Case: Angela R. v. Clinton

4:91-cv-00415 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 8, 1991

Closed Date: 2001

Clearinghouse coding complete

Case Summary

Plaintiffs, represented by the National Center for Youth Law, Central Arkansas Legal Services, and Ozark Legal Serices, brought this class action suit in 1991, in the United States District Court, Eastern District of Arkansas, against the Arkansas Department of Human Services (DHS). Plaintiffs complained that DHS child welfare programs failed to investigate complaints of abuse and neglect, to make reasonable efforts to keep families together, to provide adequate care to children in foster home…

Plaintiffs, represented by the National Center for Youth Law, Central Arkansas Legal Services, and Ozark Legal Serices, brought this class action suit in 1991, in the United States District Court, Eastern District of Arkansas, against the Arkansas Department of Human Services (DHS). Plaintiffs complained that DHS child welfare programs failed to investigate complaints of abuse and neglect, to make reasonable efforts to keep families together, to provide adequate care to children in foster homes, and to train foster parents. Plaintiffs alleged that these failures were in violation of the Fourteenth Amendment; the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-28, 670-79; and the Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101-06.

In 1991, the District Court certified a class consisting of all children who, since July 1, 1988, were known to DHS by reason of a complaint of abuse or neglect, and all children who are in the custody of DHS as the result of emergency 72-hour placement or an abuse, neglect, or Family In Needs of Services (FINS) petition.

On February 27, 1992, after months of negotiation, the parties filed a joint motion for a proposed settlement. The same day, the Governor signed into law Act One of the First Extraordinary Session of 1992, which adopted the Arkansas Child Welfare Reform Document, a detailed plain governing defendants' operation of DHS in all major areas addressed by the plaintiffs' complaint. Act One also provided funds necessary to execute the Arkansas Child Welfare Reform Document.

Meanwhile, the U.S. Supreme Court issued a decision in Suter v. Artist M, 503 U.S. 347 (1992) holding that the Adoption Assistance and Child Welfare Act did not create a private cause of action. In response, the state defendants in this case subsequently filed a motion suggesting that the District Court did not have jurisdiction over the claims of the plaintiffs. The District Court denied the motion and ordered entry of the proposed settlement as a consent decree. The U.S. Eighth Circuit Court of Appeals found that the District Court had valid jurisdiction, but it vacated the consent decree because of its ambiguous enforcement provisions. Angela R. v. Clinton, 999 F.2d 320 (1993).

On remand, the parties jointly filed a motion for approval of a settlement agreement in fall 1994, and to dismiss the case except for enforcement of that agreement. The settlement agreement provided a five-year implementation period to address child protective services, family preservation services, least restrictive possible placements, sibling unification, resources for foster families, health care for foster children, and caseworker caseloads. Upon the five-year period expiration in 1999, the parties amended the settlement agreement to extend the jurisdiction of the Court over enforcement of the settlement until December 31, 2001. The case then ended.

In 2004, a non-party moved to reinstate the settlement agreement, contending that parents possessed documentation that would have prevented the initial settlement of the case. The District Court dismissed the motion as untimely and lacking standing.

Summary Authors

Elizabeth Homan (11/25/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6120154/parties/angela-r-v-clinton/


Judge(s)

Howard, George Jr. (Arkansas)

Attorneys(s) for Plaintiff

Grimm, William L. (California)

Kaplan, Philip E. (Arkansas)

Matthews, Martha (California)

McIvor, Marcia L. (Arkansas)

Pearl, Richard M (California)

Stockley, Griffin J. (Arkansas)

Teague, Mona J. (Arkansas)

Attorneys(s) for Defendant

Hopkins, Breck G. (Arkansas)

Hurlbut, Bruce Paul (Arkansas)

Judge(s)

Howard, George Jr. (Arkansas)

Attorneys(s) for Plaintiff

Grimm, William L. (California)

Kaplan, Philip E. (Arkansas)

Matthews, Martha (California)

McIvor, Marcia L. (Arkansas)

Pearl, Richard M (California)

Stockley, Griffin J. (Arkansas)

Teague, Mona J. (Arkansas)

Attorneys(s) for Defendant

Hopkins, Breck G. (Arkansas)

Hurlbut, Bruce Paul (Arkansas)

Jegley, Angela S. (Arkansas)

McGee, Elisabeth M. (Arkansas)

Nye, Debby Thetford (Arkansas)

Stallcup, Mary B. (Arkansas)

Documents in the Clearinghouse

Document

4:91-cv-00415

Docket

Feb. 27, 2004

Feb. 27, 2004

Docket

92-02459

Opinion (8th Cir.)

