April 14, 2025
Minutes
Minutes
Attendees via Zoom: Amanda Parker, Anne Marie Riley, Carol Snyder, David Cowing, Debbie Dionne, Debra Reeder, G Dwyer, Heidi Mansir, Ilea Sangillo, Jackie Sartoris, Janet DiBiase, Jennifer Frey, Julianne Zaharis, Keri Lopes, Kim Humphrey, Libby Stone-Sterling, Lorraine DeFreitas, Maggie Hoffman, Margaret Cardoza, Megan Salvin, Melissa Bliss, Richard Estabrook, Robin Levesque, Rory Robb, Sammy-Ellie MacKinnon, Sara Fleurant, Shelly King, Stacy Lamontagne, Vickey Merrill, Cullen Ryan, a few people who joined after the meeting began and left prior to the conclusion of the meeting.
Cullen Ryan introduced himself and welcomed the group. Minutes from the last meeting were accepted.
Featured Speaker: Cumberland County District Attorney Jackie Sartoris. Topic: The people who fall through the cracks and into the criminal justice system.
Cullen: I am very pleased to have Cumberland County District Attorney Jackie Sartoris with us today who will be presenting on the people who fall through the cracks and into the criminal justice system. One of the things we pride ourselves on is the fact that people with ID/DD are not interconnected with the population that experiences homelessness in Maine. That’s not the same in all states. Given that, it’s nice to have that bifurcation between those two populations. However, we do see people with ID/DD get entangled with the criminal justice system. Today we’ll spend some time exploring some cases and walk through how this happens, how to remedy this, and hopefully start a good dialogue around this so that our system can do better. Thank you for being here today, Jackie!
Cumberland County District Attorney Jackie Sartoris: Thank you for having me today! I am an accidental tourist in the system we’re discussing today in some ways. When I started as DA in January of 2023, my background was as a regular prosecutor and a treatment court prosecutor. I didn’t really work at all with the Mental Health (MH) Docket. In Augusta, the Mental Health Docket meets once per month. The MH Docket in Portland meets once a week. People I encounter who have ID/DD on the MH Docket tend to be the minority. All three of the young men who came to us as defendants came to us originally under the age of 18. When I look at charging a case, I review entire cases when they come into treatment court or the MH Docket. I look at every case, read the case facts, and look at what the situation was the moment they first touched the criminal/legal system.
Begin Presentation (Click here for the presentation).
DA Sartoris walked through three Case Studies. Please see the presentation for specific details.
DA Sartoris: Ultimately the Court will dismiss these cases – but this is the only real venue for a conversation for resourcing differently for better outcomes. Having criminal court cases dismissed every time is sometimes not helpful as having the criminal court involved can be what moves the needle on getting needed resources. As Cullen said, Maine does not have a significant population of people with ID/DD within its homeless population. However, I do worry that it could happen when these people fall through the cracks. The fact that there is no bridge between needs as juveniles and needs as adults is baffling and certainly plays a role in people revolving through the system. How can we acknowledge the full costs of the system failing these individuals so that we can have earlier interventions and prevent people from falling through the cracks and interacting with the criminal and legal systems in the first place? I really worry about these kids because we know that kids with these sorts of high frustration issues and propensity towards violence can have negative interactions with law enforcement.
These kids are themselves also victims much of the time. These kids are highly suggestable and are more often than not co-defendants in cases where the other co-defendant(s) are fully aware that what they had done was wrong and against the law. The events that occur create trauma for the kids themselves: interactions with law enforcement and the actual events. The assaults, burglaries, criminal mischiefs, stolen motor vehicles, chases and crashes cause real harm to victims of these crimes, which I have not even tried to enumerate but we can’t lose sight of that either. We are waiting until real and repeated harm has occurred to resource the needs of these young people, their families, and their communities. A more humane, compassionate approach seems achievable and less costly.
Cullen: Thank you, Jackie, for this powerful presentation on such an important topic. I’m aware that when we have these types of difficult discussions, they can profoundly affect people and can also trigger/re-traumatize people. I want to acknowledge that, provide space for that, and express my gratitude to the group for engaging in such a difficult topic.
Discussion:
-A meeting participant advocated for more use of restorative justice approaches and suggested direct referrals from courts to restorative justice programs.
DA Sartoris: There is definitely interest in this but there are challenges with mandating participation for those found incompetent.
-It was noted that restorative justice is voluntary. Referrals can be made – if the individual doesn’t want to participate the referral doesn’t have to go anywhere.
-A parent stated that she has done a lot of work with the disability world and corrections. She stated that too often once they get going, funding/grants end. It was stated that 50% of juveniles in the criminal/legal system have some type of brain injury. This work is very important. DA Sartoris was thanked for her work and focus on this.
DA Sartoris: Another staggering statistic is that there are 10 times as many people in the criminal/legal system with ADHD than in the general population.
-It was asked if any of the case studies were diagnosed as ASD ID/DD as defined by regulation and receiving services through OADS. If so, they are entitled to a PCP (person-centered plan) and a case manager.
DA Sartoris: All three of the individuals in the case study received varying degrees of services.
-It was stated that it sounds that these individuals are entitled to the PCP process, which identifies unmet needs regardless of if there’s funding available to fulfill them.
Shelly King (DHHS-OADS) described efforts to improve transition planning, specifically the Transition Project which reaches out to youth at the age of 14 versus 18 or when they’re on a waitlist. Some of what has been discussed will be included in the Lifespan Waiver that’s in development. Shelly offered to connect with Jackie with more resources and information ([email protected]).
-A parent asked if the trend of connections with law enforcement were trending up, down, the same, etc.
DA Sartoris: I don’t have specific data around this, but colleagues have stated that they have noticed a significant increase in the significance of the criminal conduct/violent conduct specifically for juveniles. Across the board, crime is down but the overall violence has increased.
-A self-advocate stated that historically group home staff and neighbors have been quick to call the police, including matters that should not involve law enforcement. Having the criminal/legal system recognize that there’s a problem is wonderful. She mentioned that when people are assessed as to whether or not they can stand trial it would appear to be an ideal time to inject resources/services.
