Case: Juan F. v. Rell

2:89-cv-00859 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 19, 1989

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action brought by children placed in Connecticut's Department of Children and Youth Services (DCYS) was filed on December 19, 1989, in the U.S. District Court for the District of Connecticut. The plaintiffs were represented by the Connecticut Civil Liberties Union Foundation and the American Civil Liberties Union. They sought declaratory and injunctive relief against the state to redress deficiencies in the child welfare system, claiming that the state violated the Adoption Assistanc…

This class action brought by children placed in Connecticut's Department of Children and Youth Services (DCYS) was filed on December 19, 1989, in the U.S. District Court for the District of Connecticut. The plaintiffs were represented by the Connecticut Civil Liberties Union Foundation and the American Civil Liberties Union. They sought declaratory and injunctive relief against the state to redress deficiencies in the child welfare system, claiming that the state violated the Adoption Assistance and Child Welfare Act of 1980, the Child Abuse Prevention and Treatment Act, and the First, Ninth, and Fourteenth Amendments.

The complaint alleged that the defendants failed to:

  • provide adequate protective services to abused, neglected, or at risk children;

  • provide adequate medical care, mental health treatment, substance abuse treatment, sexual abuse treatment to children in DCYS care;

  • ensure that all children in DCYS care receive appropriate and least restrictive placements;

  • ensure that all reports regarding these children are investigated and responded to promptly by caseworkers;

  • provide sufficient and trained staff;

  • provide adequate records and information systems;

  • make reasonable efforts to keep families together by providing threatened families with reasonable and appropriate services to prevent placement into out-of-home care;

  • provide minimally adequate and appropriate care to all of the children, placed by DCYS, into foster homes or similar settings;

  • move children into adoptive or other permanent homes when reunification is impossible; and

  • develop and implement appropriate case plans that will assure permanent placements for all children in their custody.
On January 7, 1991, the parties reached a settlement agreement mandating broad scale reform. The Court entered a consent decree reflecting their agreement and requiring the defendants to:
  • establish a training academy and statewide computerized data system;
  • appoint an advisory board;
  • design and implement a management structure that delineates reporting relationships;
  • establish a health management unit for children under the supervision, care or custody of the department;
  • increase staff by hiring qualified and experienced individuals;
  • establish comprehensive guidelines and regulations to facilitate the uniform intake and investigation of reports of suspected child abuse or neglect;
  • institute standards for treatment, case management, and family training,
  • implement objectives and goals for adoptions,
  • establish regional resource groups for consultations and evaluations;
  • develop procedures to complete Probate Court Ordered Studies within the timeframes specified by state law; and
  • establish a DCYS Monitoring Panel to determine, promulgate, or approve standards and procedures to fulfill the mandates of the Consent Decree, to implement reasonable timetables, and to establish mandatory funding amounts to ensure compliance.
The Consent Decree could be modified, amended, or changed by the trial judge, but only upon the filing of an appropriate motion by a party or the DCYS Monitoring Panel.

On December 19, 1996, the plaintiffs filed a motion for contempt. The defendants admitted to noncompliance and after extended negotiations the defendants agreed in October 2003 to: require the monitor to develop a definitive exit plan with specific outcomes; establish a Transition Task Force to assume all decisionmaking authority having substantial impact on the plaintiffs' safety and welfare; establish funds of $1 million for meeting emergency needs of class members; and to ensure that the governor would not replace the Commissioner during the term of this order without consulting the monitor first. Shortly thereafter, the monitor developed an exit plan detailing the necessary reforms and benchmarks that the defendants would have to meet. This plan was entered as a court order on December 23, 2003. It was modified three years later.

Despite some improvements made by the defendants, the plaintiffs formally reported noncompliance again on May 5, 2008. Two months later, the plaintiffs withdrew their assertions of noncompliance pursuant to another stipulated agreement in which the defendant's agreed to comply with the foster-care recruitment and retention plans, administrative case reviews and treatment planning conferences plans, and health-care requirements.