U. S. Court of Appeals for the Eighth Circuit

999 F.2d 320

July 13, 1993

July 13, 1993

Order/Opinion
124

4:91-cv-00415

Order of Dismissal and Approval of Settlement

Oct. 13, 1994

Oct. 13, 1994

Order/Opinion
130

4:91-cv-00415

Amended Order of Dismissal and Approval of Amended Settlement Agreement

Aug. 31, 1999

Aug. 31, 1999

Order/Opinion
133

4:91-cv-00415

Second Amended Order of Dismissal and Enforcement of Amended Settlement Agreement

Oct. 25, 2001

Oct. 25, 2001

Order/Opinion
147

4:91-cv-00415

Order

Feb. 20, 2002

Feb. 20, 2002

Order/Opinion
157

4:91-cv-00415

Order

Angela R. v. Arkansas

Feb. 26, 2004

Feb. 26, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6120154/angela-r-v-clinton/

Last updated Aug. 7, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Class Action; (Summonses issued) and returned to: atty (bfw) (Entered: 07/10/1991)

July 8, 1991

July 8, 1991

PACER
2

MOTION by plaintiffs to proceed by fictitious names (former empl) Modified on 07/11/1991 (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

PACER
3

BRIEF by plaintiffs in support of motion to proceed by fictitious names [2-1] (former empl) Modified on 07/11/1991 (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

PACER
4

ORDER by Judge George Howard Jr. granting motion to proceed by fictitious names [2-1] (cc: all counsel) (jap) (Entered: 07/29/1991)

July 26, 1991

July 26, 1991

PACER
5

MOTION by plaintiffs to certify class action (former empl) (Entered: 07/30/1991)

July 29, 1991

July 29, 1991

PACER
6

Memorandum by plaintiffs in support of motion to certify class action [5-1] (former empl) (Entered: 07/30/1991)

July 29, 1991

July 29, 1991

PACER
7

ANSWER by defendants Bill Clinton and Terry Yamauchi to the complaint (former empl) (Entered: 07/31/1991)

July 29, 1991

July 29, 1991

PACER
8

SCHEDULING ORDER: ; trial set for 9:30 3/23/92 ; discovery due 1/27/92 ; status report due 2/10/92 ; pretrial info sheet due 2/10/92 witnss/xhbt list due 02/10/92 mtn filing ddl 02/10/92 (cc: all counsel) (plm) (Entered: 08/06/1991)

Aug. 6, 1991

Aug. 6, 1991

PACER
9

MOTION by defendant Bill Clinton, defendant Terry Yamauchi to extend time until 09/16/91 to respond to motion to certify class action (former empl) (Entered: 08/08/1991)

Aug. 6, 1991

Aug. 6, 1991

PACER
10

ORDER by Judge George Howard Jr. granting motion to extend time until 09/16/91 to respond to motion to certify class action [9-1]; [5-1] (cc: all counsel) (former empl) (Entered: 08/12/1991)

Aug. 8, 1991

Aug. 8, 1991

PACER
11

Response by defendants Bill Clinton and Terry Yamauchi to motion to proceed by fictitious names [2-1] (former empl) (Entered: 08/13/1991)

Aug. 13, 1991

Aug. 13, 1991

PACER
12

MOTION by plaintiffs David M, Charles S and Damon T for protective order (former empl) (Entered: 08/21/1991)

Aug. 20, 1991

Aug. 20, 1991

PACER
13

BRIEF by plaintiffs David M, Charles S and Damon T in support of motion for protective order [12-1] (former empl) (Entered: 08/21/1991)

Aug. 20, 1991

Aug. 20, 1991

PACER
14

Memo to file: finding the motion for protective order [12-1] moot as the deposition has been cancelled (former empl) Modified on 02/06/1992 (Entered: 08/22/1991)

Aug. 21, 1991

Aug. 21, 1991

PACER
15

MOTION by Merry Alice Hesselbein counsel for plaintiffs to withdraw as attorney (former empl) Modified on 11/21/1991 (Entered: 09/12/1991)

Sept. 9, 1991

Sept. 9, 1991

PACER
16

ORDER by Judge George Howard Jr. granting motion by Merry Alice Hesselbein, Esq. to withdraw as attorney for plaintiffs [15-1] (cc: all counsel) (former empl) (Entered: 09/17/1991)