DA Sartoris: That’s a source of frustration for me not just for this cohort but for others on the MH Docket as well. I’m a big-picture person. My concern is that they are solely engaged in the question of whether or not someone is competent in that initial assessment. I’m increasingly asking defense attorneys to request an “OMC” (Other Mental Conditions) which can speak to what probation or supervision requirements (including treatment) might be helpful. I’ve been reading all of the evaluations to see what the common themes are, if a certain treatment is implied as being helpful, etc. The evaluator is supposed to be able to get full access to the medical records to see if there’s a traumatic brain injury, significant trauma, etc. and then I can engage them in hearings on how we can work with that. I agree with you – it would make more sense to off-ramp people in this system and say we’re going to stop dealing with this person in the criminal system but instead work with this person with a comprehensive team for the betterment of the person and our system of a whole. Prosecutors react to the conduct that happened – that’s our job. We try to think about recidivism and avoiding future interaction, but there ought to be a system for these kids that is all about avoiding future interactions versus reacting to the conduct. I love the idea of being proactive versus reactive and interfacing earlier on with OADS.
-A parent stated that every single one of these cases should qualify for case management services. Even if you get no other services, case management is an entitlement in the children’s and adult systems. A case manager ought to intercede to bring the cases up to a higher level of scrutiny including OADS.
DA Sartoris: You’re raising an important question that I wouldn’t have known to ask a year ago. Are case managers aware of criminal charges? I’m not sure there’s a formal relationship there because they’re’ not a guardian. I’m not sure case managers are always aware if there’s a new criminal case. I think there could be an easy fix to this while still upholding the individual’s rights. I love the thought of engaging the case manager early on.
Shelly King: You could get a release to speak to OADS or simply start with a direct conversation asking the person if they have a case manager.
DA Sartoris: I’m working on a decision-tree for our ADAs, and this is all very helpful.
Cullen: I’m wondering if there could be something in our system that does this automatically. Criminal charges are public information – perhaps automatically triggering notification to the case manager when there are new charges could be a way to remedy this.
DA Sartoris: Being on the MH Docket with an upcoming date is public information, so this could be something to look into.
Cullen: Thank you, Jackie, this has started a wonderful dialogue which I hope we can continue. Thank you for having this discussion so that we can all work to ensure a better system of care where people can get the services that they need. I’d like to invite you back for a follow-up conversation.
DA Sartoris: I want to make sure that our system is serving to help, not to harm. Thank you all and thank you for having me today.
Cullen: Thank you again – well done!
End Presentation (round of applause would have occurred were it not for everyone being muted and on Zoom)
DHHS – Office of Aging and Disability Services (OADS) - www.maine.gov/dhhs/oads
Shelly King:
Transition Work: The transition liaisons have been engaged in a lot of work over the past several months. We have a Transition Planning page up on our website. We created a Transition Timeline as a suggested guide to assist youth and their support team along the path of transition.
Lifespan Rate Forum: The Lifespan Rate Public Forum is being held today, 4/14, at 1:00pm. After which time we will be posting the rates for public comment.
Innovation Summit – Registration is now OPEN – early bird Registration deadline extended to 4/18! DHHS and the Office of Aging and Disability Services presents Innovation Summit: A Path for Maine. The Innovation Summit: A Path for ME will be held in Portland, Maine, from May 19 to May 20, 2025, bringing together individuals, families, service providers, advocates, vendors, and professionals committed to enhancing the lives of people with intellectual and developmental disabilities, autism, brain injuries, or other similar conditions. This dynamic event promises two days of learning, networking, and community building, focused on improving access, services, and opportunities for individuals with disabilities.
Conference Highlights Included in your Registration:
Summit Details:
Cullen: Thank you for being here and for these updates, Shelly!
DHHS – Children’s Behavioral Health Services (CBHS), Office of Behavioral Health (OBH) - www.maine.gov/dhhs/obh/support-services/childrens-behavioral-health - No Update
DOL – Division of Vocational Rehabilitation (DVR) - www.maine.gov/rehab/dvr
Libby Stone-Sterling could not attend all of today’s meeting but sent the following update via email:
Becky Okolita has joined the Pathways to Partnerships project as grant manager. Becky has most recently been working as a Transition Specialist through OADS.
Wolf Camp: Are you a student with a disability who would like to interact with peers and build leadership skills in a fun and active environment? Then WOLF Camp is for you! When: 4/26-4/27. Where: UMaine Orono. Click here for more information.
VIBE: The Division for the Blind & Visually Impaired and Division of Vocational Rehabilitation are excited to offer a new program for transition students this July! Introducing VIBE: Venturing into Independence & Building skills for Employment. Click here for the flyer. VIBE participants must be 14+ and be a VR or Potentially Eligible student with a disability receiving services from DBVI or DVR. When: July 13–25, 2025. Where: University of Southern Maine, Gorham campus. Click here to register.
Pre-Apprenticeship: The BRS Apprenticeship Navigator is a great resource for students with disabilities and their families (and adults!) on Pre-Apprenticeship and Registered Apprenticeship opportunities. Attached is a flyer with some of the many opportunities listed.
Office of Special Services and Inclusive Education (OSSIE) - www.maine.gov/doe/learning/specialed - No Update
Disability Rights Maine (DRM) Update:
Megan Salvin:
Last week we did our first Developmental Services Grievance Process training. We’re holding this training again in May and June.
We’ve been receiving a lot of calls regarding the Department enforcing certain aspects of the Section 21 Home Support Agency Per Diem Authorizations in Two-Person Homes requirement. People remain concerned about this and we’re assisting with technical assistance and advocacy where appropriate.
Disability Pride will take place on 7/18 from 11:00am to 2:00pm at Mill Park in Augusta.
Cullen: Thank you to Libby for providing these updates!
Federal & Housing Updates:
Cullen: It continues to be a very stressful time with a lot of unknowns. As we discussed last month, there’s an effort to thwart a lot of government programs. We continue to see a lot being thrown out there all at once to create confusion, and sometimes fear and chaos, and it’s very hard to tell how everything will shake out. There continue to be more questions than answers. I’m glad we can come together as a Coalition and share information, process all of the unknowns, and get through all of this together.
All of us ought to continue our advocacy efforts despite any and all attempts to undermine our work. We have the benefit of a Delegation that appears to be firmly on the side of trying to stop these efforts. The biggest threat that we’re facing, I believe, is potential cuts to Medicaid, specifically and most recently in the FY 26 Budget Reconciliation Bill which has now been passed by both Chambers of Congress, albeit by narrow-thin margins. Our entire Delegation attempted to thwart efforts to include cuts to Medicaid in this reconciliation bill by voting against it, which ought to be commended.
