Case: Roe v. Staples

1:83-cv-01704 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 20, 1983

Closed Date: 2007

Clearinghouse coding complete

Case Summary

Plaintiff, a child in foster care represented by a legal aid attorney, brought suit in 1983 in U.S. District Court for the Southern District of Ohio against the Hamilton County Department of Human Services (HCDHS) and the Ohio Department of Human Services (ODHS) alleging violations of the Fourteenth Amendment and the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 670 et seq. The complaint claimed that children in foster care and their parents did not receive proper pre-removal a…

Plaintiff, a child in foster care represented by a legal aid attorney, brought suit in 1983 in U.S. District Court for the Southern District of Ohio against the Hamilton County Department of Human Services (HCDHS) and the Ohio Department of Human Services (ODHS) alleging violations of the Fourteenth Amendment and the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 670 et seq. The complaint claimed that children in foster care and their parents did not receive proper pre-removal and reunification services. We have very few documents related to this case.

In August 1984, the court certified a class, and the parties began extensive discovery. Meanwhile, the court denied the plaintiff's motion for partial summary judgment and injunctive relief against the county defendants. The parties were proceeding towards trial, but they entered into a consent decree on August 26, 1986.

The consent decree required HCDHS to develop case plans for each child in its custody; to provide procedural protections for parents; to ensure parent-child visitation was available; to provide reunification services to children and families; and to conduct a needs assessment of the agency. In a separate consent decree with ODHS, the benefits of the settlement with Hamilton County were extended statewide. Furthermore, ODHS committed to issue regulations to improve program standards for children's service agencies.

In February 1990, the plaintiffs moved for an order of contempt against the state for noncompliance. Subsequently, the state provided a corrective action plan in December 1990. In November 1991, the court appointed an expert panel to oversee the state defendant's compliance with the settlement.

In August 1992, the county entered a modified consent judgment. In May 1998, the court found that the county met the conditions of the consent judgment, and therefore the court terminated the consent judgment.

The state implemented a Child Protection Oversight and Evaluation (CPOE) system in 2000; the court suspended some measures of the consent decree while the state implemented CPOE. In 2002, the state moved to modify the consent judgment. In response, the court directed the parties to mediation and appointed an expert panel to report on the progress of the mediation. In April 2006, the Court ended the appointment of the expert panels and required the parties to submit an amended consent decree. In July 2006, the parties provided the amendments. The court ordered the Ohio Department of Jobs and Family Services to provide continuing on-site monitoring of the county agency. Additionally, the court ordered compliance with 45 C.F.R. 1357.15 through the completion of statewide needs assessments. An expert monitored compliance with the consent decree. In 2007, the court awarded attorneys' fees and costs to the plaintiffs. Even though the consent decree provides for ongoing monitoring of compliance efforts, there have been no docket entries since early 2007.

Summary Authors

Elizabeth Homan (12/2/2012)

People


Judge(s)

Spiegel, S. Arthur (Ohio)

Attorneys(s) for Plaintiff

O'Hara, Michael J. (Kentucky)

Wassermann, Frank Joseph (Ohio)

Attorneys(s) for Defendant

Appel, Henry G (Ohio)

Espinoza, David Joseph (Ohio)

Harper, James Warren (Ohio)

Schwepe, Alan Paul (Ohio)

Judge(s)

Spiegel, S. Arthur (Ohio)

Attorneys(s) for Plaintiff

O'Hara, Michael J. (Kentucky)

Wassermann, Frank Joseph (Ohio)

Attorneys(s) for Defendant

Appel, Henry G (Ohio)

Espinoza, David Joseph (Ohio)

Harper, James Warren (Ohio)

Schwepe, Alan Paul (Ohio)

Documents in the Clearinghouse

Document

Docket

Jan. 11, 2007 Docket
119

Order

April 20, 2006 Order/Opinion
125

Agreed Order

Roe v. Riley

July 26, 2006 Order/Opinion
127

Agreed Order for the Payment of (1) Expert Fees and Costs and (2) Plaintiffs' Attorneys Fees and Costs

Roe v. Riley

Jan. 11, 2007 Order/Opinion

Resources

Title Description External URL

Roe v. Ohio Dept. of Human Services

National Center for Youth Law

This class action concerns whether children in foster care and their parents received pre-removal and prompt reunification services consistent with their rights pursuant to federal child welfare stat… https://youthlaw.org/case/roe-v-ohio-dept-human-services/

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION by plaintiff to proceed in forma pauperis () (wy) (Entered: 08/05/1992)

