Justice Department Finds Kentucky in Violation of ADA for Inadequate Mental Health Services

LOUISVILLE, KY. — The U.S. Department of Justice announced that it has reasonable cause to believe that the Commonwealth of Kentucky is violating the Americans with Disabilities Act (ADA) by unnecessarily segregating adults with serious mental illness in psychiatric hospitals, rather than providing appropriate care in integrated community settings within the Louisville/Jefferson County Metro area.

The investigation revealed that Kentucky's reliance on psychiatric hospitals instead of community-based mental health services has led to a troubling cycle of repeated hospitalizations for individuals with serious mental illness. "People with serious mental illnesses in Louisville are caught in an unacceptable cycle of repeated psychiatric hospitalizations because they cannot access community-based care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

Clarke acknowledged Kentucky's cooperation during the investigation and noted that the state has already started taking steps to improve access to critical services, such as crisis response, medication management, and housing and employment support. "Our goal is to work collaboratively with Kentucky so that it implements the right community-based mental health services and complies with the ADA," Clarke added.

U.S. Attorney Michael A. Bennett for the Western District of Kentucky emphasized the importance of these findings: "These findings demonstrate that the Commonwealth of Kentucky fails to provide adequate community-based mental health services for individuals with serious mental illness in the Louisville Metro area. Beyond the violations, however, these findings are also about recognizing the dignity and potential of every individual who has mental illness."

The Justice Department’s investigation identified significant gaps in Kentucky's mental health services, including the lack of mobile crisis response, crisis stabilization, Assertive Community Treatment, Permanent Supportive Housing, and supported employment. These deficiencies have resulted in thousands of people being admitted to psychiatric hospitals in Louisville each year, with more than a thousand individuals experiencing multiple admissions to these restrictive settings. Many of these hospitalizations could be avoided with the availability of proper community-based services.

The lack of community-based services has also placed an undue burden on law enforcement, making them the default responders to mental health crises, which has led to unnecessary police encounters and increased incarceration rates among those with serious mental illnesses.

These issues are compounded by deficiencies in Louisville Metro Government’s emergency response system. In a separate investigation concluded in March 2023, the Justice Department found that the Louisville Metro Government and Louisville Metro Police Department violated the ADA by subjecting individuals with behavioral health disabilities to unnecessary police responses. Negotiations are currently underway to establish a consent decree to address these and other related issues.

The Justice Department’s findings highlight the urgent need for Kentucky to expand its community-based mental health services to ensure compliance with the ADA and to support the well-being of its residents with serious mental illnesses.

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