Medicaid is also the target of cuts through various other congressional efforts, including Medicaid per capita cap and block grant proposals, floating around Congress (see below for more information). We will continue to monitor this closely. We will also continue to closely watch Executive Orders and other policy proposals which would affect housing, services, and other resources for people with ID/DD. When things arise, we will be sure to make you aware through action alerts.
Executive Orders – After his Inauguration, President Trump initiated a series of Executive Orders (EOs) which, if implemented/upheld by the courts, could make more difficult for everyone to access to an affordable, accessible home. Per NLIHC, the new Administration’s first actions include:
FY 26 Senate Budget Resolution – On 4/10 the House passed the Senate’s budget resolution. It passed the House with a vote of 216-214, with two Republicans voting against the bill. It passed the Senate by a vote of 51-48, with all Senate Democrats and two Republicans – Senators Susan Collins (ME) and Rand Paul (KY) – voting against. Per CBPP: The Senate Reconciliation Bill would provide extensive tax cuts to the highest income earners and corporations — and pays for it in part by raising health care and food costs through cuts in Medicaid and SNAP. The tax cuts called for in the budget plan far exceed the programmatic cuts and would raise deficits substantially. The budget sets up $5.3 trillion in tax cuts or more, mostly occurring over nine years since most of the 2017 tax cuts do not expire until 2026. That is $1.5 trillion more than the cost of the expiring 2017 tax cuts Senate Republicans are seeking to extend. And the $5.3 trillion figure could go still higher with potential cuts to Medicaid or other support that low-income families need under the jurisdiction of the Senate Finance Committee. These potential cuts would increase family expenses and make it ever harder for people already facing unaffordable rents to keep up with rent. It would also make it harder for people experiencing homelessness to afford to move into a home.
Congressional Medicaid Proposals (including per capita cap and block grant proposals) – There are various Medicaid proposals floating around in Congress currently, including Medicaid Per Capita Cap policy proposals. Per CBPP: Recent proposals from Republican congressional leaders and a conservative think tank would impose a per capita cap on federal Medicaid funding or, similarly, turn Medicaid into a block grant. These proposals would dramatically change Medicaid’s funding structure, deeply cut federal funding, and shift costs and financial risks to states. Should this happen, faced with large and growing reductions in federal funding, states could cut eligibility and benefits, which could put millions of people at risk of losing health coverage and access to Medicaid-funded services. There are also various proposals from Republican Congressional leaders that would impose work requirements for Medicaid. Per CBPP: that 36 million Medicaid enrollees — including people in every state — could be at risk of losing their coverage under various proposals.
Potential SNAP cuts – Prominent Republican lawmakers have proposed cuts and other policy changes to SNAP that could gain traction in Congress. If implemented, this could cut food assistance for millions of people in the country, per CBPP: “SNAP is our nation’s most effective and important tool to fight hunger, reaching over 40 million children, parents, older adults, disabled people, workers, and other low-income people each month, or about 1 in 8 people in the U.S., including 1 in 5 children. Research shows SNAP reduces food insecurity and is linked to improved health, education, and economic outcomes and to lower medical costs for participants. It also supports workers in low-paid jobs and has ripple effects in the economy overall and in individual communities as SNAP benefits are redeemed in stores across the U.S.”
Federal Bills Introduced in the new Congress:
State Legislature Update
If you’ve been in this space you’ve seen the MCHQS 132nd Maine Legislature First Regular Session 2025 Resource Document, which is a Google Document that can be edited – please let Laura Cordes know if you have any edits.
Supplemental Budget – click here for the General Fund Language; click here for Part A. The Legislature was unable to pass the Supplemental Budget (LD 209). The bill is now officially dead.
MaineCare announced a plan to cap payments which will begin for the majority of providers in the ID/DD sector later this month. Payments will be delayed – for instance if you submit seven bills, six may be paid and the seventh will be delayed (this is just an example). The Department has been very thoughtful in its attempt to not have capped payments affect providers that rely on MaineCare funding. However, we just don’t know how this is going to work.
LD 609 “Continued Operations Biennial Budget”: The Legislature passed a simple “continued operations” budget to ensure that funding went into effect by the start of the State Fiscal Year (7/1/25) since they were unable to pass a Budget with a majority necessary to enact the Budget as an emergency bill.
Current Status: Signed by the Governor. Will take effect: June 20, 2025.
Includes: The baseline budget for each existing program and a subset of initiatives and language parts contained in the Governor’s Biennial Budget proposal. This bill, as enacted, does include one-time funding for MaineCare Cost-of-Living Adjustments (COLAs).
LD 210 Biennial Budget: This is the original Biennial Budget bill. The Legislature is still working on details related to other Budget initiatives not included in LD 609.
Bills of Interest: More than 2,000 bills were filed. The list of working titles submitted before Cloture is available online. Committees are expected to vote bills out of their committees by 5/9/25. Some of the bills listed are still Legislative Requests (LRs) and may merge with other bills. Some of these bills may look familiar from previous Legislative Sessions. Some bills have been printed, with Public Hearings underway.
The bills listed below are not a comprehensive list. Please see the Google Doc for the full list of bills.
LD 46 An Act To Establish A Grant Program To Increase Postsecondary Educational Opportunities For Students With Intellectual Or Developmental Disabilities Or Autism Spectrum Disorder.
Summary: This bill establishes a grant program in the Department of Education to increase postsecondary educational opportunities and support employability for students with intellectual or developmental disabilities or autism spectrum disorder.
Current Status: Education Committee voted OTP-AM. (The Committee amended the bill and changed the fiscal note to $100,000. This will only fund one grant versus the original five. This still faces votes in the House and Senate, and due to having a fiscal note it would go to the Special Appropriations Table prior to enactment. There is still a long way to go.
LD 263 Resolve, to Provide Rural Nonmedical Transportation Services to the Elderly and Adults with Disabilities Receiving Home and Community Benefits Under MaineCare.
Summary: This resolve requires the Department of Health and Human Services to develop a pilot project lasting 18 months that provides nonmedical transportation services to individuals receiving services pursuant to rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities, in an amount up to $2,000, in addition to currently permissible medical transportation services. The department is required to submit a report regarding the costs, effectiveness and future viability of the pilot project to the Joint Standing Committee on Health and Human Services no later than December 3, 2025.