Oct. 20, 1983
2

ORDER by Judge S. A. Spiegel granting motion to proceed in forma pauperis [1−1] (cc: all counsel) () (wy) (Entered: 08/05/1992)

Oct. 20, 1983
4

RETURN OF SERVICE executed upon defendant John Cuddy, defendant Pamela Hyde, defendant Cty of Hamilton, defendant Kathleen Byrne, defendant Seth Staples on 10/26/83 (wy) (Entered: 08/05/1992)

Nov. 2, 1983
5

MOTION by defendant John Cuddy to extend time to answer ( (wy) (Entered: 08/05/1992)

Nov. 9, 1983
6

ORDER by Judge S. A. Spiegel granting motion to extend time to answer [5−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

Nov. 10, 1983
7

ANSWER by County defendants (wy) (Entered: 08/05/1992)

Nov. 14, 1983
8

ANSWER by defendant John Cuddy (wy) (Entered: 08/05/1992)

Dec. 5, 1983
9

MOTION by plaintiff to certify class action (wy) (Entered: 08/05/1992)

Feb. 10, 1984
10

RESPONSE by defendant John Cuddy to motion to certify class action [9−1] (wy) (Entered: 08/05/1992)

March 5, 1984
11

STIPULATION of ext of time to respond to (9) to County Defts until 3/15/84. (wy) (Entered: 08/05/1992)

March 5, 1984
12

RESPONSE by defendant to motion to certify class action [9−1] (wy) (Entered: 08/05/1992)

March 7, 1984
13

STIPULATION re ext of time for pltfs to reply to (9) until 3/14/84. (wy) (Entered: 08/05/1992)

March 9, 1984
14

REPLY by plaintiff to response to motion to certify class action [9−1] (wy) (Entered: 08/05/1992)

March 14, 1984
15

NOTICE of hearing setting motion to certify class action [9−1] at 9:00 7/20/84 (cc: all counsel) (wy) (Entered: 08/05/1992)

May 7, 1984
16

MOTION by defendant to stay discovery pending class certification (wy) (Entered: 08/05/1992)

May 21, 1984
17

MOTION by plaintiff to compel production of documents (wy) (Entered: 08/05/1992)

May 30, 1984
18

RESPONSE by plaintiff to motion to stay discovery pending class certification [16−1] (wy) (Entered: 08/05/1992)

June 11, 1984
19

RESPONSE by defendant John Cuddy to motion to compel production of documents ( no pgs: ) (wy) (Entered: 08/05/1992)

June 20, 1984
20

REPLY by plaintiff to response to motion to compel production of documents ( no pgs: ) (wy) (Entered: 08/05/1992)

June 29, 1984
21

CIVIL MINUTES: Proceeding before Judge S. A. Spiegel on pltfs' mot to certify class − arguments of cousel − Submitted. (wy) (Entered: 08/05/1992)

July 20, 1984
22

ORDER by Judge S. A. Spiegel granting motion to certify class action [9−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

Aug. 31, 1984
23

ORDER by Judge S. A. Spiegel finding the motion to stay discovery pending class certification [16−1] moot. (cc: all counsel) (wy) (Entered: 08/05/1992)

Aug. 31, 1984
24

ORDER by Judge S. A. Spiegel granting motion to compel production of documents [17−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

Sept. 7, 1984
25

MOTION by defendant Pamela Hyde, defendant Hamilton Cty Of, defendant Kathleen Byrne, defendant Seth Staples to compel production of documents (wy) (Entered: 08/05/1992)

Feb. 6, 1985

NOTATION ORDER by Judge Aug granting motion to compel production of documents [25−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

Feb. 6, 1985
27

ORDER OF REFERENCE to Magistrate Aug for Discovery purposes only; by Judge S. A. Spiegel (cc: all counsel) (wy) (Entered: 08/05/1992)

April 12, 1985
28

PRELIMINARY PRETRIAL ORDER by Judge S. A. Spiegel ; Preliminary pretrial conf was held on 8:30 4/23/85 ; discovery cutoff ddl set for 1/1/86 ;mtn filing ddl set for 2/1/86 ; final pretrial conf set for 2:00 4/30/86 ; non−jury trial set for 8/4/86 ( no pgs: 3) (cc: all counsel) (wy) (Entered: 08/05/1992)

April 24, 1985
29

NOTICE : Case is set for FPTC ON 4/30/86 AT 2:00 P.M. (wy) (Entered: 08/05/1992)

Aug. 1, 1985
30

ATTORNEY SUBSTITUTION: terminating Karen Leizman and substituting attorney Patricia Barry (wy) (Entered: 08/05/1992)

