LINCOLN- The U.S. Department of Justice concluded that Nebraska unnecessarily institutionalizes adults with serious mental illness in violation of their civil rights. The Justice Department said Nebraskans are being segregated in assisted living and day program facilities, in violation of the Americans with Disabilities Act and the U.S. Supreme Court’s 1999 decision in Olmstead v. L.C.

The department interviewed affected Nebraskans, agency heads and others after beginning an investigation June 25, 2021, following multiple complaints. Meanwhile, the Nebraska Department of Health and Human Services expressed disappointment in federal assessment, pointing to work it said has been done to improve services.

In a letter to Gov. Jim Pillen, Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division said the department wants to “work cooperatively” to resolve the findings. This includes entering settlement negotiations and an agreement to remedy the identified violations. If Nebraska does not negotiate, or if the talks fail, the federal government said it could take appropriate action, which could include legal action, to remedy the violations.

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