In December 2009, the plaintiffs moved for a temporary restraining order, a preliminary injunction, and a permanent injunction to prevent the defendants from suspending new intakes to one of their programs, the Voluntary Services Program. The defendants responded by arguing that the children receiving treatment or assistance in that program were not members of the plaintiff class. A year later, the court ruled in favor of the plaintiffs, stating that children in the Voluntary Services Program were indeed members of the class. On August 17, 2010, the court granted in part and denied in part the motion for preliminary injunction and motion for permanent injunction. The defendants filed a motion for reconsideration on August 31, 2010, but the court denied the motion four months later. 2010 U.S. Dist. LEXIS 135238; 2010 WL 5376224.

In the meantime, while that motion for injunctive relief was pending, on April 13, 2010, the defendants sought to vacate the Consent Decree and Exit Plan, claiming that the objectives of the Consent Decree and Exit Plan had been achieved and that factual and legal changes would make continued enforcement unfair. The court denied the defendant’s motion to vacate on September 22, 2010. The court also directed the parties to meet immediately with the court monitor to discuss new methods of evaluating the state's performance. 2010 U.S. Dist. LEXIS 99455; 2010 WL 5590094.

For the next seven years, the monitor periodically provided the court with revised exit plan quarterly reports. The most recent exit plan was submitted by the court monitor's office on May 1, 2017. The parties were then given an opportunity to respond to the recommended exit plan, and when both did, the court scheduled settlement talks with Magistrate Judge Holly B. Fitzsimmons for later that year.

It's not clear if the parties agreed on a revised exit plan or if the court adopted one on its own, but on December 13, 2017, the Court entered a 2017 Revised Exit Plan and it appears that since then the case has continued by reference to compliance with that. That exit plan identified 14 relevant outcome measures. The plan also required the Court Monitor to conduct what it referred to as "Certification" reviews to ensure that defendants were in compliance with all of the outcome measures, and in sustained compliance with all of the outcome measures for at least two quarters prior to asserting compliance. The Court Monitor would then conduct a review of a statistically significant valid sample of cases to determined whether the defendants were in compliance.

The parties and Court Monitor later created a "Pre-Certification" review process. This intended to obviate the need to implement the full certification review for certain outcome measures after sustained compliance had been achieved for all outcome measures. Under this process, if DCF achieved sustained compliance for at least two consecutive quarters, the Court Monitor could, in his discretion, conduct a pre-certification review. The purpose of this review was to identify and provide a prompt and timely opportunity to remedy any problem areas.

In February of 2019, the Court Monitor released the Revised Exit Plan Status Report, covering the period from April 1, 2018, to September 30, 2018. It found that of the ten remaining outcome measures, there were five that had not been pre-certified.

A year later, in February of 2020, the Court Monitor released another Exit Plan Status Report, covering the period from April 1, 2019 to September 30, 2019. The monitor found one more of the outstanding outcome measures, relating to the caseloads of DCF social workers, had been pre-certified, leaving four outcome measures awaiting pre-certification.

As of October 7, 2020, the Court Monitor has continued to assess compliance under the 2017 Revised Exit Plan, and the litigation is ongoing, presumably until the outcome measures required by the exit plan are met.

Summary Authors

Alice Liu (2/22/2013)

Frances Hollander (2/21/2016)

Susie Choi (3/15/2017)

Chris Pollack (4/21/2019)

Jonah Hudson-Erdman (10/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4584367/parties/juan-f-v-rell-governor/


Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Fitzsimmons, Holly B. (Connecticut)

Nevas, Alan Harris (Connecticut)

Underhill, Stefan R. (Connecticut)

Zampano, Robert Carmine (Connecticut)

Attorneys(s) for Plaintiff

Blank, Adam J. (Connecticut)

Frederick, Steven M. (Connecticut)

Geballe, Shelley D. (Connecticut)

Gracer, Jeffrey B. (New York)

Lowry, Marcia Robinson (New York)

Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Fitzsimmons, Holly B. (Connecticut)

Nevas, Alan Harris (Connecticut)

Underhill, Stefan R. (Connecticut)

Zampano, Robert Carmine (Connecticut)

Attorneys(s) for Plaintiff

Blank, Adam J. (Connecticut)

Frederick, Steven M. (Connecticut)

Geballe, Shelley D. (Connecticut)

Gracer, Jeffrey B. (New York)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Newman, Jonel (Connecticut)

Pitchal, Erik S. (New York)

Polansky, Jessica E. (New York)

Stone, Martha (Connecticut)

Wiltsek, Gena E. (New York)

Wizner, Stephen (Connecticut)

Attorneys(s) for Defendant

Hardy, David S. (Connecticut)

Kohler, Mark F. (Connecticut)

Massicotte, Kimberly P. (Connecticut)

Pearlman, Susan T. (Connecticut)

Peterson, Anne D. (Connecticut)

Ragaglia, Kristine D. (Connecticut)

Robertson, James K. Jr. (Connecticut)

Rubin, Ann R. (Connecticut)

Scholl, Jane S. (Connecticut)

Skold, Michael K. (Connecticut)

Tucker, John Essex (Connecticut)

Webster, Arthur E. (Connecticut)

Welsh, James P. (Connecticut)

Williams, Kristine D. (Connecticut)

Zinn Rowthorn, Perry A. (Connecticut)

Zivyon, Benjamin (Connecticut)

Other Attorney(s)

Collins, Barbara J. (Connecticut)

Creamer, Susan R. (Connecticut)

Ghio, Christina D. (Connecticut)

Expert/Monitor/Master

Annexstein, Leslie T. (New York)

Atkins, David P. (Connecticut)

Hutchison, Joseph C. (Connecticut)

Mancuso, Raymond (Connecticut)

Ronan, Timothy G. (Connecticut)

Shearin, James T. (Connecticut)

Sirry, Ray D. (Connecticut)

Sullivan, David Joseph Jr. (Connecticut)

Zeldes, Jacob D. (Connecticut)

Documents in the Clearinghouse

Document

2:89-cv-00859

Docket [PACER]

April 18, 2017

April 18, 2017

Docket

2:89-cv-00859

Class Action Complaint

Juan F. v. O'Neill

Dec. 9, 1989

Dec. 9, 1989

Complaint

2:89-cv-00859

Consent Decree

Juan F. v. O'Neill

Jan. 7, 1991

Jan. 7, 1991

Settlement Agreement
447

2:89-cv-00859

Stipulation

Juan F. v. Rowland

Oct. 7, 2003

Oct. 7, 2003

Order/Opinion
454

2:89-cv-00859

Order (Adopting Monitor's Exit Plan)

Juan F. v. Rowland

Dec. 23, 2003

Dec. 23, 2003

Order/Opinion
467

2:89-cv-00859

Order

Juan F. v. Rowland

March 29, 2004

March 29, 2004

Order/Opinion
471

2:89-cv-00859

Order

Aug. 3, 2004

Aug. 3, 2004

Order/Opinion
520

2:89-cv-00859

Revised Exit Plan

July 11, 2006

July 11, 2006

Monitor/Expert/Receiver Report

2:89-cv-00859

Stipulation Regarding Outcome Measures 3 and 15

July 15, 2008

July 15, 2008

Order/Opinion
574

2:89-cv-00859

Order of Transfer

Jan. 27, 2009

Jan. 27, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4584367/juan-f-v-rell-governor/

Last updated Aug. 4, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
118

RULING on pltfs amended mtn for atty fees:$335,828.73 in attys fees and $122,804.00 in costs to pltfs counsel. SEE FOR FURTHER DETAILS ( signed by Senior Judge Robert C. Zampano ) (Former Employee) (Entered: 01/02/1992)

Dec. 30, 1991

Dec. 30, 1991

PACER
119

MOTION by O'Neill, Dcys to clarify the Consent Decree (Brief Due 2/18/92 ) (Former Employee) Modified on 02/03/1992 (Entered: 01/27/1992)