Aug. 29, 1985
31

Witness list submitted by deft Patricia K. Barry. (wy) (Entered: 08/05/1992)

Dec. 13, 1985
32

ATTORNEY SUBSTITUTION: substituting Trial Atty on behalf of deft Patricia Barry, Dept of Human Services attorney (wy) (Entered: 08/05/1992)

Feb. 13, 1986
33

STIPULATION for ext of time until 3/24/86 for filing of mots. for summ. J. by the parties. ( no pgs: 2) (wy) (Entered: 08/05/1992)

March 12, 1986
34

MOTION by plaintiff for partial summary judgment and injunctive relief against County defts (wy) (Entered: 08/05/1992)

April 16, 1986

Deposition of Brenda Merrick (wy) (Entered: 08/05/1992)

April 17, 1986

Deposition of Kathleen Byrne (wy) (Entered: 08/05/1992)

April 17, 1986

Deposition of Jerry Judge by pltf. (wy) (Entered: 08/05/1992)

April 17, 1986

Deposition of Brenda Merrick by pltf. (wy) (Entered: 08/05/1992)

April 17, 1986
35

ORDER by Judge S. A. Spiegel granting extension of time for completion of discovery; and, denying motion for partial summary judgment and injunctive relief against County defts [34−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

April 21, 1986
36

RESPONSE by defendant Pamela Hyde, defendant Hamilton Cty , defendant Kathleen Byrne, defendant Seth Staples to doc. 34. (wy) (Entered: 08/05/1992)

April 28, 1986
37

Final Witness list submitted by plaintiff (wy) (Entered: 08/05/1992)

April 29, 1986
38

ORDER by Judge S. A. Spiegel (cc: all counsel) this matter set for trial on 8/4/86. FPTC IS SET FOR 6/20/86 AT 2:00 P.M. (wy) (Entered: 08/05/1992)

May 9, 1986
39

NOTICE of FPTC on 6/20/86 at 2:00 p.m. &for Jury Trial on 8/4/86 at 9:30 a.m. (wy) (Entered: 08/05/1992)

May 9, 1986
40

STIPULATION for ext of time until 5/12/86 for pltfs to reply in support of their mot. for summ. J. (wy) (Entered: 08/05/1992)

May 12, 1986
41

MEMORANDUM by plaintiff in support of motion for partial summary judgment and injunctive relief against County defts [34−1] (wy) (Entered: 08/05/1992)

May 12, 1986
42

MOTION by plaintiff to certify class action and to approve class settlements ( no pgs: ) (wy) (Entered: 08/05/1992)

Aug. 20, 1986
43

ORDER by Judge S. A. Spiegel granting motion to certify class action and approving class settlements [42−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

Aug. 29, 1986
44

CIVIL MINUTES: Proceeding before Judge S. A. Spiegel on motion to approve settlement − Statements of counsel − Proposed Settlements are approved − Consent decrees will be entered − Parties to attempt to work out question of atty fees. Ct Rptr: Mary Ann Ranz (wy) (Entered: 08/05/1992)

Oct. 2, 1986
45

ORDER by Judge S. A. Spiegel that proposed settlements/consent decrees are fair, adequate and reasonable; and are approved, terminating case (cc: all counsel) (wy) (Entered: 08/05/1992)

Oct. 9, 1986
47

AGREED ORDER by Judge S. A. Spiegel that pltfs shall have until 1/5/87 to file application for costs and attys' fees. (cc: all counsel) (wy) (Entered: 08/05/1992)

Nov. 28, 1986
48

NOTICE by defendants State of Ohio of substitution of counsel. ( no pgs: 1) (wy) (Entered: 08/05/1992)

Jan. 30, 1987
49

MOTION by defendant, State of Ohio for admission of attorney pro hac vice ( no pgs: 5) (wy) (Entered: 08/05/1992)

Jan. 30, 1987

NOTATION ORDER by Judge S. A. Spiegel granting motion for admission of attorney pro hac vice [49−1] (cc: all (wy) (Entered: 08/05/1992)

Feb. 6, 1987
50

MOTION by plaintiff for order to show cause and other relief ( no pgs: 8) (wy) (Entered: 08/05/1992)

Feb. 2, 1990
51

STIPULATION for ext of time until 3/18/90 re motion for order to show cause and other relief [50−1] ( no pgs: 1) (wy) (Entered: 08/05/1992)

Feb. 23, 1990

NOTATION ORDER by Judge S. A. Spiegel granting motion for order to show cause and other relief [50−1] (cc: all counsel) (wy) (Entered: 08/05/1992)

