Case: R.C. v. Hornsby

2:88-cv-01170 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 15, 1988

Closed Date: 2007

Clearinghouse coding complete

Case Summary

As we have been unable to locate the complaint and a few of the earlier opinions for this case, some information in this summary is based on material made available by the Alabama Department of Human Resources and from the National Center for Youth Law.On November 15, 1988, the children of Alabama with behavioral or emotional disorders filed an action against the Alabama Department of Human Resources (DHR). The plaintiffs were represented by the Bazelon Center, Alabama Disabilities Advocacy Pro…

As we have been unable to locate the complaint and a few of the earlier opinions for this case, some information in this summary is based on material made available by the Alabama Department of Human Resources and from the National Center for Youth Law.

On November 15, 1988, the children of Alabama with behavioral or emotional disorders filed an action against the Alabama Department of Human Resources (DHR). The plaintiffs were represented by the Bazelon Center, Alabama Disabilities Advocacy Program, and Southern Poverty Law Center. for (1) failure to provide plaintiffs and their families with in-home supports and other services needed to preserve family unity; and (2) to provide plaintiffs with appropriate care, treatment, and services after removal from home. Plaintiffs asserted that DHR violated their constitutional rights to family integrity, proper care while in state custody, adequate mental health care, reasonable efforts toward reunification, and freedom from discrimination on the basis of their disabilities in violation of § 504 of the Rehabilitation Act.

According to the National Center for Youth Law, on April 19, 1989, the district court held that plaintiffs had a private right of action to enforce the federal statutory claims. The court also rejected DHR's assertions of qualified immunity and Eleventh Amendment immunity.

In June 1991, the court approved a consent decree that required the creation of a "system of care" run according to principles emphasizing placement prevention, family reunification, permanency, and home-based and community-based services. The system was designed to assist children (1) with emotional or behavioral disorders who are in foster care; (2) with emotional or behavioral disorders who are at imminent risk of foster care placement; and/or (3) at imminent risk of foster care placement who are at high risk of developing emotional or behavioral disorders.

The system of care is required to provide services to these children and their families to protect the children from abuse and neglect, and to enable the children to live with their families, achieve permanency and stability, and become stable, gainfully employed adults pursuant to an individualized service plan. The decree is structured to ensure that family preservation services are provided to most children at imminent risk of foster placement.

An implementation agreement, incorporated into the decree, describes how the state will achieve compliance with the decree through initiatives in staff training, service development, quality assurance, and advocacy for class members and their families. Implementation began in October 1992. Each year, a group of counties representing 15% of the child welfare caseload were targeted for reform. These counties were required to implement fully the consent decree's requirements by the end of their "conversion" year. The goal was full statewide compliance by October 1, 1999. An independent monitor has been overseeing compliance.

By fall 1993, though the first group of counties had achieved progress, obstacles in compliance remained, and the parties negotiated a new consent order to resolve implementation barriers. The new order required hiring senior-level staff, setting caseload standards, creating a resource development plan, reinvesting cost-savings, and improving the system of contracting with private providers.

Plaintiffs' March 1997 contempt motion was resolved with a consent order extending the time for compliance and granting other relief in February 1999. One year later, the court approved an order to ensure that all child welfare workers were appropriately certified and licensed.

In November 2004, defendant filed a motion for an order terminating the consent decree. In May 2005, the court found that DHR had not submitted evidence sufficient to sustain its burden of demonstrating that DHR is and will remain in substantial compliance with the terms of the consent decree and the implementation plan required for termination of the decree. The court ordered DHR to file a performance report in August 2005.

In August 2005, DHR submitted a performance report and a second motion for an order terminating the consent decree. The court requested that the court monitor file a report responding to the assertions in DHR's second motion and plaintiffs' response to that motion by November 18, 2005. Following submission of the monitor's report, the court ordered the monitor to complete an extensive qualitative and quantitative review process to determine the counties' current compliance with the consent decree.

On January 16, 2007, the court terminated the consent decree in a 148-page order. Subsequently, the Eleventh Circuit upheld the lower court's decision.