Jan. 27, 1992

Jan. 27, 1992

PACER
120

MEMORANDUM by O'Neill, Dcys in support of [119-1] motion to clarify the Consent Decree by Dcys, O'Neill (Former Employee) Modified on 02/03/1992 (Entered: 01/27/1992)

Jan. 27, 1992

Jan. 27, 1992

PACER
121

MOTION by S., S., R., M., J., F., C., B., B. to Extend Time until 3/10/92 to respond to deft mtn to clarify (Former Employee) (Entered: 02/20/1992)

Feb. 19, 1992

Feb. 19, 1992

PACER

ENDORSEMENT denying without prejudice for failure to co mply with Local Rule 9(b)2, as amended 5/1/90 [121-1] motion to Extend Time until 3/10/92 to respond to deft mtn to clarify ( signed by Clerk ) (Former Employee)

Feb. 21, 1992

Feb. 21, 1992

PACER
122

MOTION by S., S., R., M., J., F., C., B. to Extend Time until 3/10/92 to respond to defts mtn to clarify (Former Employee) (Entered: 02/27/1992)

Feb. 27, 1992

Feb. 27, 1992

PACER

ENDORSEMENT granting [122-1] motion to Extend Time until 3/10/92 to respond to defts mtn to clarify, Brief Deadline set for 3/10/92 [119-1] motion to clarify the Consent Decree ( signed by Judge Alan H. Nevas ) (Former Employee)

Feb. 28, 1992

Feb. 28, 1992

PACER
123

MEMORANDUM by S., S., R., M., J., F., C., B., B. in opposition to [119-1] motion to clarify the Consent Decree by Dcys, O'Neill (Former Employee) (Entered: 03/10/1992)

March 10, 1992

March 10, 1992

PACER

Motion hearing re: [119-1] motion to clarify the Consent Decree by Dcys, O'Neill set at 10:00 4/2/92 ( AHN) (Former Employee)

March 17, 1992

March 17, 1992

PACER
124

MOTION by O'Neill, Dcys to Withdraw [119-1] motion to clarify the Consent Decree by Dcys, O'Neill (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
125

MOTION by O'Neill, Dcys to Modify consent Decree (#90) (Brief Due 6/1/92 ) (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
126

MOTION by O'Neill, Dcys for Leave to File memorandum of law over 40 pages (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
127

AFFIDAVIT of Lorraine M. Aronson Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
128

AFFIDAVIT of Rose Alma Senatore Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
129

AFFIDAVIT of Dolores M. Woodward Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
130

AFFIDAVIT of Sharon A. Martin Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
131

AFFIDAVIT of Jean Watson Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
132

AFFIDAVIT of David C. Lass Re (Former Employee) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

PACER
133

MOTION by O'Neill, Dcys to Stay of proceedings to enforce the judgment (Brief Due 6/1/92 ) (Former Employee) (Entered: 05/13/1992)

May 11, 1992

May 11, 1992

PACER
134

MEMORANDUM by O'Neill, Dcys in support of [133-1] motion to Stay of proceedings to enforce the judgment by Dcys, O'Neill (Former Employee) (Entered: 05/13/1992)

May 11, 1992

May 11, 1992

PACER

ENDORSEMENT granting [124-1] motion to Withdraw [119-1] motion to clarify the Consent Decree by Dcys, O'Neill ( signed by Judge Alan H. Nevas ) (Former Employee)

May 13, 1992

May 13, 1992

PACER

ENDORSEMENT denying [126-1] motion for Leave to File memorandum of law over 40 pages ( signed by Judge Alan H. Nevas ) (Former Employee)

May 28, 1992

May 28, 1992

PACER
135

Supplemental MEMORANDUM by O'Neill, Dcys in support of [125-1] motion to Modify consent Decree (#90) by Dcys, O'Neill (Former Employee) (Entered: 06/01/1992)