Sept. 13, 1991

Sept. 13, 1991

PACER
17

Joint MOTION by plaintiffs & defendants to extend time for responding to the motion to certify class (former empl) (Entered: 09/18/1991)

Sept. 16, 1991

Sept. 16, 1991

PACER
18

ORDER by Judge George Howard Jr. granting motion to extend time until 10/04/91 for responding to the motion to certify class [17-1]; [5-1] (cc: all counsel) (former empl) (Entered: 09/18/1991)

Sept. 16, 1991

Sept. 16, 1991

PACER
19

Stipulation between parties regarding class certification (former empl) (Entered: 10/10/1991)

Oct. 8, 1991

Oct. 8, 1991

PACER
20

ORDER by Judge George Howard Jr., granting motion to certify class action [5-1] (cc: all counsel) (former empl) (Entered: 10/10/1991)

Oct. 9, 1991

Oct. 9, 1991

PACER
21

MOTION by defendants Bill Clinton and Terry Yamauchi to continue trial setting (former empl) (Entered: 01/16/1992)

Jan. 15, 1992

Jan. 15, 1992

PACER
22

RESPONSE by plaintiffs to motion to continue trial setting [21-1] (former empl) (Entered: 01/28/1992)

Jan. 27, 1992

Jan. 27, 1992

PACER
23

REPLY by defendants Bill Clinton & Terry Yamauchi to response to motion to continue trial setting [21-1] (former empl) (Entered: 02/03/1992)

Jan. 31, 1992

Jan. 31, 1992

PACER
24

ORDER by Judge George Howard Jr. granting motion to continue trial setting [21-1]; Trial continued to 9:30 on 6/29/92; Discovery ddl continued to 4/27/92; Status report ddl continued to 5/10/92 (cc: all counsel) (EOD 02/05/92) (former empl) (Entered: 02/05/1992)

Feb. 5, 1992

Feb. 5, 1992

PACER
25

Joint MOTION by plaintiffs & defendants for approval of settlement (former empl) (Entered: 03/02/1992)

Feb. 27, 1992

Feb. 27, 1992

PACER
26

ORDER by Judge George Howard Jr. setting motion for approval of settlement for hearing at 1:30 on 3/4/92 [25-1] (cc: all counsel) (former empl) (Entered: 03/02/1992)

Feb. 28, 1992

Feb. 28, 1992

PACER
27

Arkansas Child Welfare Reform Document Supplementary Relief for Named Plaintiffs [25-1] (former empl) Modified on 03/05/1992 (Entered: 03/05/1992)

March 4, 1992

March 4, 1992

PACER
28

ORDER (DOC) fairness hearing scheduled at 9:30 on 4/30/92 (cc: all counsel) (former empl) (Entered: 03/12/1992)

March 11, 1992

March 11, 1992

PACER
29

Joint DECLARATION by plaintiffs' & defendants' regarding notice to class members & attorneys' fees (former empl) (Entered: 03/20/1992)

March 18, 1992

March 18, 1992

PACER
30

ORDER by Judge George Howard Jr. tentatively approving settlement [25-1]; all notices concerning settlement are to be posted by 4/1/92; Settlement/Obj Hrg scheduled for 9:30 on 4/30/92 (cc: all counsel) (former empl) (Entered: 03/23/1992)

March 19, 1992

March 19, 1992

PACER
31

MOTION by defendants for review of class definition (former empl) (Entered: 04/22/1992)

April 20, 1992

April 20, 1992

PACER
32

BRIEF by defendants in support of motion for review of class definition [31-1] (former empl) (Entered: 04/22/1992)

April 20, 1992

April 20, 1992

PACER
33

ORDER by Judge George Howard Jr. directing plaintiffs to respond to the motion for review of class definition by 5:00 pm on 04/27/92 [31-1] (cc: all counsel) (EOD 04/22/92) (former empl) (Entered: 04/22/1992)

April 22, 1992

April 22, 1992

PACER
34

RESPONSE by plaintiffs to motion for review of class definition [31-1] (former empl) (Entered: 04/28/1992)

April 27, 1992

April 27, 1992

PACER
35

REPLY by defendants Bill Clinton and Terry Yamauchi to response to motion for review of class definition [31-1] (former empl) (Entered: 05/01/1992)

April 29, 1992

April 29, 1992

PACER
36

Addendum by plaintiffs to RESPONSE to motion for review of class definition [31-1] (former empl) (Entered: 05/01/1992)