Summary Authors

Ariana Fink (3/9/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5326150/parties/rc-v-walley/


Judge(s)

DeMent, Ira (Alabama)

Hill, James Clinkscales (Florida)

Hobbs, Truman McGill (Alabama)

Attorneys(s) for Plaintiff

Anderson, Nancy Ellen (Alabama)

Burnim, Ira Abraham (District of Columbia)

Cohen, J. Richard (Alabama)

Eytay, Iris (California)

Lawrence, Barbara Ann (Alabama)

McDavid, Ashley Lomers (Alabama)

Mixson, Andrea Jane (Alabama)

Judge(s)

DeMent, Ira (Alabama)

Hill, James Clinkscales (Florida)

Hobbs, Truman McGill (Alabama)

Attorneys(s) for Plaintiff

Anderson, Nancy Ellen (Alabama)

Burnim, Ira Abraham (District of Columbia)

Cohen, J. Richard (Alabama)

Eytay, Iris (California)

Lawrence, Barbara Ann (Alabama)

McDavid, Ashley Lomers (Alabama)

Mixson, Andrea Jane (Alabama)

Nazarian, Douglas R. M. (Maryland)

Reynolds, Patrick J. (Maryland)

Simon, Rozalind Teresa (Alabama)

Tucker, James A. (Alabama)

Tyler, Ralph S. (Maryland)

Attorneys(s) for Defendant

Childs, Larry Brittain (Alabama)

Ficquette, Sharon Elaine (Alabama)

Fletcher, Shayla Rae (Alabama)

Giliberti, Mary (District of Columbia)

Glenos, Nicholas Christian (Alabama)

Holtsford, Alex L. Jr. (Alabama)

King, Troy Robin (Alabama)

Marsh, Joel Christopher (Alabama)

Montiel, Mark (Alabama)

Park, John J. Jr. (Alabama)

Prendergast, William Francis (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Expert/Monitor/Master

Tjoflat, Gerald Bard (Florida)

Documents in the Clearinghouse

Document

Docket

R.C. v. Walley

June 23, 2008 Docket

Memorandum Opinion

R.C. v. Walley

Oct. 18, 1991 Order/Opinion
725

Order

R.C. v. Walley

Dec. 13, 2004 Order/Opinion
752

MEMORANDUM OPINION AND ORDER

R.C. v. Walley

U.S. District Court for the Northern District of Alabama

390 F.Supp.2d 1030

May 13, 2005 Order/Opinion
850

Final Judgment

R.C. v. Walley

Jan. 16, 2007 Order/Opinion
849

Memorandum Opinion and Order

R.C. v. Walley

Jan. 16, 2007 Order/Opinion
873

Appeal from the United States District Court for the Middle District of Alabama

R.C. v. Walley

U. S. Court of Appeals for the Eleventh Circuit

270 Fed.Appx. 989

April 9, 2008 Order/Opinion
875

Memorandum Opinion and Order

R.C. v. Walley

June 23, 2008 Order/Opinion

Resources

Title Description External URL

Making Child Welfare Work: How the R.C. Lawsuit Forged New Partnerships to Protect Children and Sustain Families

Bazelon Center for Mental Health Law

After his parents divorced, 8-year-old "RC" was taken into the state's custody. He was sent to a series of psychiatric institutions, even though he was not diagnosed with any serious emotional proble… Nov. 1, 1998

R.C. v. Wally

National Center for Youth Law

This case challenged the failure of the Alabama Department of Human Resources (DHR) to preserve the families of and provide treatment to children with emotional or behavior disorders. Plaintiffs all… Jan. 16, 2007 https://youthlaw.org/case/r-c-v-wally/

Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform

Kathleen G. Noonan, Charles F. Sabel, William H. Simon

Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt … June 1, 2009 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1088020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5326150/rc-v-walley/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT: Injunctive relief requested; Filing Fee $120.00; Receipt #28043 (dkt clerk) (Entered: 08/30/2000)

Nov. 15, 1988
752

MEMORANDUM OPINION AND ORDER; Ordered that defendant's 714 MOTION for dismissal and termination of the Consent Decree is DENIED as this time. It is further ordered that on 8/4/05, defendant file a performance report, consistent with directives set out herein. Signed by Judge Ira De Ment on 5/13/05. (Attachments: # 1 Court Exhibit 1# 2 Civil Appeals Checklist)(sl, )