March 5, 1990
52

MEMORANDUM in opposition to [50−1] ; filed by deft HAIRSTON. ( no pgs: 20 +) (wy) (Entered: 08/05/1992)

March 19, 1990

MEMORANDUM by plaintiff in support of motion for order to show cause and other relief [50−1] ( no pgs: 9) (wy) (Entered: 08/05/1992)

March 28, 1990
54

NOTICE of taking deposition of deft Hairston on 5/29/90 ( no pgs: 2) (wy) (Entered: 08/05/1992)

March 28, 1990
53

REPLY by plaintiff in support of mot. for order to show cause. ( no pgs: 9) (wy) (Entered: 08/07/1992)

March 28, 1990
55

NOTICE by defendant of taking deposition of Frank J. Wasserman on 5/29/90 ( no pgs: 2) (wy) (Entered: 08/05/1992)

April 11, 1990
56

MEMORANDUM by defendant in opposition to pltfs' mot. for judgment on the pleadings. ( no pgs: 4) (wy) (Entered: 08/05/1992)

April 12, 1990
57

REPLY by plaintiff in support of mot. for judgment on the pleadings. ( no pgs: 4) (wy) (Entered: 08/05/1992)

April 17, 1990

Deposition of SUSAN SCHIFF. (wy) (Entered: 08/05/1992)

April 20, 1990
58

MOTION by plaintiff for order compelling discovery ( no pgs: 4) (wy) (Entered: 08/05/1992)

April 20, 1990
59

RETURN OF SERVICE of supa served on Frank Wasserman. ( no pgs: 1) (wy) (Entered: 08/05/1992)

April 24, 1990
60

MOTION by plaintiff for protective order to quash supa deposition of pltf ( no pgs: 10) (wy) (Entered: 08/05/1992)

April 27, 1990
61

NOTICE : Case set for Hearing at 11:00 am on June 1, 1990. ( no pgs: 1) (wy) (Entered: 08/05/1992)

May 7, 1990
62

MOTION by plaintiff for protective order ( no pgs: 5) (wy) (Entered: 08/05/1992)

May 11, 1990
63

NOTICE that case has been set by Magistrate Sherman for hearing on discovery motions on 5/29/90 at 10:00 a.m. ( no pgs: 1) (wy) (Entered: 08/05/1992)

May 18, 1990
64

RESPONSE by defendant to motion for protective order [62−1] ( no pgs: 7) (wy) (Entered: 08/05/1992)

May 18, 1990
65

Submission of a corrective action plan by deft Hairston. (wy) (Entered: 08/05/1992)

May 18, 1990

Deposition of Annette Justice. (wy) (Entered: 08/05/1992)

May 22, 1990

Deposition of Jean Schafer (wy) (Entered: 08/05/1992)

May 29, 1990
67

CIVIL MINUTES: Proceeding before Mag. Judge Jack Sherman for hearing on pltf's mots. to compel &for protective order; and, on defts mot. for protective order. Pltf's mots. were granted; defts mot. was denied. Entry to come. Ct.Rptr: Julie Patrick. ( no pgs: 1) (wy) (Entered: 08/05/1992)

June 1, 1990
68

ORDER by Judge S. A. Spiegel that status conference is cont'd until 9/4/90 at 4:00 p.m.. (cc: all counsel) ( no pgs: 1) (wy) (Entered: 08/05/1992)

June 4, 1990
69

TRANSCRIPT filed of proceedings held before J. Sherman on 6/1/90. (wy) (Entered: 08/05/1992)

June 7, 1990
70

TRANSCRIPT of proceedings before J. Sherman on 5/29/90; filed (wy) (Entered: 08/05/1992)

June 25, 1990
71

ORDER by Mag. Judge Jack Sherman granting motion for protective order [62−1], denying motion for protective order to quash supa deposition of pltf [60−1], granting motion for order compelling discovery [58−1] (cc: all counsel) ( no pgs: 2) (wy) (Entered: 08/05/1992)

June 25, 1990
72

ORDER by Mag. Judge Jack Sherman that pltf's mot. to compel is GRANTED. Defts' mot. for protective order is DENIED. (cc: all counsel) ( no pgs: 2) (wy) (Entered: 08/07/1992)

Aug. 2, 1990
73

Objections to Magistrate's Order [72−1] by defendant HAIRSTON. (wy) (Entered: 08/07/1992)