April 29, 1992

April 29, 1992

PACER
37

Memorandum Opinion & ORDER by Judge George Howard Jr. denying motion for review of class definition [31-1]; the Court finds the class as defined in the 10/09/91 order is appropriate; the joint motion for approval of settlement is approved; terminating case (cc: all counsel) (former empl) Modified on 05/06/1992 (Entered: 05/06/1992)

May 5, 1992

May 5, 1992

PACER
38

Consent Decree entered by Judge George Howard Jr., pursuant to Memorandum Opinion & Order entered this date as stipulated by the parties (cc: all counsel) (former empl) (Entered: 05/06/1992)

May 5, 1992

May 5, 1992

PACER
39

Supplement to REPLY by defendants to response to motion for review of class determination (former empl) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

PACER
40

MOTION by defendants to alter or amend a judgment (bmt) (Entered: 05/20/1992)

May 18, 1992

May 18, 1992

PACER
41

BRIEF by defendants in support of motion to alter or amend judgment [40-1] (bmt) (Entered: 05/20/1992)

May 18, 1992

May 18, 1992

PACER
42

RESPONSE by plaintiffs to motion to alter or amend judgment [40-1] (bmt) (Entered: 05/20/1992)

May 20, 1992

May 20, 1992

PACER
43

REPLY by defendants to response to motion to alter or amend judgment [40-1] (former empl) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

PACER
44

ORDER by Judge George Howard Jr. granting motion to alter or amend judgment [40-1]; parties to submit by 06/08/92 proposed amended consent decree for the Court's approval (cc: all counsel) (EOD 05/27/92) (former empl) Modified on 07/15/1992 (Entered: 05/27/1992)

May 27, 1992

May 27, 1992

PACER
45

Amended Consent Decree by Judge George Howard Jr. (cc: all counsel) (former empl) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

PACER
46

NOTICE of appeal by defendant Bill Clinton, defendant Terry Yamauchi from District Court decision [37-2], [38-1], [44-1], [45-1](Appeal fees not paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) (Entered: 06/29/1992)

June 26, 1992

June 26, 1992

PACER
47

MOTION by plaintiffs for alternate briefing schedule (former empl) (Entered: 07/07/1992)

July 2, 1992

July 2, 1992

PACER
48

ORDER by Judge George Howard Jr. granting motion for alternate briefing schedule [47-1]; plaintiffs' motion for fees & costs shall be due within 30 days; defendants' response shall be due 30 days thereafter; plaintiffs' reply shall be due 14 days after receipt of response (cc: all counsel) (former empl) (Entered: 07/08/1992)

July 6, 1992

July 6, 1992

PACER
49

MOTION by plaintiffs for attorney fees (dac) (Entered: 08/05/1992)

Aug. 5, 1992

Aug. 5, 1992

PACER
50

MEMORANDUM by plaintiff in support of motion for attorney fees [49-1] (dac) (Entered: 08/05/1992)

Aug. 5, 1992

Aug. 5, 1992

PACER
51

MOTION by plaintiffs for special appearance of Richard M. Pearl for application for an award of reasonable attys' fees (dac) (Entered: 08/06/1992)

Aug. 5, 1992

Aug. 5, 1992

PACER
52

TRANSCRIPT ( 1 volume) of proceedings for the following date: 3/4/92 ( [46-1] ) (dac) (Entered: 09/02/1992)

Aug. 31, 1992

Aug. 31, 1992

PACER
53

TRANSCRIPT ( 1 volume) of proceedings for the following date: 4/30/92 ( [46-1] ) (dac) (Entered: 09/02/1992)

Aug. 31, 1992

Aug. 31, 1992

PACER
54

RESPONSE by defendants to motion for attorney fees [49-1] (dac) (Entered: 09/04/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
55

MEMORANDUM, Appendix, and Attachments by defendants in support of motion response [54-1] (dac) (Entered: 09/04/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
56

MOTION by plaintiffs to extend time to file a reply memorandum regarding motion for attorney fees (former empl) (Entered: 09/17/1992)

Sept. 14, 1992

Sept. 14, 1992

PACER
57

RESPONSE by defts to motion to extend time to file a reply memorandum regarding motion for attorney fees [56-1] (former empl) (Entered: 09/18/1992)

