Justice Department Reaches Agreement with Nevada to Ensure Children with Behavioral Health Disabilities Can Live in Their Homes and Communities

The Justice Department announced today that it secured a settlement agreement with the State of Nevada to resolve the department’s findings that Nevada violates the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. by unnecessarily segregating children with behavioral health disabilities in institutional settings like hospitals and residential treatment facilities.

“Children with disabilities deserve to live with their families and in the communities they call home,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These children should not be isolated in hospitals and residential treatment facilities, far from their homes. In this settlement, Nevada has committed that children with behavioral health disabilities will receive the services they need to remain in their communities. We look forward to partnering with Nevada as it implements this agreement and ushers in a new era of meaningful reform.”

Under the ADA and the Olmstead decision, states must administer their services to people with disabilities in the most integrated setting appropriate to their needs. This agreement, filed today in the U.S. District Court for the District of Nevada, will allow Nevada’s children with behavioral health disabilities to access the services they need without being forced to leave their homes, schools, and communities. To increase community integration for these children, Nevada has made significant commitments in this agreement, including:

• Children who may have a behavioral health disability will be screened and assessed, and provided with service coordination;
• Children with behavioral health disabilities will have access to expanded home- and community-based services. These services include wraparound facilitation, mobile crisis and stabilization services, respite care, individual and family therapy, behavioral support services, family peer support and youth peer support;
• Nevada will improve diversion and transition processes to ensure children with behavioral health disabilities are being diverted from, and transitioned as quickly as possible from, segregated placements; and
• Nevada will strengthen its quality assurance and performance improvement system.

Earlier today, the department filed a complaint. At the same time, the parties asked the court to dismiss the complaint but retain jurisdiction to enforce the agreement. An independent reviewer will evaluate the state’s compliance with the agreement.

Children with disabilities have been a significant focus of the Civil Rights Division’s Olmstead enforcement work. In November 2024, the division entered an agreement with Maine resolving a lawsuit that alleged that Maine failed to serve children with behavioral health disabilities in the most integrated setting appropriate; in July 2023, the division secured a court victory in a case challenging Florida’s unnecessary institutionalization of children with complex medical needs; and in December 2022, the division issued a report finding that Alaska violated Title II of the ADA by unnecessarily institutionalizing children with behavioral health disabilities. Additional information about the Civil Rights Division is available at www.justice.gov/crt.