Aug. 13, 1990
74

STATEMENT OF COMPLIANCE PLAN UPDATE submitted by defendant, HAIRSTON ( no pgs: 6 + exhibits.) (wy) Modified on 08/07/1992 (Entered: 08/07/1992)

Aug. 15, 1990
75

MOTION by defendant HAIRSTON to amend submission of compliance up date ( no pgs: 4) (wy) (Entered: 08/07/1992)

Aug. 16, 1990

NOTATION ORDER by Judge S. A. Spiegel granting motion to amend [75−1] (cc: all counsel) (wy) (Entered: 08/07/1992)

Aug. 18, 1990
76

RESPONSE by plaintiff to objections to Report and Recommendation ( no pgs: 4) (wy) (Entered: 08/07/1992)

Aug. 24, 1990
77

SUBMISSION of Amended Compliance Plan Update by defendant HAIRSTON re motion to amend submission of compliance up date [75−1] ( no pgs: 4) (wy) Modified on 05/24/1994 (Entered: 08/07/1992)

Oct. 18, 1990
78

ORDER by Judge S. A. Spiegel AFFIRMING MAGISTRATE's order [72−1] (cc: all counsel) ( no pgs: 10) (wy) (Entered: 08/07/1992)

Oct. 19, 1990
79

MOTION by defendant HAIRSTON for protective order ( no pgs: 7) (wy) (Entered: 08/07/1992)

Oct. 24, 1990
80

ORDER by Judge S. A. Spiegel − defts to submit FINAL COMPREHENSIVE COMPLIANCE PLAN by 12/31/90. (cc: all counsel) ( no pgs: 3) (wy) (Entered: 08/07/1992)

Oct. 26, 1990
81

MOTION by plaintiff to compel discovery ( no pgs: 5) (wy) (Entered: 08/07/1992)

Oct. 30, 1990
82

RESPONSE by defendant to motion to compel discovery [81−1] ( no pgs: 5) (wy) (Entered: 08/07/1992)

Nov. 14, 1990
83

MOTION by defendant Pamela Hyde to continue ( no pgs: 3) (wy) (Entered: 08/07/1992)

Dec. 20, 1990
84

STATUS REPORT OF UPDATE TO CORRECTIVE ACTION PLAN by defendant Pamela Hyde ( no pgs: 9) (wy) (Entered: 08/07/1992)

Dec. 28, 1990
85

NOTICE that cae set for hearing on discovery matters on 2/14/91 at 10:00 a.m. ( no pgs: 1) (wy) (Entered: 08/07/1992)

Jan. 18, 1991
87

Stipulation and ORDER: withdrawing motion to continue [83−1], withdrawing motion compel discovery [81−1], withdrawing motion for protective order [79−1], withdrawing appeal motion Objections to Magistrate's Order [72−1] [73−1] (cc: all counsel) ( no 5) (wy) (Entered: 08/07/1992)

Feb. 14, 1991
88

NOTICE of status conference at 3:00 pm on 4/25/91. cmtc ( no pgs: 1) (wy) (Entered: 08/07/1992)

April 9, 1991
89

MOTION by defendant WALLACE to continue status conference ( no pgs: 2) (wy) (Entered: 08/07/1992)

April 23, 1991

NOTATION ORDER by Judge S. A. Spiegel granting motion to continue status conference [89−1] to 5/15/91 at 3:00 p.m. (cc: all counsel) (wy) (Entered: 08/07/1992)

April 23, 1991
90

STATUS REPORT of SECOND COMPLIANCE UPDATE by defendants. ( no pgs: 4) (wy) (Entered: 08/07/1992)

April 30, 1991
91

NOTICE of status conference set for 5/16/91 at 3:00 p.m. ( no pgs: 1) (wy) (Entered: 08/07/1992)

May 1, 1991
92

ORDER by Judge S. A. Spiegel appointing Wayne Holder to serve to inform expert of duties &means of compensation. (cc: all counsel) ( no pgs: 3) (wy) (Entered: 08/07/1992)

June 3, 1991

State / Territory: Ohio

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 20, 1983

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children in foster care who did not receive proper pre-removal and reunification services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio, State

Hamilton County (Hamilton), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Confession of Judgment

Court Approved Settlement or Consent Decree

Content of Injunction:

Hire

Implement complaint/dispute resolution process

Monitoring

Other requirements regarding hiring, promotion, retention

Issues

General:

Adoption

Failure to supervise

Failure to train

Family reunification

Foster care (benefits, training)

Juveniles

Parents (visitation, involvement)

Relative caretakers

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Visiting

Youth / Adult separation

Benefit Source:

Adoption Assistance and Child Welfare Act