1 Court Exhibit 1

View on PACER

2 Civil Appeals Checklist

View on PACER

May 13, 2005 RECAP
849

MEMORANDUM OPINION AND ORDER that defendant's 761 second motion for order terminating consent decree is GRANTED, that the Consent Decree and Implementation Plan be and the same are hereby TERMINATED, and that the injunction entered in this cas e be and the same is hereby DISSOLVED. Further Ordered that, in accordance with paragraphs 88-90 of the 235 Consent Decree, all costs herein occurred are TAXED against defendant for which let execution issue.Ordered that any and all remaining pending motions be and the same are hereby DENIED as moot. A judgment in accordance with this Memorandum Opinion and Order shall be entered separately. Signed by Judge Ira De Ment on 1/16/07. (sl, )

Jan. 16, 2007 RECAP
22

AMENDMENT TO COMPLAINT by R.C. amending [1−1] Complaint (dkt clerk) (Entered: 08/30/2000)

March 3, 1989

Motion Hearing − HELD − Re: Class Certification before Mag. Judge Charles S. Coody (dkt clerk) (Entered: 08/30/2000)

May 3, 1989
850

FINAL JUDGMENT is entered in favor of Defendant and against plaintiffs. Signed by Judge Ira De Ment on 1/16/07. (Attachments: # 1 Civil Appeals Checklist)(sl, )

1 Civil Appeals Checklist

View on PACER

Jan. 16, 2007 RECAP
868

ORDERED that defendant show cause, if any, on or before 2/20/07 why the 851 Motion for attorneys' fees and costs should not be granted. Ordered that plaintiffs' 866 Motion to Correct and 867 Motion to Substitute are granted. Signed by Judge Ira De Ment on 2/6/07. (sl, )

Feb. 6, 2007 RECAP
52

PROTECTIVE ORDER Re: Confidentiality; ( signed by Mag. Judge Charles S. Coody ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

June 13, 1989
875

MEMORANDUM OPINION AND ORDER that plaintiffs' 851 Motion for Attorneys' Fees is granted in part and denied in part and that defendant is directed to pay plaintiffs' attorneys' fees for October 2004 - January 2007 in an amount consistent with the court's ruling herein. Ordered that plaintiffs' Motion for Costs is granted in the amount of $26,966.52 for which let execution issue. Signed by Honorable Ira De Ment on 6/23/08. (sl, )

June 23, 2008 RECAP
73

ORDER adopting recommendation, 6/16/89; that a class of all children in the custody, or who may in the future be in the custody, of the AL Dept of Human Resources who are behaviorally disordered or emotionally disturbed and who have suffered violations of their federal statutory or constitutional rights be and the same is hereby CERTIFIED pursuant to Rule 23(b)(2) of F.R.C.P. ( signed by Judge Dubina ). Copies mailed to counsel. (dkt clerk) Modified on 08/30/2000 (Entered: 08/30/2000)

July 26, 1989

Evidentiary Hearing − HELD − before Mag. Judge Charles S. Coody on 3/22/90 through 3/23/90 (dkt clerk) (Entered: 08/30/2000)

March 22, 1990

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/1/90 (dkt clerk) (Entered: 08/30/2000)

Oct. 1, 1990

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/5/90 (dkt clerk) (Entered: 08/30/2000)

Oct. 5, 1990
150

AMENDMENT TO COMPLAINT by R.C. amending [1−1] Complaint (dkt clerk) (Entered: 08/30/2000)

Oct. 18, 1990

ORAL ARGUMENT − HELD − before Mag. Judge Charles S. Coody on 10/19/90 (dkt clerk) (Entered: 08/30/2000)

Oct. 19, 1990

Status Conference/Discovery Hearing − HELD − before Mag. Judge Charles S. Coody on 1/24/91 (dkt clerk) (Entered: 08/30/2000)

Jan. 24, 1991
235

CONSENT DECREE ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

June 11, 1991

HEARING to Consider Whether the Consent Decree is Reasonable &Fair and thus should be given Final Approval − HELD − before Judge Truman M. Hobbs on 9/30/91 (dkt clerk) (Entered: 08/30/2000)

Sept. 5, 1991
251

MEMORANDUM OPINION ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Dec. 17, 1991
252

