Mental health services for kids targeted

PORTLAND – A federal court ordered state officials Wednesday to hire an outside expert to remedy problems with Maine’s system of tracking the hundreds of children who need psychiatric services.

The order shows that the state Department of Behavioral and Developmental Services has failed to comply with aspects of its agreement to provide timely in-home treatment to mentally ill and disabled children.

Maine is legally obligated to provide in-home services to the children who, under Medicaid rules, are entitled to receive assistance within six months of when they ask for help.

But the state has failed to keep the agreement it signed last May to settle a class action lawsuit, said William Kayatta, one of the lawyers who filed the suit known as the Risinger case.

“The agency was given ample time to figure out how many kids need help and yet, as appalling as it sounds, they have no idea,” he said.

Kayatta said the state promised to develop a new computer system to keep better track of the children. But while the new tracking system was being set up, the old one was shut down, he said.

State officials eventually offered only an estimate that close to 800 children were either waiting for in-home help or were waiting to be evaluated for services, Kayatta said.

Deputy Attorney General Paul Stern, who has represented the state’s mental health agency, did not dispute Kayatta’s claims.

“It’s fair to say when the new administration was apprised of this situation the governor’s office took it very seriously,” Stern said. “We’re moving forward to provide these children with the services that they’re entitled to.”

Gov. John Baldacci has promised to streamline the four state agencies that provide services to mentally ill and disabled children.

The court order filed Wednesday requires the state to hire an expert within six days to evaluate the status of affected children, and to make sure they receive services within 180 days.

If the state does not follow the expert’s advice, the matter can be brought back to court, Kayatta said.

Lynn Duby, who on Tuesday announced her resignation, effective March 1, as commissioner of Behavioral and Developmental Services, did not return phone calls seeking comment.