Case: L.J. v. Massinga

1:84-cv-04409 | U.S. District Court for the District of Maryland

Filed Date: Dec. 5, 1984

Clearinghouse coding complete

Case Summary

This class action involving children placed in Maryland's foster care program was filed on December 5, 1984, in the U.S. District Court for the District of Maryland (Baltimore). The plaintiffs were represented by private counsel and Public Justice Center; they sought broad interim and permanent injunctive relief as well as monetary damages against the state to redress deficiencies in the foster care program, claiming that the state violated Adoption Assistance and Child Welfare Act, Title IV-E …

This class action involving children placed in Maryland's foster care program was filed on December 5, 1984, in the U.S. District Court for the District of Maryland (Baltimore). The plaintiffs were represented by private counsel and Public Justice Center; they sought broad interim and permanent injunctive relief as well as monetary damages against the state to redress deficiencies in the foster care program, claiming that the state violated Adoption Assistance and Child Welfare Act, Title IV-E and IV-B of the Social Security Act, the Fourteenth Amendment, and 42 U.S.C. 1983.

On January 2, 1987, the court certified a class of all current, former, and future children who are, have been, or will be placed in foster home by the Baltimore City Department of Social Services (BCDSS) and are or will be in BCDSS custody either through voluntary placement or court order. The next month, the plaintiffs filed a motion for a preliminary injunction. In April, the court found overwhelming evidence of systematic deficiencies in Baltimore's foster care system. Specifically, the court found that satisfactory homes were lacking, that the defendants did not remove children away from abusive or neglectful homes, that homes were licensed to foster parents unable to care for the children, that foster children received inadequate medical care, and that the defendants did not make the improvements suggested previously.

The court granted the preliminary injunction on July 27, 1987, in which the defendants were ordered to review the status of each foster home reported for maltreatment, visit each child in BCDSS foster home monthly, visit each child subject to a maltreatment report weekly, ensure appropriate medical care is provided for each child, and provide written copies of any maltreatment complaint of a foster child to the juvenile court as well as the child's attorney.

On February 1, 1988, the Fourth Circuit affirmed the preliminary injunction, holding that foster children in BCDSS custody were entitled to preliminary relief from administration deficiencies in the foster children program, and that city and state officials administrating the state's federally funded foster care program were not immune from damages for failing to protect foster children in foster homes. 838 F. 2d 118.

On April 26, 1988, the parties submitted a settlement agreement embodying the measures from the preliminary injunctive order, as well as new proposals to make substantial improvements of the foster care system. Specifically, it states that the defendants will limit the caseload amount per caseworker, improve the system for providing medical care to foster children, provide assistance to natural parents to avoid foster care when possible, and seek new foster homes. All these improvements were to made within two years. The court approved the notice for class action settlement to be sent in May. (Attorneys' fees were to be addressed separately from the decree.) The Consent Decree was approved on September 27, 1988, and was later modified in 1991 to extend its protection to children in BCDSS custody who are placed in unlicensed placements with relatives. 699 F.Supp. 508.

For several years, Plaintiffs monitored the decree; however, compliance has been difficult to obtain. On April 13, 2007, the plaintiffs sent a status report to the court regarding failed mediation sessions and the plaintiffs' intent to prepare contempt papers. The defendants responded by sending a letter to the court expressing their disappointment with the plaintiffs' desire to file a motion for contempt. The defendants stated their interest in working together, and that the new Secretary of Maryland Department of Human Resources, who started working with this case a few months ago, has taken a hands-on approach with the intent to implement the provisions of the decree. Although the defendants would not agree to an expanded court monitor during previous negotiations, the defendant stated their willingness to explore options regarding the use of a monitor with the governor's office and to implement a plan with enforceable benchmarks.

About 7 months later, the plaintiffs filed a petition for order of enforcement and to show cause why the defendants should not be held in contempt of consent decree, and also a motion to modify the consent decree. The plaintiffs claimed that the defendants violated over 90 provisions of the decree, and requested that the defendants establish a monitor. Alternatively, the plaintiffs stated that, if the defendants did not establish a monitor, the defendants should be required to provide the plaintiffs' counsel with full access to relevant databases and case files.