Current Status: Public Hearing held 4/3; Work Session scheduled for 4/15 at 1:00pm – HHS Committee.
LD 51 An Act to Increase Oversight of Fatalities of and Serious Injuries to Adults Subject to Public Guardianship.
Summary: Under current law, the Aging and Disability Mortality Review Panel reviews deaths of and serious injuries to adults receiving services in home-based and community-based services programs, including participants in those programs who are subject to public guardianship. This bill expands the charge of the panel to review all deaths of and serious injuries to adults subject to public guardianship, whether or not they are enrolled in home19 based and community-based services programs. It also amends the membership of the panel.
Current Status: Public Hearing held 2/4 – HHS Committee.
LD 279 An Act To Address The Shortage Of Direct Care Workers For Children With Disabilities In Maine.
Summary: This bill allows for the reimbursement of a parent providing in-home personal care services to the parent's child by allowing the parent to register as a personal care agency if the parent has made reasonable but unsuccessful efforts to obtain regular in-home personal care services and has passed a background check.
Current Status: Public Hearing held 3/24 – HHS Committee.
LD 768 An Act to Update the Laws Governing the Licensing of Intermediate Care Facilities for Persons with Intellectual Disabilities.
Summary: This bill updates the provision of law governing the licensing of intermediate care facilities for individuals with intellectual disabilities, or ICF/IIDs, to establish specific licensing requirements in statute. Under current law, there are no licensing standards for these facilities, only authority for the Department of Health and Human Services to adopt rules governing licensing standards. The bill both codifies existing department rules governing the licensing of ICF/IIDs and updates these licensing standards to align with similar licensing laws. The bill updates related statutory language and a headnote. The bill also amends the provision of law governing the reporting of sentinel events at health care facilities by removing ICF/IIDs from the list of health care facilities that are required to make reports to the department under this provision.
Current Status: Public Hearing held 3/13 – HHS Committee.
LD 834 An Act to Update the State Supplement to Supplemental Security Income.
Summary: Increases the minimum state supplemental income benefit to $65 per month for individuals and $97.50 per month for couples (150% of the individual amount).
Starting October 1, 2026, requires the benefit to be annually adjusted based on the cost-of-living increase in the federal payment standard.
Current Status: HHS Committee voted OTP-AM.
LD 840 An Act to Modernize the State Supplement to Supplemental Security Income by Removing Marriage Disincentives. Summary: Replaces provisions of law that currently provide that payments to couples, both of whom receive the supplement, are 150% of the benefit for an individual with provisions of law providing that payments to the couples are 200% of the benefit for an individual.
Current Status: HHS Committee voted OTP-AM.
LD 769 An Act Regarding Access to Behavioral Health Supports for Adults with Certain Disabilities.
Summary: This bill amends the law governing access to behavioral health support for adults with an intellectual disability or autism by replacing a complex multiparty review process with a clinical review requirement. It also removes the authority to use restraints on adults except as an emergency short-term step to protect the adult from imminent injury to that adult or others. It also codifies existing rules on safety devices, making it clear that such devices are not considered positive behavioral health support plans and therefore do not require the same level of review as positive behavioral health support plans. Also, to conform with current practice, the bill repeals a provision of law regarding the authority of providers of residential services to establish house rules in residential units owned or operated by the provider.
Current Status: Public Hearing held 3/18; Work Session on 4/16 at 1:30pm – HHS Committee.
LD 1509 Resolve, to Maintain Access to Home and Community-based Services for Adults with Intellectual Disabilities, Autism Spectrum Disorder or Brain Injury.
Summary: This resolve directs the Department of Health and Human Services to propose and implement the rates as determined by the department's rate study begun in 2023 and carried out pursuant to the provisions of the Maine Revised Statutes, Title 22, section 3173‑J for services provided by home and community-based services providers under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Sections 18, 20, 21 and 29 to adults with intellectual disabilities, autism spectrum disorder or brain injury.
Current Status: Referred to HHS Committee.
Key Committees and Committee Members, with contact information, are also included in the Google Doc. As a reminder, if you can’t attend Public Hearings when they occur, I would encourage you to submit testimony online , ideally on or before the day of the hearing.
Cullen: There is a lot of chaos going on – at every level. Please continue to raise your voice and tell your stories so that lawmakers can make good policy decisions on the needs of people with disabilities in Maine. It will continue to be a very busy, chaotic stretch but thank you for rallying and raising your voice over the next several months. We are all better for it.
Other Business: None.
The next meeting will be on Monday, May 12, 2025, 12-2:00pm, via Zoom*.
Featured Speaker and Topic: TBD.
Unless changed, Coalition meetings are on the 2nd Monday of the month from 12-2pm.
(In 2025 the October meeting will be the 3rd Monday due to the holiday)
The Maine Coalition for Housing and Quality Services provides equal opportunity for meeting participation. If you wish to attend but require an interpreter or other accommodation, please forward your request two weeks prior to the monthly meeting to [email protected].
Cullen Ryan introduced himself and welcomed the group. Minutes from the last meeting were accepted.
Featured Speaker: Cumberland County District Attorney Jackie Sartoris. Topic: The people who fall through the cracks and into the criminal justice system.
Cullen: I am very pleased to have Cumberland County District Attorney Jackie Sartoris with us today who will be presenting on the people who fall through the cracks and into the criminal justice system. One of the things we pride ourselves on is the fact that people with ID/DD are not interconnected with the population that experiences homelessness in Maine. That’s not the same in all states. Given that, it’s nice to have that bifurcation between those two populations. However, we do see people with ID/DD get entangled with the criminal justice system. Today we’ll spend some time exploring some cases and walk through how this happens, how to remedy this, and hopefully start a good dialogue around this so that our system can do better. Thank you for being here today, Jackie!
Cumberland County District Attorney Jackie Sartoris: Thank you for having me today! I am an accidental tourist in the system we’re discussing today in some ways. When I started as DA in January of 2023, my background was as a regular prosecutor and a treatment court prosecutor. I didn’t really work at all with the Mental Health (MH) Docket. In Augusta, the Mental Health Docket meets once per month. The MH Docket in Portland meets once a week. People I encounter who have ID/DD on the MH Docket tend to be the minority. All three of the young men who came to us as defendants came to us originally under the age of 18. When I look at charging a case, I review entire cases when they come into treatment court or the MH Docket. I look at every case, read the case facts, and look at what the situation was the moment they first touched the criminal/legal system.