ORDER approving the proposed consent decree; that by agreement of the parties the word "freely" shall be stricken from paragraphs 58 (a) and (b) of the decree; that the decree requires DHR to promulgate policies to effectuate paragraphs 58 (a) and (b); ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Dec. 18, 1991

Case closed (dkt clerk) (Entered: 08/30/2000)

Dec. 18, 1991
260

ORDER appointing Ivor D. Groves, Ph. D. as the monitor in this action; ( signed by Judge Truman M. Hobbs ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

March 17, 1993

Motion Hearing − HELD (dkt clerk) (Entered: 08/30/2000)

Sept. 15, 1994

Motion Hearing − HELD (dkt clerk) (Entered: 08/30/2000)

Sept. 21, 1994

Status Conference − HELD − before Judge Ira De Ment on 2/11/99 (dkt clerk) (Entered: 08/30/2000)

Feb. 11, 1999
538

ORDER that upon review of the proposed policy of the Defendant providing the hiring of licensed social workers, it is CONSIDERED and ORDERED that: 1) Defendant shall immediately develop a new entry−level classification of Child Welfare Social Worker; 2) Defendant shall employ only Bachelor of Social Worker (BSW) applicants in this new classification beginning 5/1/00; 3) Defendant shall, beginning on 5/1/00, require all BSW new hires in the new Child Welfare Social Worker classification and all Master of Social Work (MSW) new hires in the Senior Service Social Worker classification to have the appropriate social work license by the AL Board of Social Worker Examiners at the time of employment or within 12 months of employment; 4) Defendant may utilize the existing Service Social Worker I/II classification to hire applicants with closely related decrees as entry level only child welfare staff in those counties with no available or suitable BSW or MSW applicants on the local or statewide merit system register; 5) Defendant may implement other policies as necessary to carry−out this order; 6) Defendant shall work with other state agencies as necessary to ensure that this order is implemented; ( signed by Judge Ira De Ment ). Copies mailed to counsel. (dkt clerk) (Entered: 08/30/2000)

Jan. 18, 2000

Status Conference − HELD − before Judge Ira De Ment on 6/19/00 (dkt clerk) (Entered: 08/30/2000)

June 19, 2000
555

ORDER directing Court Monitor to analyze and issue quarterly reports Re: Defendant's compliance with the budgetary requirements contained in Paragraph 13 of the Consent Order Extending Time for Compliance and Granting Order Relief, 2/11/99; further CONSIDERED and ORDERED setting Status Conference for 2:00 p.m. on 10/31/00 before Judge Ira De Ment in the First Floor Courtroom, Frank M. Johnson, Jr. Federal Bldg &U.S. Courthouse, Montgomery, AL ; ( signed by Judge Ira De Ment ). Copies mailed to counsel; Furnished: Henrietta, Ridge &Yvonne (dkt clerk) (Entered: 08/30/2000)

June 23, 2000
558

MOTION (PETITION) by Bill Fuller for Instruction for June, 2000 ; (Exhibit A attached). Referred to Judge Ira De Ment (dkt clerk) (Entered: 08/30/2000)

Aug. 29, 2000
559

MOTION (PETITION) by Bill Fuller for Instruction for July, 2000 ; (Exhibit A attached). Referred to Judge Ira De Ment (dkt clerk) (Entered: 08/30/2000)

Aug. 29, 2000
560

ORDER terminating [558−1] motion for Instruction for June, 2000; it is CONSIDERED and ORDERED directing Defendant to pay Dr. Ivor Groves, the Court's Monitor, the sum of $39,203.00 for services performed and expenses incurred by Dr. Groves during the period of 6/1/00 through 6/30/00; (signed by Judge Ira De Ment). Copies provided to counsel &monitor. (dkt clerk) (Entered: 08/31/2000)

Aug. 31, 2000
561

ORDER terminating [559−1] motion for Instruction for July, 2000; CONSIDERED and ORDERED directing Defendant to pay Dr. Ivor Groves, the Court's Monitor, the sum of $21,808.67, for services performed and expenses incurred by Dr. Groves during the period of 7/1/00 through 7/31/00; further CONSIDERED and ORDERED that the name of Bill Fuller be substituted in place of Tony Petelos, in this action (See F.R.C.P. 25(d)(1); ( signed by Judge Ira De Ment ). Copies provided to counsel. (dkt clerk) (Entered: 08/31/2000)

