Court cases integral in state merger
Copyright © 2003 Blethen Maine Newspapers Inc.
AUGUSTA — Court cases filed on behalf of people with a mental illness or retardation loom large as the state pushes to craft a new government agency that would oversee their care.
A council studying the merger of the state Department of Human Services and the state Department of Behavioral and Developmental Services got a quick history lesson about the cases Thursday, including a court ruling involving Augusta Mental Health Institute.
The cases show that the combined agency will need to identify a high-ranking official within the department who will "promptly implement new systems and policies" to make sure the agency complies with court orders, according to a recommendation from Dori Harnett, an assistant attorney general for the state.
Harnett, the governor's office and others are also discussing ways to avoid expensive and time-consuming court cases in the future. Instead, a grievance and appeals process should be put in place, she said.
Patrick Ende, an attorney for Maine Equal Justice Partners, said sometimes it takes a lawsuit to get clients the help they need.
"It's hard to get attention if you don't have a court case," he said. "Let's put in place a structure that puts it at the top as if it were a court case without making it a court case."
Also, another coordinator within the department should be responsible for identifying goals and timeframes to comply with court decisions, Harnett said.
"When you really just boil them down, it's about delivery of services to customers," she said.
Finding a better way to serve the poor, the mentally ill and the mentally retarded is a primary reason Gov. John Baldacci is proposing to combine the agencies. Saving money is another, Baldacci has said.
Harnett and Ende gave the council a list of 10 recommendations that should be considered by the new agency. In addition to better oversight, they emphasized the need for reliable technology to keep track of who is getting services.
They also recommended that vendors who work for the department be given "clear performance expectations."
The council, comprised of community activists, legislators and agency officials, has until Jan. 5 to recommend to the governor how the departments can be merged within two years.
The departments are two massive state agencies that employ about 3,600 people combined. The Department of Human Services has an operating budget of $2 billion, while Behavioral and Developmental Services has a $660 million budget.
In the next few weeks, council members will start traveling to different parts of the state to talk to department employees and the public about the consolidation, said council Chairwoman Valerie Landry, the state's former labor commissioner.
Harnett and Ende said two of four court cases challenged whether the departments had delivered mental health services to children and adults within a reasonable amount of time.
The other two cases are class-action suits on behalf of residents who lived in state facilities.
The agencies are still waiting for the second ruling in a recent action involving 4,000 former and current residents of the Augusta Mental Health Institute. The state has argued that it's complying with the terms of a 1990 court ruling, but a judge ruled last month that the state has not met all of the requirements.
The second part of the ruling, expected in coming weeks, will outline what steps now need to be taken to bring the state into full compliance.
The lawsuits will play an important role in how the new agency functions because court orders will continue to dictate how some services are delivered, Ende said.
Acting DHS Commissioner Peter Walsh said while advocates often push the system to provide services, it's hard to weigh those needs against the money to pay for them.
"I just wonder if we do think about the resources available to be sure we're not cutting off one population to serve another," he said.
Officials at BDS work to make sure that doesn't happen, Acting BDS Commissioner Sabra Burdick said.
"We have made every attempt possible not to create a two-tiered system," she said.
Susan M. Cover — 623-1056
scover@centralmaine.com