Negotiations ensued, and the parties agreed to a Modified Consent Decree; the court approved it on October 9, 2009. The decree states that the goal is to provide a safe, nurturing, permanent home for children as quickly as possible, and that family involvement in decision-making is critical. Specifically, the decree states that:

 

  • The parties will agree to a contractor(s), the "Independent Verification Agent" (IVA), retained at the defendants' expense, to verify independently that the defendants' reports of compliance with several provisions of the decree are accurate, valid, and reliable, and to provide feedback to the defendants for self-correcting and quality improvement purposes.
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  • The defendants will provide the IVA with timely and reasonable access to information deemed relevant to its work, and the plaintiffs' counsel will have access to such information to ensure and enforce compliance with the decree.
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  • The defendants will submit a report addressing their performance and compliance every six months to both the court and the plaintiffs.
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  • By the end of 2009, the defendants will establish a standardized process for resolving issues regarding individual class members.
  • If a dispute between the parties arise, the plaintiff will notify the defendants prior to seeking judicial relief.
  • The defendants will continue to report on their compliance until the court vacates the decree.
  • Regarding substantive measures, the defendants will ensure that each child has a permanency plan and that its implementation is achieved quickly; that each family of a child at risk of removal will be provided with assistance; that placements will be reasonably calculated to ensure each child is placed in the least restrictive placement; that the children will be provided with appropriate, necessary, and timely healthcare; that the children will be provided with appropriate assistance to attend and succeed in school; that a permanency caseworker's case load should not exceed 15 children and a supervisor's caseload should not exceed 6 caseworkers.

However, a month later, the defendants appealed to the Fourth Circuit, seeking to vacate the 1988 consent decree and deny the entry of the modified decree on the basis of Horne v. Flores (129 S. Ct. 2579 (2009), a then-recent Supreme Court ruling regarding the application of Rule 60(b)(5). On January 26, 2011, the Fourth Circuit denied the appeal and affirmed the Court's orders approving and entering the MCD. 633 F.3d 297.

Plaintiffs' contempt motion from 2007 was still pending, but in January 2012, the plaintiffs voluntarily dismissed that motion. Compliance reports were apparently still being filed every six months as of March 2012, but that is so far the final such report.

Summary Authors

Alice Liu (12/9/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8786717/parties/lj-v-ruth-massinga/


Judge(s)

Blake, Catherine C. (Maryland)

Duncan, Allyson Kay (North Carolina)

King, James Lawrence (Florida)

Motz, J. Frederick (Maryland)

Attorneys(s) for Plaintiff

Gardner, Debra (Maryland)

Lipkin, Rhonda B (Maryland)

Mirviss, Mitchell Y (Maryland)

Posner, Gary Steven (Maryland)

Attorneys(s) for Defendant

Beller, David E (Maryland)

Bernhardt, Julia Doyle (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Duncan, Allyson Kay (North Carolina)

King, James Lawrence (Florida)

Motz, J. Frederick (Maryland)

Attorneys(s) for Plaintiff

Gardner, Debra (Maryland)

Lipkin, Rhonda B (Maryland)

Mirviss, Mitchell Y (Maryland)

Posner, Gary Steven (Maryland)

Attorneys(s) for Defendant

Beller, David E (Maryland)

Bernhardt, Julia Doyle (Maryland)

Gordon, Millicent D Edwards (Maryland)

Howard, John Burnside Jr. (Maryland)

Shultz, Catherine M. (Maryland)

Smith, Carol A. (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

March 27, 2012 Docket

Opinion

U. S. Court of Appeals for the Fourth Circuit

838 F.2d 118

Feb. 1, 1988 Order/Opinion

Memorandum

699 F.Supp. 508

Sept. 27, 1988 Order/Opinion
448

Correspondence

April 13, 2007 Correspondence
447

Re: L.J., et al. v. Massinga, et al. Civil Action No. JFM-84-4409

April 13, 2007 Correspondence
477

Plaintiffs' Petition for Orders of Enforcement and to show cause why defendants should not be held in contempt of consent decree, and motions to modify consent decree and monitoring order

Nov. 5, 2007 Pleading / Motion / Brief
556

Memorandum In Support Of Join Motion For Preliminary Approval Of Modified Consent Decree, For An Order Of Proposed Modified Consent Decree And Scheduling Of A Fairness Hearing, And For Final Approval Of Modified Consent Decree

L.J. v. Dallas

June 22, 2009 Order/Opinion
556-2

Circular Letter SSA

L.J. v. Dallas

June 22, 2009 Internal memorandum
556-1

Modified Consent Decree

L.J. v. Dallas

June 22, 2009 Order/Opinion
586

Modified Consent Decree

Oct. 9, 2009 Order/Opinion

Resources

Title Description External URL

Rethinking Consent Decrees: How Federal-Court Decrees in Child Welfare Can Harm Those They Are Supposed to Help and Upset the Federal-State Balance

John Bursch & Maura Corrigan

This report examines the efficacy of consent decrees as a tool for reforming government, with a special focus on decrees governing child-welfare agencies, a subset of consent decrees that has been a … June 1, 2016 https://pdfs.semanticscholar.org/763b/40be43214fb84f250d61a159fbe7175d55c2.pdf?_ga=2.223220699.1172846216.1581272719-1028919796.1581272719

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8786717/lj-v-ruth-massinga/

Last updated May 20, 2022, 2:50 a.m.