May 29, 1992

May 29, 1992

PACER
136

MOTION by S., S., R., M., J., F., C., B., B. to Extend Time for 30 days until after defts comply with pltfs discovery request and depositions are completed to answer defts mtn for stay and motion for modification (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
137

NOTICE of Service of pltfs request for production of documents, fld by S., S., R., M., J., F., C., B., B. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
138

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Mary Ann Palmarozza on 7/10/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
139

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Dr. Kenneth Tobin on 7/10/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
140

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Dr. Al Solnit on 7/15/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
141

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Edward Fitch on 7/15/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
142

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of David Friez on 7/10/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
143

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Norma Totah on 7/8/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
144

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Ann Quinn on 7/8/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
145

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of David Lass on 7/15/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
146

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Jean Watson on 7/6/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
147

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Dr. Mark Simms on 7/8/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
148

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Lorraine M. Aronson on 7/6/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
149

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Delores M. Woodward on 7/6/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
150

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Sharon Martin on 7/17/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
151

NOTICE by S., S., R., M., J., F., C., B., B. to take deposition of Comm. Rose Alma Senatore on 7/17/92. (Former Employee) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

PACER
152

MEMORANDUM by O'Neill, Dcys in support of [125-1] motion to Modify consent Decree (#90) by Dcys, O'Neill (Former Employee) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

PACER
153

APPEARANCE of Attorney for O'Neill, Dcys -- Jane S. Scholl (Former Employee) (Entered: 06/10/1992)

June 9, 1992

June 9, 1992

PACER
154

OBJECTIONS by O'Neill, Dcys to [136-1] motion to Extend Time for 30 days until after defts comply with pltfs discovery request and depositions are completed to answer defts mtn for stay and motion for modification by plaintiff (Former Employee) (Entered: 06/10/1992)

June 9, 1992

June 9, 1992

PACER

Motion hearing held re: [136-1] motion to Extend Time for 30 days until after defts comply with pltfs discovery request and depositions are completed to answer defts mtn for stay and motion for modification by plaintiff. Dec. Res. ( AHN) (Former Employee)

June 10, 1992

June 10, 1992

PACER

MINUTE Entry: [136-1] motion to Extend Time for 30 days until after defts comply with pltfs discovery request and depositions are completed to answer defts mtn for stay and motion for modification under advisement ( AHN) (Former Employee)

June 10, 1992

June 10, 1992

PACER
155

ORDER referring case to Mag. Judge Thomas P. Smith for the purpose of resolving all discovery disputes in connection with the stipulated discovery schedule pertaining to thedefts mtn tomodify the consent decree (signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 06/15/1992)

June 12, 1992

June 12, 1992

PACER
156

Witness list by O'Neill, Dcys (Former Employee) (Entered: 06/25/1992)

June 25, 1992

June 25, 1992

PACER
157

NOTICE of Answers to Request for Production, fld by O'Neill, Dcys (Former Employee) (Entered: 06/25/1992)

June 25, 1992

June 25, 1992

PACER
158

Answer to Request for Production of Documents by O'Neill, Dcys (Former Employee) (Entered: 06/25/1992)

June 25, 1992

June 25, 1992

PACER
159

ORDER referring case to Senior Judge Robert C. Zampano for the purpose of to perform the duties delineated in Sec XXV(J)(2) of the Consent Decree... (signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 07/01/1992)

June 30, 1992

June 30, 1992

PACER
160

TRANSCRIPT for dates of 1/7/91 (Court reporter: John Brandon) (Former Employee) (Entered: 07/06/1992)

July 6, 1992

July 6, 1992

PACER
161

STIPULATION and Request for Order by S., S., R., O'Neill, M., J., F., Dcys, C., B., B., CT Counsel 4 (Former Employee) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

PACER
162

ORDER approving and adopting [161-1] stipulation. See order for details ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

PACER
163

ORDER: Pursuant to the consent Decree, David J. sullivan, Jr. is hereby appointed as the sole monitor in this matter (see for details) ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 10/27/1992)