Begin Presentation (Click here for the presentation).
DA Sartoris walked through three Case Studies. Please see the presentation for specific details.
DA Sartoris: Ultimately the Court will dismiss these cases – but this is the only real venue for a conversation for resourcing differently for better outcomes. Having criminal court cases dismissed every time is sometimes not helpful as having the criminal court involved can be what moves the needle on getting needed resources. As Cullen said, Maine does not have a significant population of people with ID/DD within its homeless population. However, I do worry that it could happen when these people fall through the cracks. The fact that there is no bridge between needs as juveniles and needs as adults is baffling and certainly plays a role in people revolving through the system. How can we acknowledge the full costs of the system failing these individuals so that we can have earlier interventions and prevent people from falling through the cracks and interacting with the criminal and legal systems in the first place? I really worry about these kids because we know that kids with these sorts of high frustration issues and propensity towards violence can have negative interactions with law enforcement.
These kids are themselves also victims much of the time. These kids are highly suggestable and are more often than not co-defendants in cases where the other co-defendant(s) are fully aware that what they had done was wrong and against the law. The events that occur create trauma for the kids themselves: interactions with law enforcement and the actual events. The assaults, burglaries, criminal mischiefs, stolen motor vehicles, chases and crashes cause real harm to victims of these crimes, which I have not even tried to enumerate but we can’t lose sight of that either. We are waiting until real and repeated harm has occurred to resource the needs of these young people, their families, and their communities. A more humane, compassionate approach seems achievable and less costly.
Cullen: Thank you, Jackie, for this powerful presentation on such an important topic. I’m aware that when we have these types of difficult discussions, they can profoundly affect people and can also trigger/re-traumatize people. I want to acknowledge that, provide space for that, and express my gratitude to the group for engaging in such a difficult topic.
Discussion:
-A meeting participant advocated for more use of restorative justice approaches and suggested direct referrals from courts to restorative justice programs.
DA Sartoris: There is definitely interest in this but there are challenges with mandating participation for those found incompetent.
-It was noted that restorative justice is voluntary. Referrals can be made – if the individual doesn’t want to participate the referral doesn’t have to go anywhere.
-A parent stated that she has done a lot of work with the disability world and corrections. She stated that too often once they get going, funding/grants end. It was stated that 50% of juveniles in the criminal/legal system have some type of brain injury. This work is very important. DA Sartoris was thanked for her work and focus on this.
DA Sartoris: Another staggering statistic is that there are 10 times as many people in the criminal/legal system with ADHD than in the general population.
-It was asked if any of the case studies were diagnosed as ASD ID/DD as defined by regulation and receiving services through OADS. If so, they are entitled to a PCP (person-centered plan) and a case manager.
DA Sartoris: All three of the individuals in the case study received varying degrees of services.
-It was stated that it sounds that these individuals are entitled to the PCP process, which identifies unmet needs regardless of if there’s funding available to fulfill them.
Shelly King (DHHS-OADS) described efforts to improve transition planning, specifically the Transition Project which reaches out to youth at the age of 14 versus 18 or when they’re on a waitlist. Some of what has been discussed will be included in the Lifespan Waiver that’s in development. Shelly offered to connect with Jackie with more resources and information ([email protected]).
-A parent asked if the trend of connections with law enforcement were trending up, down, the same, etc.
DA Sartoris: I don’t have specific data around this, but colleagues have stated that they have noticed a significant increase in the significance of the criminal conduct/violent conduct specifically for juveniles. Across the board, crime is down but the overall violence has increased.
-A self-advocate stated that historically group home staff and neighbors have been quick to call the police, including matters that should not involve law enforcement. Having the criminal/legal system recognize that there’s a problem is wonderful. She mentioned that when people are assessed as to whether or not they can stand trial it would appear to be an ideal time to inject resources/services.
DA Sartoris: That’s a source of frustration for me not just for this cohort but for others on the MH Docket as well. I’m a big-picture person. My concern is that they are solely engaged in the question of whether or not someone is competent in that initial assessment. I’m increasingly asking defense attorneys to request an “OMC” (Other Mental Conditions) which can speak to what probation or supervision requirements (including treatment) might be helpful. I’ve been reading all of the evaluations to see what the common themes are, if a certain treatment is implied as being helpful, etc. The evaluator is supposed to be able to get full access to the medical records to see if there’s a traumatic brain injury, significant trauma, etc. and then I can engage them in hearings on how we can work with that. I agree with you – it would make more sense to off-ramp people in this system and say we’re going to stop dealing with this person in the criminal system but instead work with this person with a comprehensive team for the betterment of the person and our system of a whole. Prosecutors react to the conduct that happened – that’s our job. We try to think about recidivism and avoiding future interaction, but there ought to be a system for these kids that is all about avoiding future interactions versus reacting to the conduct. I love the idea of being proactive versus reactive and interfacing earlier on with OADS.
-A parent stated that every single one of these cases should qualify for case management services. Even if you get no other services, case management is an entitlement in the children’s and adult systems. A case manager ought to intercede to bring the cases up to a higher level of scrutiny including OADS.
DA Sartoris: You’re raising an important question that I wouldn’t have known to ask a year ago. Are case managers aware of criminal charges? I’m not sure there’s a formal relationship there because they’re’ not a guardian. I’m not sure case managers are always aware if there’s a new criminal case. I think there could be an easy fix to this while still upholding the individual’s rights. I love the thought of engaging the case manager early on.
Shelly King: You could get a release to speak to OADS or simply start with a direct conversation asking the person if they have a case manager.
DA Sartoris: I’m working on a decision-tree for our ADAs, and this is all very helpful.
Cullen: I’m wondering if there could be something in our system that does this automatically. Criminal charges are public information – perhaps automatically triggering notification to the case manager when there are new charges could be a way to remedy this.
DA Sartoris: Being on the MH Docket with an upcoming date is public information, so this could be something to look into.
Cullen: Thank you, Jackie, this has started a wonderful dialogue which I hope we can continue. Thank you for having this discussion so that we can all work to ensure a better system of care where people can get the services that they need. I’d like to invite you back for a follow-up conversation.
