The Justice Department announced Wednesday that it had opened an investigation under the Americans with Disabilities Act (ADA) into whether the State of Michigan unnecessarily institutionalises adults with serious mental illness in state psychiatric hospitals.
The department will investigate whether the state fails to provide necessary community-based mental health services to enable people to transition from the state psychiatric hospitals and remain stable in the community.
Before the announcement, the department informed the Michigan Department of Health and Human Services and the State Attorney General’s Office of initiating the investigation.
“The Americans with Disabilities Act protects people’s right to receive mental health services in the community, rather than remaining in hospitals when they are ready to go home,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
This investigation will assess whether Michigan is honouring the ADA’s promise that people with disabilities be served in the most integrated setting appropriate, said Clarke. Clarke added that the Civil Rights Division would continue to advocate for states to provide people with disabilities the services they need to avoid unnecessary institutionalisation.
“Our office is committed to investing the resources necessary to investigate these claims because we will never tire of ensuring that every citizen is afforded the full protections of the Americans with Disabilities Act,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan.
“We open this investigation as part of our mission to protect civil rights and to ensure our neighbours with mental health disabilities can succeed and thrive in their communities,” said U.S. Attorney Mark A. Totton for the Western District of Michigan.
The Justice Department has not reached any conclusions regarding the subject matter under investigation.
“Individuals with relevant information are encouraged to contact the department via email at Community.Michigan@usdoj.gov, 888-392-5415 or through the Civil Rights Division’s Civil Rights Portal at civilrights.justice.gov/,” it said.