ECF Number Description Date Link

FOR PLEADINGS 1 THRU 329 SEE HARD DOCKET (cag, Deputy Clerk)

Nov. 30, 1998 PACER

FOR PLEADINGS 1 THRU 329 SEE HARD DOCKET (cag, Deputy Clerk) (Entered: 12/07/1998)

Nov. 30, 1998
330

PROTECTIVE ORDER and "APPROVAL". ( signed by Chf Judge J. F. Motz ) (c/m 12/1/98-cag) (cag, Deputy Clerk) (Entered: 12/07/1998)

Nov. 30, 1998 PACER
331

PROTECTIVE ORDER to permit certain children's names and other confidential and identifying information ( signed by Chf Judge J. F. Motz ) (c/m 1/4/99-cag) (cag, Deputy Clerk) (Entered: 01/04/1999)

Jan. 4, 1999 PACER
332

ORDER "STRIKING" the Appearances of Joan Little and the Legal Aid Bureau, Inc. as class counsel. ( signed by Chf Judge J. F. Motz 1/4/99 ) (c/m 1/4/99-cag) (cag, Deputy Clerk) (Entered: 01/04/1999)

Jan. 4, 1999 PACER
333

TWENTY-FIRST SIX-MONTH COMPLIANCE REPORT by Defendants. (c/s Judge Motz) (cag, Deputy Clerk) (Entered: 02/09/1999)

Feb. 8, 1999 PACER
334

DEFENDANTS' TWENTY-SECOND SIX-MONTH COMPLIANCE REPORT (c/s J. Motz) (cag, Deputy Clerk) (Entered: 08/06/1999)

Aug. 5, 1999 PACER
335

DEFENDANTS' TWENTY-THIRD SIX-MONTH COMPLIANCE REPORT (c/m J Motz) (jnl, Deputy Clerk) (Entered: 02/08/2000)

Feb. 8, 2000 PACER
336

Defendants twenty-fourth six-month compliance report, and attachments. (c/s JFM) (das, Deputy Clerk) (Entered: 08/11/2000)

Aug. 11, 2000 PACER
337

DEFENDANTS' Twenty-Fifth Six-Month Compliance Report (c/s) (eg, Deputy Clerk) (Entered: 02/08/2001)

Feb. 7, 2001 PACER
338

Twenty-Sixth Six-Month Compliance REPORT by defendants and attachments (c/s Chf Judge Motz) (eg, Deputy Clerk) Modified on 08/06/2001 (Entered: 08/06/2001)

Aug. 6, 2001 PACER
339

TWENTY-SEVENTH SIX-MONTH COMPLIANCE REPORT by defendants and attachments (c/s Chf. Judge Smalkin) (eg, Deputy Clerk) (Entered: 02/06/2002)

Feb. 5, 2002 PACER
340

RESPONSE by Plaintiffs' to [339-1] Twenty-Seventh Six-Month Compliance Report and Exhibit 1 by defendants' (c/s) (eg, Deputy Clerk) (Entered: 07/31/2002)

July 30, 2002 PACER
341

Defendants' Twenty-Eight Six-Month Compliance REPORT and attachments (c/s) (eg, Deputy Clerk) (Entered: 08/06/2002)

Aug. 6, 2002 PACER
342

JOINT STIPULATION AND ORDER for Extension of Time for plaintiffs' filing of response to defendants' Twenty-Eight Six-Month Compliance Report to allow defendants the opportunity to review and comment upon a draft of plaintiffs' response. (signed by Chief Judge Frederic N. Smalkin 9/9/02) (c/m 9/10/02 eg) (eg, Deputy Clerk) Modified on 09/10/2002 (Entered: 09/10/2002)

Sept. 10, 2002 PACER
343

NOTICE of attorney appearance by Millicent Edwards Gordon as counsel for defendants (c/s Chf Judge Smalkin) (eg, Deputy Clerk) Modified on 02/12/2003 (Entered: 10/15/2002)