DA Sartoris: I want to make sure that our system is serving to help, not to harm. Thank you all and thank you for having me today.
Cullen: Thank you again – well done!
End Presentation (round of applause would have occurred were it not for everyone being muted and on Zoom)
DHHS – Office of Aging and Disability Services (OADS) - www.maine.gov/dhhs/oads
Shelly King:
Transition Work: The transition liaisons have been engaged in a lot of work over the past several months. We have a Transition Planning page up on our website. We created a Transition Timeline as a suggested guide to assist youth and their support team along the path of transition.
Lifespan Rate Forum: The Lifespan Rate Public Forum is being held today, 4/14, at 1:00pm. After which time we will be posting the rates for public comment.
Innovation Summit – Registration is now OPEN – early bird Registration deadline extended to 4/18! DHHS and the Office of Aging and Disability Services presents Innovation Summit: A Path for Maine. The Innovation Summit: A Path for ME will be held in Portland, Maine, from May 19 to May 20, 2025, bringing together individuals, families, service providers, advocates, vendors, and professionals committed to enhancing the lives of people with intellectual and developmental disabilities, autism, brain injuries, or other similar conditions. This dynamic event promises two days of learning, networking, and community building, focused on improving access, services, and opportunities for individuals with disabilities.
Conference Highlights Included in your Registration:
- Workshops & Presentations: Participate in insightful sessions covering topics such as inclusive education, employment opportunities, advocacy strategies, mental health, and technology for individuals with autism and disabilities. Click here to see the Schedule
- Meet New People: Connect with a diverse group of individuals, families, and professionals who share a common goal of advancing inclusion and quality of life for people with disabilities.
- Inspiring Speakers: Hear from renowned experts, advocates, and thought leaders who will inspire and provide practical solutions for challenges faced by individuals with disabilities and autism. Click here to find out who the speakers will be.
- Tech Expo: Discover cutting-edge resources from local and national organizations, including vendors, that support people with disabilities and autism, ranging from medical professionals to advocacy groups and service providers.
- Demonstrations: Engage in hands-on activities designed to promote community awareness and showcase practical tools and strategies for families, individuals, and service providers.
Summit Details:
- When: May 19 and May 20, 2025
- Where: Holiday Inn by the Bay, Portland, Maine
- Registration: Early registration begins with discounted rates available for individuals, families, and groups. Click here to Register today!
Cullen: Thank you for being here and for these updates, Shelly!
DHHS – Children’s Behavioral Health Services (CBHS), Office of Behavioral Health (OBH) - www.maine.gov/dhhs/obh/support-services/childrens-behavioral-health - No Update
DOL – Division of Vocational Rehabilitation (DVR) - www.maine.gov/rehab/dvr
Libby Stone-Sterling could not attend all of today’s meeting but sent the following update via email:
Becky Okolita has joined the Pathways to Partnerships project as grant manager. Becky has most recently been working as a Transition Specialist through OADS.
Wolf Camp: Are you a student with a disability who would like to interact with peers and build leadership skills in a fun and active environment? Then WOLF Camp is for you! When: 4/26-4/27. Where: UMaine Orono. Click here for more information.
VIBE: The Division for the Blind & Visually Impaired and Division of Vocational Rehabilitation are excited to offer a new program for transition students this July! Introducing VIBE: Venturing into Independence & Building skills for Employment. Click here for the flyer. VIBE participants must be 14+ and be a VR or Potentially Eligible student with a disability receiving services from DBVI or DVR. When: July 13–25, 2025. Where: University of Southern Maine, Gorham campus. Click here to register.
Pre-Apprenticeship: The BRS Apprenticeship Navigator is a great resource for students with disabilities and their families (and adults!) on Pre-Apprenticeship and Registered Apprenticeship opportunities. Attached is a flyer with some of the many opportunities listed.
Office of Special Services and Inclusive Education (OSSIE) - www.maine.gov/doe/learning/specialed - No Update
Disability Rights Maine (DRM) Update:
Megan Salvin:
Last week we did our first Developmental Services Grievance Process training. We’re holding this training again in May and June.
We’ve been receiving a lot of calls regarding the Department enforcing certain aspects of the Section 21 Home Support Agency Per Diem Authorizations in Two-Person Homes requirement. People remain concerned about this and we’re assisting with technical assistance and advocacy where appropriate.
Disability Pride will take place on 7/18 from 11:00am to 2:00pm at Mill Park in Augusta.
Cullen: Thank you to Libby for providing these updates!
Federal & Housing Updates:
Cullen: It continues to be a very stressful time with a lot of unknowns. As we discussed last month, there’s an effort to thwart a lot of government programs. We continue to see a lot being thrown out there all at once to create confusion, and sometimes fear and chaos, and it’s very hard to tell how everything will shake out. There continue to be more questions than answers. I’m glad we can come together as a Coalition and share information, process all of the unknowns, and get through all of this together.
All of us ought to continue our advocacy efforts despite any and all attempts to undermine our work. We have the benefit of a Delegation that appears to be firmly on the side of trying to stop these efforts. The biggest threat that we’re facing, I believe, is potential cuts to Medicaid, specifically and most recently in the FY 26 Budget Reconciliation Bill which has now been passed by both Chambers of Congress, albeit by narrow-thin margins. Our entire Delegation attempted to thwart efforts to include cuts to Medicaid in this reconciliation bill by voting against it, which ought to be commended.
Medicaid is also the target of cuts through various other congressional efforts, including Medicaid per capita cap and block grant proposals, floating around Congress (see below for more information). We will continue to monitor this closely. We will also continue to closely watch Executive Orders and other policy proposals which would affect housing, services, and other resources for people with ID/DD. When things arise, we will be sure to make you aware through action alerts.
Executive Orders – After his Inauguration, President Trump initiated a series of Executive Orders (EOs) which, if implemented/upheld by the courts, could make more difficult for everyone to access to an affordable, accessible home. Per NLIHC, the new Administration’s first actions include:
- Directing federal agencies to terminate all diversity, equity, inclusion, and accessibility (DEIA) practices and policies and rescind previous executive actions expanding DEI efforts to underserved communities.
- Institute a hiring freeze which would prevent HUD from hiring essential staff.
- Denying fair housing and civil rights protections to LGBTQ individuals.