Oct. 26, 1992

Oct. 26, 1992

PACER
164

ORDER Re: Fees of the DCYS Court Monitor ( See for Details) ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 11/16/1992)

Nov. 16, 1992

Nov. 16, 1992

PACER
165

ORDER Re: Necessary Expenditures of the DCYS Court Monitor: pursuant to CONSENT DECREE, The Court finds the retention of a child welfare expert as a consultant to the Court monitor to be a necessary expenditure, and authorizes the Monitor to enter into a contract for these services. ( signed by Judge Alan H. Nevas ) (PLEASE SEE THE ORDER FOR DETAILS) (Former Employee) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

PACER
166

MONITORING ORDER, entered. (See order for details) ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

PACER

ENDORSEMENT denying without prejudice to renewal [125-1] motion to Modify consent Decree (#90) ( signed by Judge Alan H. Nevas ) (Former Employee)

March 19, 1993

March 19, 1993

PACER

ENDORSEMENT denying as moot [133-1] motion to Stay of proceedings to enforce the judgment ( signed by Judge Alan H. Nevas ) (Former Employee)

March 19, 1993

March 19, 1993

PACER

ENDORSEMENT denying as moot [136-1] motion to Extend Time for 30 days until after defts comply with pltfs discovery request and depositions are completed to answer defts mtn for stay and motion for modification ( signed by Judge Alan H. ) (Former Employee)

March 19, 1993

March 19, 1993

PACER
167

STIPULATION Regarding Costs & Attys' Fees by S., S., R., O'Neill, M., J., F., Dcys, C., B., B., CT Counsel 4 (Former Employee) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

PACER
168

ORDER granting [167-1] stipulation. It is hereby ORDERED that defts shall pay to pltfs w/i 60 days of the date of this Order, the amt of $75,000 in full satisfaction of pltfs' req for costs & attys' fees for work perfomrd during the period from 6/6/91 thru 12/30/92. ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

PACER
169

Monitor's Certificate of Issue & Recommendations, filed by David J. Sullivan, Jr. (Former Employee) (Entered: 06/15/1993)

June 15, 1993

June 15, 1993

PACER
170

APPEARANCE of Attorney for O'Neill, Dcys -- James P. Welsh (Former Employee) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

PACER
171

OBJECTION To Monitor's Certfification of Issues & Recommendations by O'Neill, Dcys re: [169-1] (Former Employee) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

PACER

Motion hearing held re: [125-1] motion to Modify consent Decree (#90) by Dcys, O'Neill ( AHN) (Former Employee)

June 25, 1993

June 25, 1993

PACER

MINUTE Entry: The Court accepts the recommendation of the monitor & orders the consent decree be amended.( AHN) (Former Employee)

June 25, 1993

June 25, 1993

PACER
172

(Juan F. Semi-Annual) STATUS REPORT, submitted by David J. Sullivan, Esq., Court Monitor (Former Employee) (Entered: 07/02/1993)

June 30, 1993

June 30, 1993

PACER
173

TRANSCRIPT for dates of June 25, 1993 (Court reporter: Susan E. Catucci) (Former Employee) (Entered: 07/06/1993)

July 6, 1993

July 6, 1993

PACER
175

NOTICE OF APPEAL of Hearing on District Court's Order modifying the Consent Decree on June 25, 1993 by O'Neill, Dcys . FILING FEE $ 105.00 RECEIPT # 130942 Certified Copy of Appeal and Docket mailed to USCA Appeal record due on 8/16/93 (Former Employee) (Entered: 07/15/1993)

July 7, 1993

July 7, 1993

PACER

ENDORSEMENT denying for the reasons stated on the record @ the hrg held on 6/25/93 [171-1] objection ( signed by Judge Alan H. Nevas ) (Lopez, B.)