Oct. 15, 2002 PACER
344

RESPONSE by L.J to [341-1] defendants' twenty-eight six-month compliance report and Exhbits 1 and 2 (c/s Chf Judge Smalkin) (FILED SEPARATELY) (eg, Deputy Clerk) Modified on 02/12/2003 (Entered: 11/01/2002)

Nov. 1, 2002 PACER
345

TWENTY-NINTH SIX-MONTH COMPLIANCE REPORT by defendants' Social Services, Human Resources and attachments (c/s) (eg, Deputy Clerk) Modified on 02/12/2003 Modified on 11/12/2003 (eg, Deputy Clerk). (Entered: 02/06/2003)

Feb. 5, 2003 PACER
346

JOINT STIPULATION to Extension of Time for the filing of plaintiffs' response to defendants' Twenty-Ninth Six-Month Compliance Report by Baltimore City Department of Social Services, L.J, Maryland Department of Human Resources, Ruth Massinga. (eg, Deputy Clerk) (Entered: 03/11/2003)

March 10, 2003 PACER
347

MARGINAL ORDER granting 346 Joint Stipulation of the parties for Extension of Time for plaintiff to file a response to defendans' Twenty-Ninth Six-Month Compliance Report. Signed by Judge Benson E Legg on 3/6/03. (SEE DOCKET ENTRY #346) (c/m chambers 3/10/03) (eg, Deputy Clerk) (Entered: 03/11/2003)

March 10, 2003 PACER
348

STATUS REPORT Thirtieth Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (Shultz, Catherine) (Entered: 08/05/2003)

Aug. 5, 2003 PACER
349

Correspondence re: Lengthy Exhibits (Shultz, Catherine) (Entered: 08/05/2003)

Aug. 5, 2003 PACER
350

Joint MOTION for Extension of Time by L.J. Responses due by 9/22/2003 (Mirviss, Mitchell) (Entered: 09/05/2003)

Sept. 5, 2003 PACER
351

STIPULATION for Extension of Time by Baltimore City Department of Social Services, L.J, Maryland Department of Human Resources, Ruth Massinga. (Mirviss, Mitchell) (Entered: 09/05/2003)

Sept. 5, 2003 PACER
352

RESPONSE re 345 Defendants' Twenty-Ninth Six-Month Compliance Report filed by L.J, and attachment 1 (c/s) (eg, Deputy Clerk) (Entered: 11/12/2003)

Nov. 7, 2003 PACER
353

Joint MOTION for Extension of Time to File Defendants' Thirty-First Six-Month Compliance Report by Ruth Massinga. Responses due by 2/23/2004 (Shultz, Catherine) (Entered: 02/05/2004)

Feb. 5, 2004 PACER
354

STATUS REPORT Addendum to 30th Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Shultz, Catherine) (Entered: 02/20/2004)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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Feb. 20, 2004 PACER
355

PLAINTIFFS' RESPONSE re 354 Defendants' Thirtieth Six-Month Compliance Report (FILED SEPARATELY)(c/s)(eg, Deputy Clerk) (Entered: 03/02/2004)

March 2, 2004 PACER
356

ERRATA SHEET TO JOINT STIPULATION filed by plaintiffs (c/s) (eg, Deputy Clerk) (Entered: 03/02/2004)

March 2, 2004 PACER
357

STATUS REPORT by Maryland Department of Human Resources, Ruth Massinga. (Attachments: # 1 Thirty-First Six-Month Compliance Report# 2 Attachments A through D)(Shultz, Catherine) (Entered: 03/05/2004)

March 5, 2004 PACER
358

JOINT STIPULATION TO Extend Time and APPROVAL. Signed by Judge J. Frederick Motz on 4/9/04. (c/m)(eg, Deputy Clerk) (Entered: 04/09/2004)

April 9, 2004 PACER
359

JOINT STIPULATION TO EXTENSION OF TIME AND ORDER APPROVING. Signed by Judge J. Frederick Motz on 7/16/04. (c/m 7/16/04)(eg, Deputy Clerk) (Entered: 07/16/2004)

July 16, 2004 PACER
360

RESPONSE re 357 Defendant's Thirty-First-Six-Month Compliance Report filed by plaintiffs L.J, et al.. (c/s Judge Motz)(eg, Deputy Clerk) (FILED SEPARATELY) (Entered: 07/28/2004)

