A U.S. district judge approved a settlement between child welfare advocates and the Maine Department of Health and Human Services over the state’s administration of psychotropic medications to children in its care.
As part of the settlement, the state will develop a new portable health records system that follows children from one placement to the next, granting caretakers and medical officials access to complete and updated histories. The settlement also creates an informed consent process for designated adults and minors 14 or older, including establishing guidelines for hearing disputes.
The agreement also creates a clinical review team responsible for conducting secondary reviews before and after children receive psychotropic drugs.
Psychotropic medications include stimulants such as Ritalin and Adderall, antidepressants such as Zoloft and Xanax, antipsychotics and other mood-altering drugs. Hundreds of children in the state’s foster system have been prescribed at least one such drug, the lawfirm Bernstein Shur said in a statement.
Jack Woodcock, lead attorney at Bernstein Shur, said it was rewarding to see the case officially settled after years of work. The firm litigated the case alongside advocacy groups Children’s Rights and Maine Equal Justice.
“This is a significant accomplishment,” Woodcock said Wednesday afternoon. “It should ensure a healthier and safer life for one of Maine’s most vulnerable populations.”
District Judge Nancy Torresen signed the order formalizing the settlement Wednesday. The department and the advocacy groups first reached a settlement in March. The suit was filed in 2021.
Torresen also ordered the state to pay $675,000 in legal fees to the class attorneys, according to the filing. The court will retain jurisdiction over the case for the duration of the agreement, which lasts five years beginning the date an independent implementation reviewer’s contract begins.
Woodcock said Bernstein Shur took the case pro bono and will be passing on its proceeds to Children’s Rights.
Marissa C. Nardi, lead counsel at Children’s Rights, said the agreement helps ensure children are only given psychotropic medications when safe.
“Children in Maine’s foster care system have been subjected to powerful psychotropic medication without adequate guardrails for far too long,” Nardi said in a statement.
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