July 9, 1993

July 9, 1993

PACER
174

MOTION by (pltfs) S., S., R., M., C., B., B. to Extend Time until Sept. 30, 1993 in which to file a Mot for costs & Attys' Fees (Former Employee) (Entered: 07/13/1993)

July 12, 1993

July 12, 1993

PACER

ENDORSEMENT granting [174-1] motion to Extend Time until Sept. 30, 1993 in which to file a Mot for costs & Attys' Fees ( signed by Judge Alan H. Nevas ) (Former Employee)

July 15, 1993

July 15, 1993

PACER
176

MOTION by S., S., R., M., J., F., C., B., B. for Shelley Geballe to Withdraw as Attorney (Brief Due 8/10/93 ) (Torday, B.) (Entered: 07/20/1993)

July 20, 1993

July 20, 1993

PACER

ENDORSEMENT granting [176-1] motion for Shelley Geballe to Withdraw as Attorney (Terminated attorney Shelley D. Geballe for B., attorney Shelley D. Geballe for B., attorney Shelley D. Geballe for C., attorney Shelley D. Geballe for F., attorney Shelley D. Geballe for J., attorney Shelley D. Geballe for M., attorney Shelley D. Geballe for R. ( signed by Judge Alan H. Nevas ) (Former Employee)

July 23, 1993

July 23, 1993

PACER

ENDORSEMENT granting [176-1] motion for Shelley Geballe to Withdraw as Attorney (Terminated attorney Shelley D. Geballe for S., attorney Shelley D. Geballe for S. ( signed by Judge Alan H. Nevas ) (Former Employee)

July 23, 1993

July 23, 1993

PACER
177

MONITOR'S COMPLIANCE REPORT, Filed by David J. Sullivan, Jr., Court Monitor. (Torday, B.) (Entered: 09/01/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
178

Monitor's Certification of Issues and Recommendations by David J. Sullivan, Jr., Court Monitor (Former Employee) (Entered: 09/09/1993)

Sept. 9, 1993

Sept. 9, 1993

PACER
179

Scheduling Order from USCA regarding [175-1] appeal by Dcys, O'Neill USCA Number: 93-7714 Appeal Record due 9/13/93 (Warren, C.) (Entered: 09/14/1993)

Sept. 9, 1993

Sept. 9, 1993

PACER

INDEX to Record on Appeal mailed to USCA: [175-1] appeal by Dcys, O'Neill. Copies of Index mailed to counsel of record. (Warren, C.)

Sept. 16, 1993

Sept. 16, 1993

PACER
180

MOTION by S., S., R., M., J., F., C., B., B. for Costs, and for Attorney Fees (Brief Due 10/21/93 ) (Former Employee) (Entered: 10/01/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
181

AFFIDAVIT of Martha Stone by S., S., R., M., J., F., C., B., B. Re [180-2] motion for Attorney Fees by plaintiffs (Former Employee) (Entered: 10/01/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
182

AFFIDAVIT of Shelley Geballe by S., S., R., M., J., F., C., B., B. Re [180-1] motion for Costs by plaintiffs, [180-2] motion for Attorney Fees by plaintiffs (Former Employee) (Entered: 10/01/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
183

AFFIDAVIT of Jonel Newman by S., S., R., M., J., F., C., B., B. Re [180-1] motion for Costs by plaintiffs, [180-2] motion for Attorney Fees by plaintiffs (Former Employee) (Entered: 10/01/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
184

MEMORANDUM by S., S., R., M., J., F., C., B., B. in support of [180-1] motion for Costs by plaintiffs, [180-2] motion for Attorney Fees by plaintiffs (Former Employee) (Entered: 10/01/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER

ACKNOWLEDGED receipt of Record on Appeal at USCA on 09/20/93 received re: [175-1] appeal by Dcys, O'Neill USCA Number: 93-7714 (Warren, C.)

Oct. 6, 1993

Oct. 6, 1993

PACER

ENDORSEMENT granting, absent objection [180-1] motion for Costs, granting [180-2] motion for Attorney Fees ( signed by Judge Alan H. Nevas ) (Lopez, B.)