July 28, 2004 PACER
361

STATUS REPORT Defendants' Thirty-Second Six-Month Compliance Report by Maryland Department of Human Resources. (Attachments: # 1 Appendix Appendix E Cases# 2 Exhibit Court Report August 2004# 3 Exhibit Family Preservation# 4 Exhibit Foster Home Payment# 5 Exhibit Foster Care Continuing# 6 Exhibit Foster Care New Entries# 7 Exhibit Training)(Shultz, Catherine) Modified on 8/6/2004 (eg, Deputy Clerk). (FILED SEPARATELY) (Entered: 08/05/2004)

1 Appendix Appendix E Cases

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2 Exhibit Court Report August 2004

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3 Exhibit Family Preservation

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4 Exhibit Foster Home Payment

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5 Exhibit Foster Care Continuing

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6 Exhibit Foster Care New Entries

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7 Exhibit Training

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Aug. 5, 2004 PACER
362

JOINT STIPULATION TO EXTENSION OF TIME AND ORDER APPROVING. Signed by Judge J. Frederick Motz on 9/3/04. (eg, Deputy Clerk) (Entered: 09/03/2004)

Sept. 3, 2004 PACER

Case reassigned to Judge J. Frederick Motz (cag, Deputy Clerk)

Sept. 3, 2004 PACER
363

MOTION to Amend/Correct 361 Status Report, by Maryland Department of Human Resources. Responses due by 9/24/2004 (Attachments: # 1)(Shultz, Catherine) Modified on 9/8/2004 (eg, Deputy Clerk). (FILED IN ERROR) (Entered: 09/07/2004)

Sept. 7, 2004 PACER

The link to Document #363 has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was filed in error. (eg, Deputy Clerk)

Sept. 8, 2004 PACER
364

DEFENDANTS' CORRECTION TO THIRTY-SECOND SIX-MONTH COMPLIANCE REPORT by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (c/s) (eg, Deputy Clerk) (Entered: 09/08/2004)

Sept. 8, 2004 PACER
365

STATUS REPORT Correction to 32nd Status Report and replacement to filing yesterday (361) by Maryland Department of Human Resources. (Attachments: # 1 Errata Correction to Page Two of the 32nd Status Report# 2 Errata Correction to Page 17 of the 32nd Status Report)(Shultz, Catherine) (Entered: 09/08/2004)

1 Errata Correction to Page Two of the 32nd Status Report

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2 Errata Correction to Page 17 of the 32nd Status Report

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Sept. 8, 2004 PACER
366

JOINT STIPULATION AND ORDER EXTENDING time for filing of Plaintiff's Response to Defendant's Thirty-Second Six-Month Compliance Report to 1/18/05 and for the filing of Defendant's Thirty-Third Six-Month Compliance Report extended to 2/18/05. Signed by Judge J. Frederick Motz on 12/10/04. (eg, Deputy Clerk) (Entered: 12/13/2004)

Dec. 10, 2004 PACER
367

RESPONSE re 365 Defendants' Thirty-Second Six Month Compliance Report filed by L.J. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
368

Supplemental to 367 Response to Defendants' Thirty-Second Six-Month Compliance Report filed by L.J. (c/s)(eg, Deputy Clerk) (Entered: 01/19/2005)

Jan. 19, 2005 PACER
369

Consent MOTION for Extension of Time to File 33rd Six-Month Compliance Report by Maryland Department of Human Resources. Responses due by 3/7/2005 (Shultz, Catherine) (Entered: 02/18/2005)

Feb. 18, 2005 PACER
370

PLAINTIFFS' FIRST PETITION for Interim Award of Post-Judgment for Attorney Fees and Expenses, Memorandum and Exhibits by L.J. (EXHIBITS FILED SEPARATELY)(c/s 2/22/05) (eg, Deputy Clerk) Modified on 2/22/2005 (eg, Deputy Clerk). (Entered: 02/22/2005)

Feb. 22, 2005 PACER
371

DEFENDANTS' THIRTY-THIRD SIX MONTH COMPLIANCE REPORT by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (c/s) (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 02/22/2005)

Feb. 22, 2005 PACER
372

Consent MOTION for Extension of Time to File Response/Reply to the Plaintiffs' Petition for Award of Attorney's Fees and Expenses by Maryland Department of Human Resources. Responses due by 3/21/2005 (Shultz, Catherine) (Entered: 03/03/2005)