Aug. 31, 2000

** Renoticed document [560−1] order (yg) (Entered: 09/01/2000)

Sept. 1, 2000

** Renoticed document [561−1] order (yg) (Entered: 09/01/2000)

Sept. 1, 2000
562

Defendant's Petition for Instruction regarding payment of the Court Monitor's invoice for professional fees and expenses for the time period of August 1 through August 31, 2000 (with exhibit A attached). Referred to Judge DeMent (kcg) (Entered: 10/19/2000)

Oct. 18, 2000
563

ORDER that Dft pay Dr. Ivor Groves, the Court's Monitor, the sum of $46,395.80 for Services Performed and Expenses Incurred during 08/01/00 thru 08/31/00 (signed by Judge Ira DeMent), copies provided to Counsel. Furnished to NL h(hc) (Entered: 10/23/2000)

Oct. 23, 2000
564

STATUS REPORT filed by Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 11/01/2000)

Oct. 31, 2000
565

Courtroom Deputy's MINUTES of Status Conference proceedings: James R. Dickens, Court Reporter; ORAL ORDER directing that the Commissioner is to respond fully to the Monitor's report within 30 days or show cause why it has not be done. (kcg) (Entered: 11/01/2000)

Oct. 31, 2000

Court reporter's TRANSCRIPT filed for dates of June 19, 2000 re: status conference held before Judge Ira De Ment (court reporter−James Dickens) (djy) (Entered: 11/15/2000)

Nov. 14, 2000

Court reporter's TRANSCRIPT filed for dates of October 31, 2000 re: status conference held before Judge Ira De Ment (court reporter−James Dickens) (djy) (Entered: 11/15/2000)

Nov. 14, 2000
566

Defendant's Petition for Instruction (w/exhibits attached). Referred to Judge DeMent (kcg) (Entered: 11/17/2000)

Nov. 16, 2000
567

ORDER that upon review of Defendant's Petition for Instruction, that it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $33,818.71. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of September 1, 2000 through September 30, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 11/20/2000)

Nov. 20, 2000
568

Preliminary Report to the Court filed by Defendant Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 12/13/2000)

Dec. 12, 2000
569

Defendant's Petition for Instruction filed by Defendant Bill Fuller (with exhibit A attached). Referred to Judge DeMent (kcg) (Entered: 12/13/2000)

Dec. 12, 2000
571

ORDER that before the court is Defendant's Petition for Insturction, filed on December 12, 2000. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $59,720.63. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of October 1, 2000 through October 31, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 01/11/2001)

Jan. 11, 2001
572

MOTION (Petition) by Bill Fuller for Instruction from the Court (attachments); referred to Judge Ira De Ment (ajr) (Entered: 01/29/2001)

Jan. 26, 2001
573

ORDER granting [572−1] motion for Instruction from the Court; that defendant pay Dr. Ivor Groves the sum of $42,526.88 for services performed during the period 11/1/00 and 11/30/00; (signed by Judge Ira De Ment ) , copies provided to counsel. (ajr) (Entered: 01/31/2001)

Jan. 31, 2001
574

Defendant's Petition for Instruction Referred to DeMent (kcg) (Entered: 02/12/2001)

Feb. 9, 2001
575

ORDER that upon review of the invoice materials submitted with the Defendant's Petition for Instruction, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $46,791.31. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of December 1, 2000, through December 31, 2000. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 02/13/2001)

Feb. 13, 2001
576

Court Report filed by Defendant Bill Fuller. Referred to Judge DeMent (kcg) (Entered: 02/15/2001)

Feb. 14, 2001
577

PETITION by Bill Fuller for instruction regarding payment of court monitor's invoice for professional fees and expenses for time period of 1/1 through 1/31/01 (w/attachments); referred to Judge Ira De Ment (cc) (Entered: 02/27/2001)

Feb. 26, 2001
578

ORDER that before the court is Defendant's Petition for Instruction, filed on February 26, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $63,384.38. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of January 1, 2001 through January 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 03/01/2001)