- Directing federal agencies to prevent sanctuary jurisdictions, or jurisdictions that limit or deny cooperation with federal immigration enforcement, from receiving federal investments. If this EO is used to deny states and localities access to federal funding, it could undermine local governments’ ability to help families purchase a home and build more affordable rental housing.
FY 26 Senate Budget Resolution – On 4/10 the House passed the Senate’s budget resolution. It passed the House with a vote of 216-214, with two Republicans voting against the bill. It passed the Senate by a vote of 51-48, with all Senate Democrats and two Republicans – Senators Susan Collins (ME) and Rand Paul (KY) – voting against. Per CBPP: The Senate Reconciliation Bill would provide extensive tax cuts to the highest income earners and corporations — and pays for it in part by raising health care and food costs through cuts in Medicaid and SNAP. The tax cuts called for in the budget plan far exceed the programmatic cuts and would raise deficits substantially. The budget sets up $5.3 trillion in tax cuts or more, mostly occurring over nine years since most of the 2017 tax cuts do not expire until 2026. That is $1.5 trillion more than the cost of the expiring 2017 tax cuts Senate Republicans are seeking to extend. And the $5.3 trillion figure could go still higher with potential cuts to Medicaid or other support that low-income families need under the jurisdiction of the Senate Finance Committee. These potential cuts would increase family expenses and make it ever harder for people already facing unaffordable rents to keep up with rent. It would also make it harder for people experiencing homelessness to afford to move into a home.
Congressional Medicaid Proposals (including per capita cap and block grant proposals) – There are various Medicaid proposals floating around in Congress currently, including Medicaid Per Capita Cap policy proposals. Per CBPP: Recent proposals from Republican congressional leaders and a conservative think tank would impose a per capita cap on federal Medicaid funding or, similarly, turn Medicaid into a block grant. These proposals would dramatically change Medicaid’s funding structure, deeply cut federal funding, and shift costs and financial risks to states. Should this happen, faced with large and growing reductions in federal funding, states could cut eligibility and benefits, which could put millions of people at risk of losing health coverage and access to Medicaid-funded services. There are also various proposals from Republican Congressional leaders that would impose work requirements for Medicaid. Per CBPP: that 36 million Medicaid enrollees — including people in every state — could be at risk of losing their coverage under various proposals.
Potential SNAP cuts – Prominent Republican lawmakers have proposed cuts and other policy changes to SNAP that could gain traction in Congress. If implemented, this could cut food assistance for millions of people in the country, per CBPP: “SNAP is our nation’s most effective and important tool to fight hunger, reaching over 40 million children, parents, older adults, disabled people, workers, and other low-income people each month, or about 1 in 8 people in the U.S., including 1 in 5 children. Research shows SNAP reduces food insecurity and is linked to improved health, education, and economic outcomes and to lower medical costs for participants. It also supports workers in low-paid jobs and has ripple effects in the economy overall and in individual communities as SNAP benefits are redeemed in stores across the U.S.”
Federal Bills Introduced in the new Congress:
- The Home Accessibility Tax Credit Act: Introduced by Senators King and Welch, this bill would establish a refundable tax credit for eligible home modifications designed to improve accessibility — saving both Americans with the highest risk of falling, as well as taxpayers, from the high medical costs associated with falls.
- HR 2540 SSI Savings Penalty Elimination Act: This is a bipartisan (expected to be bicameral) bill that would amend title XVI of the Social Security Act to update the resource limit for supplemental security income eligibility. This bill would update SSI’s asset limits for the first time since the 1980s to ensure people with disabilities and seniors are able to prepare themselves for a financial emergency without putting the benefits that they rely on to live at risk.
- S 343/HR 869 Keep our PACT Act: This bill would require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.
- HR 1634 ThinkDIFFERENTLY About Disability Employment Act: This bill would provide for a memorandum of understanding between the Small Business Administration and the National Council on Disability to increase employment opportunities for individuals with disabilities, and for other purposes.
- HR 1757 EMPSA Act: This bill would amend title XVI of the Social Security Act to provide that the supplemental security income benefits of adults with intellectual or developmental disabilities shall not be reduced by marriage.
- S 466 Fairness for Disabled Young Adults Act: This bill would amend title II of the Social Security Act to increase the age threshold for eligibility for child's insurance benefits on the basis of disability.
- The Affordable Housing Credit Improvement Act: Expected to be reintroduced. This bill would create nearly two million new affordable homes across the country – including thousands in Maine. The Affordable Housing Credit Improvement Act would expand the Low-Income Housing Tax Credit (LIHTC) to provide more homes for low-income people, support small businesses trying to attract workers, and fill the state’s gap of more than 20,000 affordable housing units. This has strong bipartisan, bicameral support, increasing its likelihood for passage.
State Legislature Update
If you’ve been in this space you’ve seen the MCHQS 132nd Maine Legislature First Regular Session 2025 Resource Document, which is a Google Document that can be edited – please let Laura Cordes know if you have any edits.
Supplemental Budget – click here for the General Fund Language; click here for Part A. The Legislature was unable to pass the Supplemental Budget (LD 209). The bill is now officially dead.
MaineCare announced a plan to cap payments which will begin for the majority of providers in the ID/DD sector later this month. Payments will be delayed – for instance if you submit seven bills, six may be paid and the seventh will be delayed (this is just an example). The Department has been very thoughtful in its attempt to not have capped payments affect providers that rely on MaineCare funding. However, we just don’t know how this is going to work.
LD 609 “Continued Operations Biennial Budget”: The Legislature passed a simple “continued operations” budget to ensure that funding went into effect by the start of the State Fiscal Year (7/1/25) since they were unable to pass a Budget with a majority necessary to enact the Budget as an emergency bill.
Current Status: Signed by the Governor. Will take effect: June 20, 2025.
Includes: The baseline budget for each existing program and a subset of initiatives and language parts contained in the Governor’s Biennial Budget proposal. This bill, as enacted, does include one-time funding for MaineCare Cost-of-Living Adjustments (COLAs).
LD 210 Biennial Budget: This is the original Biennial Budget bill. The Legislature is still working on details related to other Budget initiatives not included in LD 609.
Bills of Interest: More than 2,000 bills were filed. The list of working titles submitted before Cloture is available online. Committees are expected to vote bills out of their committees by 5/9/25. Some of the bills listed are still Legislative Requests (LRs) and may merge with other bills. Some of these bills may look familiar from previous Legislative Sessions. Some bills have been printed, with Public Hearings underway.