March 3, 2005 PACER
373

Paperless ORDER granting re 372 Consent MOTION for Extension of Time to File Response/Reply to the Plaintiffs' Petition for Award of Attorney's Fees and Expenses filed by Maryland Department of Human Resources. Signed by Judge J. Frederick Motz on 3/4/05. (Motz, J.) (Entered: 03/04/2005)

March 4, 2005 PACER
374

ERRATA SHEET to Memorandum in support of plaintiff's 370 First Petition for Interim Award of Post-Judgment Attorney's Fees and Expense filed by L.J. (c/s) (eg, Deputy Clerk) (Entered: 03/23/2005)

March 23, 2005 PACER
375

JOINT STIPULATION and MARGINAL ORDER APPROVING Extension of Time for the filing of Plaintiffs' Response to Defendants' Thirty-Third Six-Month Compliance Report to 6/15/05. Signed by Judge J. Frederick Motz on 3/23/05. (c/m 3/24/05 eg) (eg, Deputy Clerk) Modified on 3/24/2005 (eg, Deputy Clerk). (Entered: 03/24/2005)

March 23, 2005 PACER
376

Joint MOTION for Extension of Time to File Response/Reply as to 370 MOTION for Attorney Fees by Maryland Department of Human Resources. Responses due by 4/18/2005 (Shultz, Catherine) (Entered: 04/01/2005)

April 1, 2005 PACER
377

Paperless ORDER granting re 376 Joint MOTION for Extension of Time to File Response/Reply as to 370 MOTION for Attorney Fees filed by Maryland Department of Human Resources,. Signed by Judge J. Frederick Motz on 4/4/05. (Motz, J.) (Entered: 04/04/2005)

April 4, 2005 PACER
378

DEFENDANTS' Opposition and Attachments to 370 Plaintiffs' First Interim Post-Judgment Petition for Awar of Attorneys' Fees and Expenses filed by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (c/s) (eg, Deputy Clerk) Modified on 4/11/2005 (eg, Deputy Clerk). (ATTACHMENTS FILED SEPARATELY) (Entered: 04/11/2005)

April 8, 2005 PACER
379

JOINT STIPULATION to Stay Proceedings on Plaintiffs' First Petition for Interim Award of Post-Justment Attorney's Fees and Expenses and to Toll the Time for Plaintiffs' Reply to Defendants' Opposition, by L.J. (c/s mcb, Deputy Clerk) (Entered: 04/22/2005)

April 22, 2005 PACER
380

Correspondence requesting a status report. (Motz, J.) (Entered: 04/25/2005)

April 25, 2005 PACER
381

PAPERLESS ORDER APPROVING re 379 Joint Stipulation, filed by L.J,. Per Judge J. Frederick Motz on 4/25/05. (eg, Deputy Clerk) (Entered: 04/25/2005)

April 25, 2005 PACER
382

Request for Status Report. Status Report due by 8/2/2005. (Motz, J.) (Entered: 07/18/2005)

July 18, 2005 PACER
383

STATUS REPORT Joint Status Report of Plaintiffs and Defendants by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 07/27/2005)

July 27, 2005 PACER
384

Correspondence setting scheduling conference. (Motz, J.) (Entered: 08/01/2005)

Aug. 1, 2005 PACER
385

STIPULATION Joint Stipulation to Extend Time by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 08/02/2005)

Aug. 2, 2005 PACER
386

Supplemental to Second Errata to Defendants' Opposition to Plaintiffs' First Interim Post-Judgment Petition for Award of Attorneys' Fees and Expenses. (Attachments: # 1 Errata Substituted Page 2# 2 Exhibit Attachment B-1# 3 Exhibit Attachment B-2)(Shultz, Catherine) (Entered: 08/02/2005)

1 Errata Substituted Page 2

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2 Exhibit Attachment B-1

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3 Exhibit Attachment B-2

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Aug. 2, 2005 PACER
387

Paperless ORDER granting re 385 Stipulation for extension of time filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga, L.J. Signed by Judge J. Frederick Motz on 8/3/05. (Motz, J.) (Entered: 08/03/2005)

Aug. 3, 2005 PACER
388

NOTICE of Appearance by Rhonda B Lipkin on behalf of L.J (Lipkin, Rhonda) (Entered: 08/05/2005)

Aug. 5, 2005 PACER
389

STATUS REPORT Defendants' Thirty-Fourth Six-Month Compliance Report by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1 Defendants' Thirty-Fourth Six-Month Compliance Report)(Shultz, Catherine) (Entered: 08/12/2005)