March 1, 2001
579

MOTION by R.C. for a Show Cause Order , for Contempt Sanctions , and other immediate relief (w/exhibits 1 thru 13 in separate binder with file). referred to Judge Ira De Ment(kcg) Modified on 03/12/2001 (Entered: 03/12/2001)

March 9, 2001
580

MEMORANDUM by R.C. in support of [579−1] motion for a Show Cause Order by R.C., [579−2] motion for Contempt Sanctions by R.C. referred to Judge Ira De Ment (kcg) (Entered: 03/12/2001)

March 9, 2001
581

ORDER TO SHOW CAUSE why plaintiffs' motion for contempt sanctions and other immediate relief should not be granted; Response to Order to Show Cause due on 3/21/01 for Bill Fuller; Show Cause Hearing set on this matter for 10:00 3/28/01, in the First Floor courtroom, FMJFB &USC, Montgomery, Al ( signed by Judge Ira De Ment ) , copies provided to counsel; furnished to YG, HC, &RL. (djy) (Entered: 03/12/2001)

March 12, 2001
582

JOINT MOTION by R.C., Bill Fuller to continue the deadline previously set by this Court for Defendant to file a response to Plaintiffs' Motion for a Show Cause Order, for Contempt Sanctions, and Other Immediate Relief, etc. referred to Judge Ira De Ment (kcg) (Entered: 03/16/2001)

March 15, 2001
583

ORDER granting [582−1] joint motion to continue Response to Motion reset to 4/6/01 for [579−1] motion for a Show Cause Order; reset to 4/6/01 for [579−2] motion for Contempt Sanctions ; Further, the hearing presently scheduled for March 28, 2001, shall be rescheduled following a follow−up report from the parties regarding the outcome of their March 26, 2001 meeting. The parties are ORDERED to REPORT via telephone to the court the results of the March 26 meeting, on or before March 28, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 03/20/2001)

March 20, 2001
584

ORDER setting Status Conference 10:00 4/24/01 before Judge Ira De Ment in the first−floor courtroom, Frank M. Johnson, Jr. Federal Building and United States Courthouse, Montgomery, Al. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 03/28/2001)

March 28, 2001
585

Defendant's Petition for Instruction Referred to Judge DeMent (kcg) (Entered: 04/02/2001)

March 30, 2001
586

ORDER that before the court is Defendant's Petition for Instruction, filed on march 30, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $44,472.61. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of February 1, 2001 through February 28, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 04/04/2001)

April 4, 2001
587

MOTION by Bill Fuller to Extend Time for dft to show casue why the pltfs motion for contempt sanctions and other immediate relief should not be granted. referred to Judge Ira De Ment (kcg) (Entered: 04/06/2001)

April 6, 2001
588

Stamped ORDER granting [587−1] motion to Extend Time Response to Motion reset to 4/13/01 for [579−1] motion for a Show Cause Order, reset to 4/13/01 for [579−2] motion for Contempt Sanctions ( by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 04/10/2001)

April 10, 2001
589

RESPONSE by Bill Fuller to [579−1] motion for a Show Cause Order by R.C. referred to Judge Ira De Ment (kcg) (Entered: 04/16/2001)

April 13, 2001
590

MEMORANDUM by Bill Fuller in opposition to [579−1] motion for a Show Cause Order by R.C. referred to Judge Ira De Ment (kcg) (Entered: 04/16/2001)

April 13, 2001
591

Joint Stipulation to entry of Consent Order (w/exhibit A attached) Referred to Judge DeMent (kcg) (Entered: 04/19/2001)

April 18, 2001
592

CONSENT ORDER ON PLAINTIFFS' MOTION FOR SHOW CAUSE ORDER, CONTEMPT SANCTIONS, AND OTHER IMMEDIATE RELIEF; denying [579−1] motion for a Show Cause Order, denying [579−2] motion for Contempt Sanctions setting Status Conference 10:00 7/11/01 before Judge Ira De Ment ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 04/24/2001)

April 24, 2001

Motion hearing held re: Hearing on Plaintiffs' motion for contempt sanctions and other immediate relief before Judge DeMent (kcg) (Entered: 04/24/2001)

