Maine’s proposed changes to Section 28 Maine Care home-and-community-based services could strip crucial supports for kids with disabilities
MAINE, USA — More than two years ago, Maine reached a settlement with the Department of Justice requiring the state to provide behavioral health services to its most vulnerable children, so they do not have to be placed outside their home.
This decision followed the state’s failure to provide enough treatment beds and services, leaving many kids in crisis stuck in emergency rooms across the state. Now, parents and advocates worry that proposed changes to the system will harm the children Maine is supposed to protect.
Jessica Creedon’s daughter Kate was born with a genetic condition and has seizures. She cannot speak, has developmental delays, and severe scoliosis that makes it hard for her to move. Jessica’s younger daughter, Ellie, is five and also needs round-the-clock care for several medical issues. Kate practices new skills with a behavioral health provider at home and in the community.
“They run errands to practice leaving stores promptly and to develop waiting skills in public settings,” Jessica said.
Kate is one of hundreds of children with disabilities who get these intervention services through Section 28 of MaineCare. Jessica worries her daughter could lose these important supports that help her stay independent.
Maine is changing its behavioral health care system for children and teens under 21 as part of a settlement with the Department of Justice. The DOJ said the state did not give enough mental health care and other services to children in crisis, which led to long waits in emergency rooms, institutionalization, or being placed in juvenile detention. Now, to keep getting Section 28 services and targeted case management under Section 13, children with disabilities must show they are at risk of hurting themselves or others and need hospitalization or a doctor’s help.
Nancy Cronin, who leads the Maine Developmental Disabilities Council, says the proposal will make it harder for vulnerable kids to access crucial services that help prevent crises.
“As written, these changes will cause children to lose services and skill-building opportunities that help prevent institutionalization,” Cronin stated.
Carrie Woodcock’s daughter, Sami, has an intellectual disability and has received home and community-based services under Section 28 for most of her life. With the new rules, she would no longer qualify.
“Her behavior never reached those levels, but you could make the case that it never did because she got the support she needed,” Woodcock recalled.
Carrie, who also leads the Maine Parent Federation, urges parents to write to the Department of Justice attorney Victoria Thomas, Victoria.Thomas@usdoj.gov, who is helping oversee the settlement. A monitor for the settlement has not yet been retained to oversee the process.
Maine DHHS spokesperson, Lindsey Hammes, tells News Center in a statement,
“Many of the proposed rule changes to sections 13 and 28 were intended to update outdated references and clarify the existing rules’ vague language. The Department acknowledges that some aspects of the proposed rules, which are currently open for comment, will require clarification and revision to align with the Department’s intent; however, due to the status of the rulemaking process, we are unable to elaborate further,” Hammes said. “That said, the Department considers all comments made during the public hearing, in person, virtually, and in writing, when going through the rulemaking process,” Hammes said.
Maine DHHS has also extended the comment submission deadline to 11:59 PM Friday, March 13, 2026.
To submit a comment, go here.
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