1 Defendants' Thirty-Fourth Six-Month Compliance Report

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Aug. 12, 2005 PACER
390

Correspondence confirming matters discussed during the conference held on August 15, 2005. (Motz, J.) (Entered: 08/17/2005)

Aug. 17, 2005 PACER
391

REQUEST for Extension of Time to File Report on Discussions on Attorney Fees and Access to Information (Lipkin, Rhonda) (Entered: 09/08/2005)

Sept. 8, 2005 PACER
392

Paperless ORDER approving re 391 Request for Extension of Time to File filed by L.J. Signed by Judge J. Frederick Motz on 9/12/05. (Motz, J.) (Entered: 09/12/2005)

Sept. 12, 2005 PACER
393

STIPULATION Joint Stipulation to Extend Time for Plaintiffs' Filing of Response to 33rd and 34th Compliance Reports by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 10/11/2005)

Oct. 11, 2005 PACER
394

Paperless ORDER granting re 393 Stipulation to extend time filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga. Signed by Judge J. Frederick Motz on 10/11/05. (Motz, J.) (Entered: 10/11/2005)

Oct. 11, 2005 PACER
395

Second REQUEST for Extension of Time to File Status Report on Fee/Access to Information Negotiations (Lipkin, Rhonda) (Entered: 10/12/2005)

Oct. 12, 2005 PACER
396

Paperless ORDER granting re 395 Request for Extension of Time to File filed by L.J. Signed by Judge J. Frederick Motz on 10/14/05. (Motz, J.) (Entered: 10/14/2005)

Oct. 14, 2005 PACER
397

Joint MOTION for Protective Order by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. Responses due by 11/14/2005 (Shultz, Catherine) (Entered: 10/28/2005)

Oct. 28, 2005 PACER
398

PAPERLESS ORDER APPROVING 397 Joint Motion for Protective Order. Per by Judge J. Frederick Motz on 10/31/05. (eg, Deputy Clerk) (Entered: 10/31/2005)

Oct. 31, 2005 PACER
399

Joint Request for Conference (Shultz, Catherine) (Entered: 11/10/2005)

Nov. 10, 2005 PACER
400

Correspondence setting conference. (Motz, J.) (Entered: 11/14/2005)

Nov. 14, 2005 PACER
401

PLAINTIFFS' RESPONSE to Defendants' Thirty-Third and Thirty-Fourth Six-Month Compliance Reports and Attachments 1 through 53 filed by L.J. (c/s) (rec'd 12/12/05 in paper-format)(FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 12/12/2005)

Dec. 12, 2005 PACER
402

Status Report Submitted by L.J (Lipkin, Rhonda) (Entered: 12/12/2005)

Dec. 12, 2005 PACER
403

MOTION for Temporary Restraining Order and Preliminary Injunction by L.J. Responses due by 1/9/2006 (Attachments: # 1 # 2 # 3)(Mirviss, Mitchell) (Entered: 12/23/2005)

Dec. 23, 2005 PACER
404

REQUEST for Extension of Time to File Update on Information/Fees Negotiations (Lipkin, Rhonda) (Entered: 12/28/2005)

Dec. 28, 2005 PACER
405

PAPERLESS ORDER APPROVING re 404 Request for Extension of Time to File. Report due 1/10/06. Signed by Judge J. Frederick Motz on 12/29/05. (Motz, J.) (Entered: 12/29/2005)

Dec. 29, 2005 PACER
406

Correspondence re: Consent Order Concerning Plaintiffs' Counsel's Tours of the Gay Street Office of The Baltimore City Department of Social Services (Mirviss, Mitchell) (Entered: 01/06/2006)

Jan. 6, 2006 PACER
407

PAPERLESS ORDER APPROVING 406 Consent Order which resolves 403 Motion for TRO. Per Judge J. Frederick Motz on 1/6/06. (eg, Deputy Clerk) (Entered: 01/09/2006)

Jan. 9, 2006 PACER
408

Status Report Submitted on Negotiations re Information Access and Fees by L.J (Lipkin, Rhonda) (Entered: 01/10/2006)

Jan. 10, 2006 PACER
409

Status Report Submitted by Baltimore City Department of Social Services, Maryland Department of Human Resources (Shultz, Catherine) (Entered: 01/10/2006)

Jan. 10, 2006 PACER
410

ERRATA SHEET to Plaintiffs' RESPONSE and CORRECTED VERSION to Defendants' Thirty-Third and Thirty-Fourth Six Month Compliance Reports filed by L.J. (FILED SEPARATELY) (c/s)(eg, Deputy Clerk) (Entered: 01/11/2006)

