May 28, 2026
“Wisconsin’s children struggling with mental and behavioral health conditions do not have time to wait for the help they need.”
Milwaukee, WI –Children’s Rights today issued a report outlining how Wisconsin’s Medicaid programs are failing to adequately provide mental and behavioral health care services to children. Over 500,000 children – about 45% of the state’s child population – receive their health coverage under Medicaid.
The new report contains many of the same findings contained in a statewide action plan issued by Gov. Tony Evers earlier this month that examines the root causes of the state’s mental health crisis, and outlines how the government can improve access to mental and behavioral health treatment and services.
Children’s Rights’ report finds the state’s Medicaid systems to be underfunded and inaccessible, with enormous service disparities from county to county including services that are unavailable in some areas, insufficient in scope, frequency, or duration, or not provided in a timely manner. These failures are in violation of federal laws requiring Wisconsin to ensure access to a comprehensive array of intensive home- and community-based mental and behavioral health services.
“Despite the efforts of many dedicated stakeholders and several promising initiatives, the State continues to fall short in making these critical services accessible to the thousands of children who need them. Wisconsin’s most marginalized children are facing a mental health crisis — and the State is failing them. We hope that this report will serve as a guide for policy makers and advocates alike, and contribute to the development of a robust and sustainable mental and behavioral health service array for all of Wisconsin’s children.”
– Wisconsin’s Behavioral Health System for Medicaid-Eligible Children: Overview, Analysis, and Recommendations for Improvement
The benefits of home- and community-based mental health services have been borne out by expert medical opinion and court decisions across the country. Such services result in the best long-term outcomes for children. Because Wisconsin fails to provide them, children with mental health disabilities are unnecessarily placed in psychiatric hospitals and similar institutions for extended periods, where they not only don’t get better – their conditions continue to decline.
Children’s Rights compiled the report based on a review of hundreds of documents and data sources at the federal, state, and county level, and more than 30 interviews with over 50 stakeholders, including caregivers, youth, providers, public defenders, judges, and advocates.
Wisconsin’s mental health crisis has been brewing for years. A 2025 Office of Children’s Mental Health (OCMH) report showed significant percentages of children and youth in the state suffer from emotional, behavioral, or developmental conditions, experience anxiety, or feel sad or hopeless nearly every day – and their conditions have worsened over time. A survey of Milwaukee County revealed similarly concerning data.
Wisconsin’s lack of mental and behavioral health services has had a disproportionate impact on Black children who in a 2022-2023 survey reported a greater percentage of mental, emotional, developmental, or behavior problems compared to white children. Racial disparities are even more pronounced for Black children in the state’s foster system and those in juvenile detention, correctional, or residential facilities. In addition, many of the youth in need of treatment often face long delays, escalating their mental health conditions leading to the “criminalization” of their behaviors.
Teen advisors from counties across the state spoke with Children’s Rights. They expressed concerns about their age group’s poor mental health, pointing to key contributors like social media, politics, and exposure to trauma and violence. When they cannot receive the mental health care they need, they perform worse in school, pull away from their friendships, experience damaged family relationships, and become involved in the juvenile legal system or get kicked out of their homes. As one teen said, “Things that can hurt them shouldn’t be more accessible than things that can help them.”
The report offers recommendations to address the gaps in critical mental health services, improve intensive care coordination, in-home care, and mobile crisis services across the State, including addressing workforce shortages, and improving overall system design.
Children’s Rights has a long history of advocating for the reform of child-serving systems nationally. When Milwaukee’s child welfare system failed to protect children in its care, its lawyers filed a federal class action known as Jeanine B. v. Walker, leading to major improvements for children and families. Recent concerns raised by local advocates about problems in the provision of mental and behavioral health services under Wisconsin’s Medicaid system prompted Children’s Rights to publish this report.
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Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.