The department warned it might sue the state to make sure it adheres to disabilities access laws if resolutions cannot be found.
The U.S. Department of Justice (DOJ) says it had found evidence that Kentucky is violating the civil rights of residents by segregating adults with serious mental illness in psychiatric hospitals in the Louisville area unnecessarily instead of providing care in community settings.
The DOJ released a report on Aug. 27 alleging that the state violates the Americans with Disabilities Act (ADA) by failing to provide access to community-based mental health services, such as mobile crisis response, case management, and permanent supportive housing.
The DOJ’s inquiry, which started in 2022, found evidence that the city’s emergency response system is flawed, and that the Louisville Metro Government is partly to blame for the problems.
About 15,500 adults in Louisville are believed to be living with a significant mental illness, with the center Seven Counties Services—one of 14 community mental health centers in the state—helping 6,000 people each year.
The report included numerous reform suggestions, and the DOJ expressed its anticipation of “working cooperatively with Kentucky to reach a resolution.” However, if they can’t settle their differences, the department warned it might sue the state to make sure it adheres to the ADA.
“People with serious mental illnesses in Louisville are caught in an unacceptable cycle of repeated psychiatric hospitalizations because they cannot access community-based care,” Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division said in a press release.
“Our goal is to work collaboratively with Kentucky so that it implements the right community-based mental health services and complies with the ADA. 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.”
The Justice Department acknowledged the state has taken steps to expand access to services, including crisis response initiatives and housing and employment support.
A spokesperson for Gov. Andy Beshear’s office said state officials were “surprised by today’s report.”
“There are sweeping and new conclusions that must be reviewed as well as omissions of actions that have been taken,” James Hatchett, a spokesperson for the governor’s office, said in a statement to AP Tuesday. “We will be fully reviewing and evaluating each conclusion.”
U.S. Attorney Michael A. Bennett for the Western District of Kentucky weighed in saying, “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.
“Beyond the violations, however, these findings are also about recognizing the dignity and potential of every individual who has mental illness.”
The research highlighted the traumatic nature of many mishandled psychiatric hospital admissions and the fact that thousands of people in Louisville are admitted to these institutions annually. The study found that over 1,000 individuals required hospital readmissions within a year, with some spending over a month there.
According to the DOJ, the state has expanded access to mental health resources, including housing and employment assistance and crisis response efforts.
The Associated Press contributed to this report.