Jan. 11, 2006 PACER
411

Correspondence re: Withdrawal of Request for Establishment of Fee Mechanism (Lipkin, Rhonda) (Entered: 01/12/2006)

Jan. 12, 2006 PACER
412

Joint MOTION for Extension of Time for Filing Defendants' Thirty-Fifth Six-Month Compliance Report by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. Responses due by 2/23/2006 (Shultz, Catherine) (Entered: 02/06/2006)

Feb. 6, 2006 PACER
413

Paperless ORDER granting 412 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 2/6/06. (Motz, J.) (Entered: 02/06/2006)

Feb. 6, 2006 PACER
414

STATUS REPORT Defendants' Thirty-Fifth Six-Month Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1 Consent Decree Report)(Shultz, Catherine) (Entered: 02/07/2006)

1 Consent Decree Report

View on PACER

Feb. 7, 2006 PACER
415

ERRATA SHEET and SECOND CORRECTED VERSION of Plaintiffs' RESPONSE to Defendants' Thirty-Third and Thirty-Fourth Six-Month Compliance Reports and SECOND CORRECTED VERSION filed by L.J. (c/s) (FILED SEPARATELY)(eg, Deputy Clerk) (Entered: 02/15/2006)

Feb. 14, 2006 PACER
416

JOINT STIPULATION to Extension of Time for filing Plaintiffs' Response to Defendants' Thirty-Fifth Six-Month Compliance Report by Ruth Massinga, et al. and L.J., et al. (eg, Deputy Clerk) (Entered: 03/09/2006)

1 Joint Stipulation to Extension of time

View on PACER

March 9, 2006 PACER
417

Paperless ORDER granting re 416 Stipulation filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga, L.J. Signed by Judge J. Frederick Motz on 3/10/06. (Motz, J.) (Entered: 03/10/2006)

March 10, 2006 PACER
418

STIPULATION Joint Stipulation to Extension of Time by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Mirviss, Mitchell) (Entered: 05/22/2006)

May 22, 2006 PACER
419

Paperless ORDER granting re 418 Stipulation to extension of time filed by Maryland Department of Human Resources, et al. Signed by Judge J. Frederick Motz on 5/22/06. (Motz, J.) (Entered: 05/22/2006)

May 22, 2006 PACER
420

Consent MOTION for Extension of Time to File Response to 35th & 36th Reports by L.J. Responses due by 7/25/2006 (Lipkin, Rhonda) (Entered: 07/08/2006)

July 8, 2006 PACER
421

Consent MOTION for Other Relief to Omit June, July & August Monthly Meetings with Monitor by L.J. Responses due by 7/25/2006 (Lipkin, Rhonda) (Entered: 07/08/2006)

July 8, 2006 PACER
422

Paperless ORDER granting request made in re 420 Consent MOTION for Extension of Time to File Response to 35th & 36th Reports filed by L.J. Signed by Judge J. Frederick Motz on 7/10/06. (Motz, J.) (Entered: 07/10/2006)

July 10, 2006 PACER
423

Paperless ORDER granting request made in re 421 Consent MOTION for Other Relief to Omit June, July & August Monthly Meetings with Monitor filed by L.J. Signed by Judge J. Frederick Motz on 7/10/06. (Motz, J.) (Entered: 07/10/2006)

July 10, 2006 PACER
424

Correspondence re: Notice to the Court (Shultz, Catherine) (Entered: 07/31/2006)

July 31, 2006 PACER
425

STATUS REPORT Defendants' Thirty-Sixth Six-Month Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1)(Shultz, Catherine) (Entered: 08/07/2006)

Aug. 7, 2006 PACER

State / Territory: Maryland

Case Type(s):

Child Welfare

Key Dates

Filing Date: Dec. 5, 1984

Plaintiffs

Plaintiff Description:

All children who are, have been, or will be placed in foster home by the Baltimore City Department of Social Services (BCDSS) and are or will be in BCDSS custody either through voluntary placement or court order.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Baltimore City Department of Social Services, State

Maryland Department of Human Resources, 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.

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Equal Protection

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1988 - 2011

Content of Injunction:

Recordkeeping

Preliminary relief granted

Monitoring

Monitor/Master

Reporting

Issues

General:

Access to public accommodations - governmental

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Individualized planning

Juveniles

Neglect by staff

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

Records Disclosure

Relative caretakers

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Youth / Adult separation

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Benefit Source:

Adoption Assistance and Child Welfare Act