Nov. 9, 1993

Nov. 9, 1993

PACER
185

ORDER, ent: ORDERED that defts shall pay pltfs w/in 60 days of the date of this Order, the amt of $30,000 in full satisfaction of pltfs' req for costs & attys' fees. ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 11/17/1993)

Nov. 17, 1993

Nov. 17, 1993

PACER
186

APPEARANCE of Attorney for O'Neill, Dcys -- Kristine D. Ragaglia (Kolesnikoff, D.) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

PACER
187

MOTION by O'Neill, Dcys to Stay Case to enforce judgment pending appeal (Brief Due 12/23/93 ) (Kolesnikoff, D.) (Entered: 12/03/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER
188

MEMORANDUM by O'Neill, Dcys in support of [187-1] motion to Stay Case to enforce judgment pending appeal by Dcys, O'Neill (Kolesnikoff, D.) (Entered: 12/03/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER
189

Juan F. Semi-annual Status Report filed by court monitor David J. Sullivan, Jr. (Kolesnikoff, D.) (Entered: 01/11/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
190

Juan F. Case Review filed by court monitor David J. Sullivan, Jr. (Kolesnikoff, D.) (Entered: 01/11/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
191

Training Academy Assessment, November 1993 submitted by court monitor, David J. Sullivan, Jr. (Kolesnikoff, D.) (Entered: 01/11/1994)

Jan. 11, 1994

Jan. 11, 1994

PACER
192

OBJECTIONs by O'Neill, Dcys re: [190-1] remark, [189-1] remark (Lopez, B.) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

PACER

Record on Appeal Mailed to USCA: [175-1] appeal by DCYS, O'Neill (Lopez, B.)

March 30, 1994

March 30, 1994

PACER

First Supplement to the Record on Appeal Mailed to USCA: [175-1] appeal by Dcys, O'Neill (Warren, C.)

April 14, 1994

April 14, 1994

PACER

ENDORSEMENT denying [187-1] motion to Stay Case to enforce judgment pending appeal as noot in light of 2nd Circuit order dated 12/17/93, granting motion to stay ( signed by Judge Alan H. Nevas ) (Lopez, B.)

April 19, 1994

April 19, 1994

PACER

ACKNOWLEDGED receipt of Record on Appeal at USCA on 4/15/94 received re: [175-1] appeal by Dcys, O'Neill USCA Number: 93-7714 (Warren, C.)

April 25, 1994

April 25, 1994

PACER
193

ORDER : The Monitoring Order dated 12/1/92, is hereby amended by deleting paragraph IX & substituting the following language: (see for details). Pursuant to the foregoing, the Hon. Holly B. Fitzsimmons, U.S. Mag. Judge is hereby appointed. ( signed by Judge Alan H. Nevas ) (Lopez, B.) (Entered: 05/18/1994)

May 18, 1994

May 18, 1994

PACER
194

MOTION by David J. Sullivan Jr. to Amend [166-1] monitoring order (Lopez, B.) (Entered: 05/19/1994)

May 19, 1994

May 19, 1994

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 1989

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of all children who are now, or will be, in the care, custody, or supervision of the Commissioner of the Department of Children and Families as a result of being abused, neglected or abandoned or being found at risk of such maltreatment; andAll children about who the Department knows, or should know by virtue of a report to the Department, who are now, or will be, abused, neglected or abandoned, or who are now, or will be, at serious risk of such maltreatment.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Jerome N. Frank Legal Services Organization (Yale)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Department of Children and Families, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $278,283.97

Order Duration: 1991 - None

Content of Injunction:

Monitor/Master

Monitoring

Recordkeeping

Reporting

Training

Preliminary relief granted

Issues

General:

Adoption

Classification / placement

Counseling

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Government Services

Grievance Procedures

Incident/accident reporting & investigations

Individualized planning

Juveniles

Neglect by staff

Parents (visitation, involvement)

Placement in mental health facilities

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Record-keeping

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Disability:

Least restrictive environment

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act