LOUISVILLE, Ky. — The Department of Justice (DOJ) has accused Kentucky of violating the Americans with Disabilities Act (ADA) on Tuesday.
The Justice Department announced it believes Kentucky violated the ADA in Jefferson County by unnecessarily segregating adults with serious mental illness in psychiatric hospitals rather than providing care in community settings.
“These findings demonstrate that the Commonwealth of Kentucky fails to provide adequate community-based mental health services for individuals with serious mental illness in the Louisville Metro area,” U.S. Attorney Michael A. Bennett said. “Beyond the violations, however, these findings are also about recognizing the dignity and potential of every individual who has mental illness.”
The DOJ found during their investigation Kentucky failed to provide access to community-based mental health services, including mobile crisis response, crisis stabilization and crisis respite, case management, Assertive Community Treatment, Permanent Supportive Housing, supported employment and peer support.
Instead, they allege Kentucky unnecessarily relied on the psychiatric hospitals. The DOJ found more than a thousand people in Louisville were admitted multiple times a year to these hospitals.
Officials said the lack of community-based services has left law enforcement as the responders to mental health crises and "contributing to avoidable law enforcement encounters and incarceration."
“People with serious mental illnesses in Louisville are caught in an unacceptable cycle of repeated psychiatric hospitalizations because they cannot access community-based care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We thank Kentucky for its full cooperation with our investigation, including readily providing access to staff, documents, and data. We also recognize that Kentucky has already begun taking important steps to expand access to a range of key services, including crisis response services; medication management supports; and housing and employment supports."
"The Justice Department will continue to safeguard the rights of people with disabilities to ensure that they can fully participate in and contribute to their communities.”
To change this, the Justice Department said they will continue to work closely with the Commonwealth to implement permanent housing support, mobile crisis support and more.
Louisville Metro and the DOJ have been negotiating a consent decree for months now, and in the discussion they've been trying to resolve this and other issues according to officials.
Seven County Services sent the following statement to WHAS11 News on Wednesday:
Seven Counties Services has received the DOJ’s investigative report into Kentucky’s Unnecessary Use of Psychiatric Hospitals to Serve Adults with Serious Mental Illness in Louisville. Currently, we are closely analyzing the report and look forward to our continued collaboration with state and local partners to provide increased access to community-based resources for individuals with Serious Mental Illness (SMI). While this report was released yesterday, work surrounding the crisis continuum of care for individuals with SMI in Louisville is well underway.
In February of this year, Seven Counties Services partnered with the University of Louisville School of Public Health as part of a grant awarded by the Kentucky Department of Medicaid Services to conduct a community health needs assessment focused on the adult acute crisis continuum of care in our community. Represented in these sessions were over 75 separate entities and 130 individuals including those with lived experience. As a result of this assessment, the Jefferson County Behavioral Health Coalition was formed ensuring that the critical work and collaboration amongst community partners continues. In addition, Seven Counties Services conducted our Certified Community Behavioral Health Clinic survey that concluded last month. This survey was completed by 100’s of individuals ranging from community partners to behavioral health providers, Seven Counties Services clients, and those with lived experience.
As a community and organization, Seven Counties Services remains fully dedicated to providing quality care and health services to improve the lives of individuals and families. Providing community-based services and access to care for all individuals in our community including those with SMI and/or those in crisis is at the heart of our mission.
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