Sept. 16, 1992

Sept. 16, 1992

PACER
58

ORDER by Judge George Howard Jr. granting motion to extend time until 10/02/92 to file a reply memorandum regarding motion for attorney fees [56-1], granting motion for special appearance of Richard M. Pearl on behalf of plaintiffs' [51-1] (cc: all counsel) (former empl) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

PACER
59

REPLY memorandum by plaintiffs' in support of motion for attorney fees [49-1] (former empl) (Entered: 10/05/1992)

Oct. 2, 1992

Oct. 2, 1992

PACER
60

MOTION by defendant for order to establish a briefing shedule (dac) (Entered: 10/08/1992)

Oct. 6, 1992

Oct. 6, 1992

PACER
61

ORDER by Judge George Howard Jr. granting motion for order to establish a briefing shedule [60-1]; defendants are directed to file their brief in response to plaintiff's reply within 20 days (cc: all counsel) (former empl) (Entered: 10/23/1992)

Oct. 21, 1992

Oct. 21, 1992

PACER
62

REPLY by defts to response to motion for attorney fees [49-1] (former empl) (Entered: 11/10/1992)

Nov. 9, 1992

Nov. 9, 1992

PACER
63

MOTION by plaintiffs' for leave to file supplemental reply brief regarding motion for attorney fees (former empl) (Entered: 11/24/1992)

Nov. 23, 1992

Nov. 23, 1992

PACER
64

ORDER by Judge George Howard Jr. finding the motion for leave to file supplemental reply brief regarding motion for attorney fees moot [63-1] (cc: all counsel) (former empl) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

PACER
65

MEMORANDUM OPINION and ORDER by Judge George Howard Jr. granting motion for attorney fees in the amt of $314,107.25 and costs in the amt of $32,171.93 (EOD 3/30/93) [49-1] (cc: all counsel) (dac) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

PACER
66

NOTICE of appeal by defendant from District Court decision [65-1] (appeal fees not paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) (Entered: 04/30/1993)

April 29, 1993

April 29, 1993

PACER
67

Opinion (8USCA) vacating the consent decree entered 6/8/92 & remanding case to district court for further consideration of the proposed settlement (former empl) (Entered: 08/10/1993)

Aug. 9, 1993

Aug. 9, 1993

PACER
68

MANDATE from 8 USCA vacating district court's judgment & remanding the matter back to District Court for proceedings consistent with the opinion; original file to be returned shortly (former empl) (Entered: 08/10/1993)

Aug. 9, 1993

Aug. 9, 1993

PACER
69

ORDER by Judge George Howard Jr., directing the parties to file a report outlining issues curretly before the Court within 15 days of the date of this Order (cc: all counsel) (jap) (Entered: 08/11/1993)

Aug. 10, 1993

Aug. 10, 1993

PACER
70

Plaintiffs' report re: action to be taken upon remand (jap) (Entered: 08/26/1993)

Aug. 25, 1993

Aug. 25, 1993

PACER
71

Report of the separate State defts (jap) (Entered: 08/26/1993)

Aug. 25, 1993

Aug. 25, 1993

PACER
72

ORDER by Judge George Howard Jr., directing the parties to attempt to resolve any differences concerning enforcement provisions in light of this Court's and the 8th Circuit's decision; the parties shall submit a proposed Consent Decree for approval w/in 30 days (cc: all counsel) (jap) (Entered: 09/20/1993)

Sept. 17, 1993

Sept. 17, 1993

PACER
73

MOTION by defendants for extension of time to confer (jap) (Entered: 10/14/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
74

ORDER by Judge George Howard Jr., granting motion of defts for extension of time to confer [73-1] (cc: all counsel) (jap) (Entered: 10/15/1993)

Oct. 14, 1993

Oct. 14, 1993

PACER
75

Entry of Appearance/Motion by plaintiff to substitute attorney Mona Teague as co-counsel for plaintiffs in place of Marcia L. McIvor (jap) (Entered: 10/21/1993)

Oct. 20, 1993

Oct. 20, 1993

PACER
76

Joint motion for extension of time to confer (jap) (Entered: 11/01/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
77

ORDER by Judge George Howard Jr., granting motion to substitute attorney Mona Teague as co-counsel for plaintiffs in place of Marcia L. McIvor [75-1] [EOD 11/2/93] (cc: all counsel) (jap) (Entered: 11/02/1993)

Nov. 2, 1993

Nov. 2, 1993

PACER
78

JOINT MOTION by plaintiffs and defendants for extension of time to confer (bmt) (Entered: 11/04/1993)