The bills listed below are not a comprehensive list. Please see the Google Doc for the full list of bills.
LD 46 An Act To Establish A Grant Program To Increase Postsecondary Educational Opportunities For Students With Intellectual Or Developmental Disabilities Or Autism Spectrum Disorder.
Summary: This bill establishes a grant program in the Department of Education to increase postsecondary educational opportunities and support employability for students with intellectual or developmental disabilities or autism spectrum disorder.
Current Status: Education Committee voted OTP-AM. (The Committee amended the bill and changed the fiscal note to $100,000. This will only fund one grant versus the original five. This still faces votes in the House and Senate, and due to having a fiscal note it would go to the Special Appropriations Table prior to enactment. There is still a long way to go.
LD 263 Resolve, to Provide Rural Nonmedical Transportation Services to the Elderly and Adults with Disabilities Receiving Home and Community Benefits Under MaineCare.
Summary: This resolve requires the Department of Health and Human Services to develop a pilot project lasting 18 months that provides nonmedical transportation services to individuals receiving services pursuant to rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities, in an amount up to $2,000, in addition to currently permissible medical transportation services. The department is required to submit a report regarding the costs, effectiveness and future viability of the pilot project to the Joint Standing Committee on Health and Human Services no later than December 3, 2025.
Current Status: Public Hearing held 4/3; Work Session scheduled for 4/15 at 1:00pm – HHS Committee.
LD 51 An Act to Increase Oversight of Fatalities of and Serious Injuries to Adults Subject to Public Guardianship.
Summary: Under current law, the Aging and Disability Mortality Review Panel reviews deaths of and serious injuries to adults receiving services in home-based and community-based services programs, including participants in those programs who are subject to public guardianship. This bill expands the charge of the panel to review all deaths of and serious injuries to adults subject to public guardianship, whether or not they are enrolled in home19 based and community-based services programs. It also amends the membership of the panel.
Current Status: Public Hearing held 2/4 – HHS Committee.
LD 279 An Act To Address The Shortage Of Direct Care Workers For Children With Disabilities In Maine.
Summary: This bill allows for the reimbursement of a parent providing in-home personal care services to the parent's child by allowing the parent to register as a personal care agency if the parent has made reasonable but unsuccessful efforts to obtain regular in-home personal care services and has passed a background check.
Current Status: Public Hearing held 3/24 – HHS Committee.
LD 768 An Act to Update the Laws Governing the Licensing of Intermediate Care Facilities for Persons with Intellectual Disabilities.
Summary: This bill updates the provision of law governing the licensing of intermediate care facilities for individuals with intellectual disabilities, or ICF/IIDs, to establish specific licensing requirements in statute. Under current law, there are no licensing standards for these facilities, only authority for the Department of Health and Human Services to adopt rules governing licensing standards. The bill both codifies existing department rules governing the licensing of ICF/IIDs and updates these licensing standards to align with similar licensing laws. The bill updates related statutory language and a headnote. The bill also amends the provision of law governing the reporting of sentinel events at health care facilities by removing ICF/IIDs from the list of health care facilities that are required to make reports to the department under this provision.
Current Status: Public Hearing held 3/13 – HHS Committee.
LD 834 An Act to Update the State Supplement to Supplemental Security Income.
Summary: Increases the minimum state supplemental income benefit to $65 per month for individuals and $97.50 per month for couples (150% of the individual amount).
Starting October 1, 2026, requires the benefit to be annually adjusted based on the cost-of-living increase in the federal payment standard.
Current Status: HHS Committee voted OTP-AM.
LD 840 An Act to Modernize the State Supplement to Supplemental Security Income by Removing Marriage Disincentives. Summary: Replaces provisions of law that currently provide that payments to couples, both of whom receive the supplement, are 150% of the benefit for an individual with provisions of law providing that payments to the couples are 200% of the benefit for an individual.
Current Status: HHS Committee voted OTP-AM.
LD 769 An Act Regarding Access to Behavioral Health Supports for Adults with Certain Disabilities.
Summary: This bill amends the law governing access to behavioral health support for adults with an intellectual disability or autism by replacing a complex multiparty review process with a clinical review requirement. It also removes the authority to use restraints on adults except as an emergency short-term step to protect the adult from imminent injury to that adult or others. It also codifies existing rules on safety devices, making it clear that such devices are not considered positive behavioral health support plans and therefore do not require the same level of review as positive behavioral health support plans. Also, to conform with current practice, the bill repeals a provision of law regarding the authority of providers of residential services to establish house rules in residential units owned or operated by the provider.
Current Status: Public Hearing held 3/18; Work Session on 4/16 at 1:30pm – HHS Committee.
LD 1509 Resolve, to Maintain Access to Home and Community-based Services for Adults with Intellectual Disabilities, Autism Spectrum Disorder or Brain Injury.
Summary: This resolve directs the Department of Health and Human Services to propose and implement the rates as determined by the department's rate study begun in 2023 and carried out pursuant to the provisions of the Maine Revised Statutes, Title 22, section 3173‑J for services provided by home and community-based services providers under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Sections 18, 20, 21 and 29 to adults with intellectual disabilities, autism spectrum disorder or brain injury.
Current Status: Referred to HHS Committee.
Key Committees and Committee Members, with contact information, are also included in the Google Doc. As a reminder, if you can’t attend Public Hearings when they occur, I would encourage you to submit testimony online , ideally on or before the day of the hearing.
Cullen: There is a lot of chaos going on – at every level. Please continue to raise your voice and tell your stories so that lawmakers can make good policy decisions on the needs of people with disabilities in Maine. It will continue to be a very busy, chaotic stretch but thank you for rallying and raising your voice over the next several months. We are all better for it.
Other Business: None.
The next meeting will be on Monday, May 12, 2025, 12-2:00pm, via Zoom*.
Featured Speaker and Topic: TBD.
Unless changed, Coalition meetings are on the 2nd Monday of the month from 12-2pm.
(In 2025 the October meeting will be the 3rd Monday due to the holiday)
The Maine Coalition for Housing and Quality Services provides equal opportunity for meeting participation. If you wish to attend but require an interpreter or other accommodation, please forward your request two weeks prior to the monthly meeting to [email protected].