Department of Justice Reaches Agreement to Resolve Americans With Disabilities Act Investigation of West Virginia’s Children’s Mental Health System

The Department of Justice today announced that it reached an agreement with the State of West Virginia to resolve its conclusion that there is reasonable cause to believe the State violates the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. Under the agreement, West Virginia will expand and improve in-home and community-based mental health services throughout the State to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. In addition, West Virginia will develop a plan to eliminate the unnecessary use of residential mental treatment facilities for children whom the State could serve in the community.