April 24, 2001
593

Courtroom Deputy's MINUTES of Motion for Contempt Sanctions and other immediate relief proceedings before Judge DeMent. Court Reporter Amy Acton with Jeana Boggs 264−6227 (kcg) (Entered: 04/24/2001)

April 24, 2001
594

Defendant's Petition for Instruction (w/exhibit A attached). Referred to Judge DeMent (kcg) Modified on 05/10/2001 (Entered: 05/10/2001)

May 9, 2001
595

JOINT MOTION by R.C., Ivor D. Groves, Bill Fuller for Instruction referred to Judge Ira De Ment (kcg) (Entered: 05/15/2001)

May 14, 2001
596

(PETITION) MOTION by Bill Fuller for Instruction (w/exhibit A); referred to Judge Ira De Ment (mfm) (Entered: 05/16/2001)

May 15, 2001
597

ORDER granting [594−1] petition for instruction; directing that the defendant pay Dr. Ivor Groves, the court's monitor, the sum of $31,436.04; advising this payment is considered for the services performed and expenses incurred by Dr. Groves during the period of 03/01/01 through 03/31/01 ( signed by Judge Ira De Ment ) ,

May 16, 2001
599

ORDER that defendant pay Dr. Ivor Groves, the court's monitor the sum of $35,869.92 in consideration for services and expenses incurred during the period 4/1/01 through 4/30/01; (signed by Judge Ira De Ment), copies provided to counsel. (ajr) (Entered: 05/16/2001)

May 16, 2001

Court reporter's TRANSCRIPT by Jeana S. Boggs &Associates of Status Conference filed for dates of 4/24/01 before Judge DeMent. (kcg) (Entered: 06/06/2001)

June 5, 2001
600

MOTION by Bill Fuller for order to the juvenile court of Marshall County, Alabama to enforce the provisions of the consent decree (attachments); referred to Judge Ira De Ment (ajr) (Entered: 06/12/2001)

June 11, 2001
601

ORDER denying as moot [600−1] motion for order to the juvenile court of Marshall County, Alabama to enforce the provisions of the consent decree; ( signed by Judge Ira DeMent ). Copies provided to counsel. (dkt clerk) (Entered: 06/14/2001)

June 14, 2001
602

Defendant's Petition for Instruction (w/attachments) Referred to Judge DeMent (kcg) Modified on 06/29/2001 (Entered: 06/29/2001)

June 28, 2001
603

Before the court is Defendant's Petition for Instruction, filed on June 28, 2001. Upon review of the invoice materials submitted with the Defendant's Petition, it is CONSIDERED and ORDERED that Defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $36,033.47. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of May 1, 2001 through May 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 07/05/2001)

July 5, 2001
604

Court Report filed by Dft Bill Fuller (w/attachments) Referred to Judge DeMent (kcg) Modified on 07/11/2001 (Entered: 07/11/2001)

July 10, 2001

Status Conference held before Judge Ira De Ment on 7/11/01 (kcg) (Entered: 07/18/2001)

July 11, 2001
606

Courtroom Deputy's MINUTES of Status Conference proceedings before Judge DeMent, Court Report James R. Dickens: (kcg) (Entered: 07/18/2001)

July 11, 2001
605

ORDER setting Status Conference 10:00 10/17/01 before Judge Ira De Ment in the first floor courtroom, Frank M. Johnson, Jr. Federal Building &United States Courthouse, Montgomery, AL. ( signed by Judge Ira De Ment ) , copies provided to counsel and furnished to RL,YG,HC. (kcg) (Entered: 07/12/2001)

July 12, 2001

Court reporter's TRANSCRIPT of STATUS CONFERENCE filed for dates of 7/11/01 before Judge Ira DeMent. Court Reporter James R. Dickens (kcg) (Entered: 07/25/2001)

July 24, 2001
607

Defendant's Petition for Instruction (w/attachments) referred to Judge DeMent (kcg) (Entered: 07/26/2001)

July 25, 2001
608

ORDER that upon review of the invoice materials submitted with the Dfts Petition for Instruction, it is CONSIDERED and ORDERED that the Dft pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $46,078.79. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of June 1, 2001 throught June 30, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (kcg) (Entered: 07/31/2001)

July 31, 2001
609

Defendant's Petition for Instruction (attachments); referred to Judge De Ment (ajr) (Entered: 09/04/2001)