Nov. 3, 1993

Nov. 3, 1993

PACER
79

ORDER by Judge George Howard Jr., granting the parties' joint motion for extension of time to confer [76-1] [78-1]; the parties shall have through 11/15/93 (cc: all counsel) (jap) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

PACER
80

JOINT MOTION by parties to extend time to confer (bmt) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

PACER
81

ORDER by Judge George Howard Jr. granting motion to extend time to confer [80-1] & file their report to the Court until 11/17/93 (cc: all counsel) (former empl) (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

PACER
82

JOINT MOTION by parties for continuance (bmt) (Entered: 11/17/1993)

Nov. 17, 1993

Nov. 17, 1993

PACER
83

ORDER by Judge George Howard Jr., granting the parties' joint motion for continuance [82-1] (cc: all counsel) (jap) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
84

REPORT to the Court by defendants Bill Clinton and Terry Yamauchi (jap) (Entered: 01/18/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
85

MOTION by plaintiff for order construing consent decree (jap) (Entered: 01/20/1994)

Jan. 18, 1994

Jan. 18, 1994

PACER
86

RESPONSE by defendant to motion for order construing consent decree [85-1] (jap) (Entered: 02/01/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
87

REPLY by plaintiffs to response to motion for order construing consent decree [85-1] (former empl) (Entered: 02/14/1994)

Feb. 9, 1994

Feb. 9, 1994

PACER
88

ORDER by Judge George Howard Jr. denying motion for order construing consent decree [85-1]; case will be set for trial & scheduling order will be issued forthwith (cc: all counsel) (former empl) Modified on 09/12/1994 (Entered: 03/31/1994)

March 30, 1994

March 30, 1994

PACER
89

SCHEDULING ORDER: (DOC) trial set for 9:30 on 10/17/94; discovery due 8/22/94; status report due 9/5/94; pretrial info due 9/5/94 (cc: all counsel) (former empl) (Entered: 04/01/1994)

March 31, 1994

March 31, 1994

PACER
90

MOTION by plaintiffs to continue trial (former empl) (Entered: 04/26/1994)

April 25, 1994

April 25, 1994

PACER
91

ORDER by Judge George Howard Jr. denying pltfs' motion to continue trial [90-1] EOD 5/19/94 (cc: all counsel) (jap) (Entered: 05/19/1994)

May 19, 1994

May 19, 1994

PACER
92

MANDATE from 8 USCA dismissing the appeal [66-1] (dac) (Entered: 07/18/1994)

July 18, 1994

July 18, 1994

PACER
93

MOTION by plaintiffs to reschedule discovery cut-off date (former empl) (Entered: 08/03/1994)

Aug. 3, 1994

Aug. 3, 1994

PACER
94

MOTION by defendants to dismiss case, to decertify class action and to dismiss individual claims (former empl) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

PACER
95

BRIEF by defendants in support of motion to dismiss case, to decertify class action and to dismiss individual claims [94-1] [94-2] [94-3] (former empl) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

PACER
96

Amended MOTION by plaintiffs to extend discovery deadline and to compel production of documents (former empl) (Entered: 08/11/1994)

Aug. 10, 1994

Aug. 10, 1994

PACER
97

RESPONSE by defendants to motion to extend discovery deadline [96-1] (former empl) (Entered: 08/12/1994)

Aug. 11, 1994

Aug. 11, 1994

PACER
98

ORDER by Judge George Howard Jr. granting motion to extend discovery deadline [96-1]; Discovery ddl extended to 9/15/94 (cc: all counsel) (former empl) (Entered: 08/15/1994)

Aug. 12, 1994

Aug. 12, 1994

PACER
99

Statement by plaintiffs in opposition to motion to dismiss [94-1] (former empl) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

PACER
100

MOTION by plaintiffs to extend time to file witness and exhibit list (former empl) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Child Welfare

Key Dates

Filing Date: July 8, 1991

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who, since July 1, 1988, are known to the Arkansas Department of Health Services (DHS) by reason of a complain of abuse or neglect, and all children who are in the custody of DHS as the result of emergency 72-hour placement or an abuse, neglect, or Family In Needs of Services (FINS) petition.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas Department of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2001

Content of Injunction:

Auditing

Other requirements regarding hiring, promotion, retention

Issues

General:

Adoption

Classification / placement

Counseling

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Juveniles

Parents (visitation, involvement)

Placement in shelters

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Benefit Source:

Adoption Assistance and Child Welfare Act