle of darkness and light. It is a time to look forward to longer days and opportunities for outdoor recreation, including winter-specific activities.

Watch the sunrise or sunset

The sun rises over Pocomoonshine Lake in Down East Maine, casting a golden glow across the winter landscape. Credit: Susan Bard / BDN

With such a short day, take time to appreciate the daylight we do have. Head to a scenic spot near Bangor, such as Black Cap Mountain or the Waterfront, or for a longer drive, visit Bass Harbor Head Light in Acadia National Park or Mount Battie in Camden. Watch the sun rise or set over the winter landscape. Cross-country ski or snowshoe these areas to make the outing even more exciting. Rent equipment if needed, and carry a headlamp. Don’t let the waning light shorten your plans.

Visit holiday-themed lights

The Stillwater River Trail in Orono features a free light display with tunnels and wrapped trees, open nightly from 4 p.m. to 9 p.m.

Holiday lights line the Stillwater River Trail in Orono, creating a festive winter display. Credit: Susan Bard / BDN

For those willing to travel farther, the Gardens Aglow display at Coastal Maine Botanical Gardens in Boothbay lights up nature-themed paths with thousands of beautiful lights.

L.L. Bean in Freeport is always decorated with lights and holiday music, and the Cape Neddick Light in York has lights outlining its tower, keeper’s house and surrounding buildings.

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Evening walkers are drawn to the Stillwater River Trail in Orono, lit by festive holiday lights. Credit: Susan Bard / BDN

Make winter crafts

After the sun sets, residents can mark the winter solstice with indoor activities such as creating seasonal crafts using Maine materials.

A handcrafted Christmas wreath made with Maine balsam fir brings natural holiday cheer to any home, and can be embellished with other natural trimmings like turkey feathers. Credit: Susan Bard / BDN

Options include wreaths and simple candle holders made from evergreens, pinecones and berries.

Many Maine land trusts allow public access to conserved forests and trails, providing materials for crafts with a permit. Creating your own wreaths and decorations is not only rewarding; they also make great gifts and are traditions worth starting.



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Video captures student assaulting freshman at Maine high school

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Video captures student assaulting freshman at Maine high school


WALDOBORO, Maine — A freshman at Medomak Valley High School was attacked Wednesday afternoon in a vicious assault captured on video.

The father of the child, who is not being named to protect the privacy of the student, said bullying is rampant in the schools.

The assault occurred outside the school as students were getting on buses. The video shows a larger male student knocking down a smaller male and then repeatedly punching him in the head. Nearby students did not intervene, with some watching and others walking by the assault. Two adults are seen rushing to the scene and the assailant got up and walked away as one of the adults directed him to go to the office.

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The father said this was the fourth time his son has been assaulted at the school since classes started this year.

“They have posters throughout the school, saying bullying is not tolerated but they don’t do anything,” the father said.

He said, in one instance, a junior in the gym picked up his son and threw him to the floor, breaking his son’s cellphone. In another, a girl came up from behind him in the hallway and knocked him to the floor.

The father said he is frustrated with the lack of action by the school resource officer throughout the year. He said the officer asked his son if he did anything to provoke the assault and that is trying to shift the blame to the victim.

A student filmed the Wednesday assault and shared it on social media.

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Regional School Unit 40 Superintendent Thomas Ambrose issued a letter to parents Thursday morning

“I want to thank everyone who reached out to me about the fight at the high school yesterday. I’m writing this letter to let everyone know the following: 1. Fighting and violence at RSU 40 will not be tolerated. 2. There will be consequences for students who have violated our code of conduct or district policies once the investigation is complete. 3. We are working in collaboration with law-enforcement and our attorney to make sure that the investigation is conducted appropriately and that laws and policies for student behavior and discipline are being implemented appropriately. I’ve received some questions about the process for communication when an incident like this occurs. It is important to remember that students are protected by State and federal privacy laws including FERPA: the Federal Education Rights to Privacy Act. It is very likely that little to no information about the discipline or consequences for situations like this will be shared publicly. Students have a right to confidentiality, and this right often causes people to think that things are being swept under the rug or not addressed. I want to assure everyone that is not the case and we will be dealing with the discipline aspects of this situation as soon as the investigation is complete. If you have any questions, please don’t hesitate to reach out to me at any time. My email address is Thomas_Ambrose@rsu40.org,” the letter stated.

Medomak serves students from Waldoboro, Friendship, Warren, Union and Washington.

This story appears through a media partnership with Midcoast Villager.



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