Aug. 31, 2001
610

ORDER that upon review of the invoice materials submitted with the defendant's petition for instruction, filed on August 31, 2001, it is CONSIDERED and ORDERED that defendant pay Dr. Ivor Groves, the court's monitor in the above−styled matter, the sum of $39,524.38. This payment is in consideration for the services performed and the expenses incurred by Dr. Groves during the period of July 1, 2001 through July 31, 2001. ( signed by Judge Ira De Ment ) , copies provided to counsel. (sl) (Entered: 09/06/2001)

Sept. 6, 2001
611

Defendant's Petition for Instruction (w/attachment) referred to Judge DeMent (kcg) (Entered: 09/17/2001)

Sept. 14, 2001
612

ORDER that defendant pay Dr. Ivor Groves, the Court's monitor in the above−styled matter, the sum of $83,424.64 for services performed and the expenses during the period of 8/1/01 and 8/31/01; (signed by Judge Ira De Ment), copies provided to counsel. (ajr) (Entered: 09/19/2001)

Sept. 19, 2001
613

JOINT MOTION by R.C., Bill Fuller to continue hearing from 10/17/01 to 11/6/01 referred to Judge Ira De Ment (ajr) (Entered: 10/17/2001)

Oct. 16, 2001
614

ORDER granting [613−1] joint motion to continue hearing from 10/17/01 to 11/6/01 resetting Status Conference 11/6/01 before Judge Ira De Ment (signed by Judge Ira De Ment), copies provided to counsel, RL, YG, HC. (ajr) (Entered: 10/22/2001)

Oct. 22, 2001
615

Defendant's Petition for Instruction (attachments);; referred to Judge De Ment (ajr) (Entered: 10/25/2001)

Oct. 24, 2001
616

ORDER directing Defendant to pay Dr. Ivor Groves in the sum of $86,705.92 for services and expenses incurred for the period of 9/1/01 thru 9/30/01, as further set out ( signed by Judge Ira De Ment ), copies provided to counsel. (dkt clerk) (Entered: 10/31/2001)

Oct. 31, 2001
617

COURT REPORT by Bill Fuller (w/exhibits 1,7,8); referred to Judge DeMent (EXHIBITS MAINTAINED IN (1) SEPARATE BINDER) (mfm) (Entered: 11/07/2001)

Nov. 6, 2001

Status Conference held before Judge Ira De Ment on 11/06/01 (mfm) (Entered: 11/13/2001)

Nov. 6, 2001
618

Courtroom Deputy's MINUTES of proceedings: regarding Status Conference; James R. Dickens Court Reporter (mfm) (Entered: 11/13/2001)

Nov. 6, 2001

Court reporter's TRANSCRIPT of Status Conference held before Judge Ira DeMent filed for dates of 11/06/01; James R. Dickens Court Reporter; referred to Judge DeMent (Maintained in separate binder) (mfm) Modified on 11/16/2001 (Entered: 11/16/2001)

Nov. 15, 2001
619

Petition for Instruction by Bill Fuller (w/attachments); referred to Judge DeMent (mfm) (Entered: 01/14/2002)

Jan. 11, 2002
620

ORDER directing defendant to pay Dr. Ivor Groves, the Court's monitor, the sum of $102,788.02; this payment is in consideration for the services performed and expenses incurred by Dr. Groves during the period of 10/01/01 through 10/31/01 ( signed by Judge Ira De Ment ) , copies provided to counsel. (mfm) (Entered: 01/18/2002)

Jan. 18, 2002
621

Petition for Instruction by Bill Fuller (w/Exhibit A); referred to Judge DeMent (mfm) (Entered: 01/24/2002)

Jan. 23, 2002

State / Territory: Alabama

Case Type(s):

Child Welfare

Key Dates

Filing Date: Nov. 15, 1988

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Alabama children with emotional or behavior disorders

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Southern Poverty Law Center

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Human Resources, State

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 2007

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Monitoring

Issues

General:

Failure to train

Family abuse and neglect

Family reunification

Habilitation (training/treatment)

Parents (visitation, involvement)

Placement in mental health facilities

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Youth / Adult separation

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Family discrimination

Disability:

disability, unspecified

Least restrictive environment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified