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Case: Katie A. v. Bonta

2:02-cv-05662 | U.S. District Court for the Central District of California

Filed Date: July 18, 2002

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed in the Central District of California on July 18, 2002, by the class of children and young adults who (a) are in the custody of Los Angeles County Department of Children and Family Services; (b) have a behavioral, emotional, or psychiatric impairment; and (c) need individualized mental health services. The suit is against County and State agencies for neglecting their responsibilities to provide mental health care services to foster children in California. Plaintiffs so…

This lawsuit was filed in the Central District of California on July 18, 2002, by the class of children and young adults who (a) are in the custody of Los Angeles County Department of Children and Family Services; (b) have a behavioral, emotional, or psychiatric impairment; and (c) need individualized mental health services. The suit is against County and State agencies for neglecting their responsibilities to provide mental health care services to foster children in California. Plaintiffs sought declaratory and injunctive relief from the State and Los Angeles County under provisions of the Medicaid Act, Early and Periodic Screening, Diagnostic and Treatment (EPSDT), 42 U.S.C. § 1396; the Substantive Due Process clause of the 14th Amendment to the U.S. Constitution; Article I, section 7(a) of the California Constitution; the Americans with Disabilities Act, 42 U.S.C. § 12132; Section 504 of the Rehabilitation Act, 29 U.S.C. § 701; and California Government Code § 11135. Plaintiffs are represented by the ACLU of Southern California, Center for Public Interest, Western Center for Law and Poverty, Protection & Advocacy, Inc., Youth Law Center, and Bazelon Center for Mental Health Law.

In March 2003, Plaintiffs and L.A. County began settlement negotiations. On June 19, 2003, United States District Judge A. Howard Matz certified class status, and on July 16, 2003, the Court approved a jointly submitted settlement agreement as fair, reasonable, and adequate. The settlement agreement has four objectives: (1) to facilitate a provision of services delivered in a coordinated, comprehensive, community-based fashion; (2) to support the development and delivery of a service structure and fiscal system that supports core practices and services model; (3) to support an effective and sustainable solution that will involve standards and methods to achieve quality-based oversight; and (4) to address the need for certain class members with more intensive needs to receive medically necessary mental health services in their own home, a family settings, or the most homelike setting appropriate to their needs, in order to facilitate reunification, and to meet their needs for safety, permanence, and well-being.

Pursuant to the Agreement, the parties to the settlement appointed a six-member expert advisory panel to determine whether the County met the objectives set forth and implemented the plans. The Panel was required to make regular written reports to the parties and Court of its findings and recommendations. In August 2005, the Panel issued a two-year report finding that the County had not complied with the terms of the Agreement.

Because the state agencies did not participate in the settlement, plaintiffs moved for a preliminary injunction against them on September 15, 2005. Judge Matz granted the motion on March 14, 2006, ordering the State to provide "wraparound services" and "therapeutic foster care," to thousands of Medi-Cal eligible children who are in foster care or at risk of foster care placement. There are approximately 85,000 children in foster care in California and an even greater number of children served by the child welfare system in their own homes. The court's order extends to both groups of children.

(In the meantime, on February 16, 2006, Plaintiffs filed a Motion to Compel Compliance with the Settlement Agreement against LA County. In November 2006, Judge Matz ordered the County to address deficiencies in its implementation plan.)

The State of California appealed to the U.S. Court of Appeals for the Ninth Circuit. On March 23, 2007, the Ninth Circuit vacated the March 14th, 2006, preliminary injunction, holding that Judge Matz had erroneously interpreted the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) provisions of the Medicaid Act by not "explor[ing] the possibility that the State might only have an obligation to fund the component services of wraparound and TFC, rather than to offer the coordinated complex of services in a single package." Katie A. v. Bonta, 481 F.3d 1150 (9th Cir. 2007).

After further discovery, Plaintiffs filed another Motion for Preliminary Injunction against the state defendants on January 11, 2008. In response, the Court ruled that wraparound services are Medi-Cal eligible and ordered the parties to address how to provide and bill for those services. A Special Master was appointed in March 2009 to facilitate a settlement between the parties.

The parties reached a settlement agreement in December 2011, which included the development of an Implementation Plan to be evaluated by the Special Master. The agreement included a payment of $3.75 million in attorneys' fees, including costs and expenses, to plaintiffs' counsel. The parties developed a two-phase Implementation Plan. On August 28, 2012, the Special Master informed the District Court that he found the Implementation Plan reasonably and sufficiently calculated to meet the objectives of the agreement, and the Court accepted his recommendations on September 13, 2012.

The Special Master and Advisory Panel continued to monitor and report on the completion of the Implementation Plan.

In light of the fact that the District Court's jurisdiction was scheduled to end in December 2014, the Special Master put forth a set of recommendations in his report on September 26, 2014 to sustain the growth in the development and delivery of the intensive services agreed to by the parties. The Special Master submitted a final report to the Court on November 20, 2014. The report identified areas of progress and growth, but also found that there remained significant unfinished deliverables from the settlement agreement and identified the key activities the State should begin or continue implementing.

A status conference was held on November 24, 2014. Judge John A. Kronstadt determined that there was no need for the court to extend its jurisdiction at that time. Subsequently, in August of 2015, Judge Kronstadt issued a minute order stating that while the parties should continue to file reports consistent with the implementation of the settlement, the matter was considered closed. As of October 19, 2017, the parties had stipulated, with approval from the court, that the Panel monitoring L.A. County's progress toward implementation of the settlement agreement should continue to operate through December 31, 2018.

On December 21, 2018, the Panel issued its report for 2017. The plaintiff then filed this report with the court on January 23, 2019. The 2017 report identified major continuing concerns regarding the County's slow progress in implementing the settlement and uncertainty that County strategies would succeed in implementing the Shared Core Practice Model, which the report identified as a key strategy for compliance. The Panel noted its hope that the County's work would have developed data indicators that reflected progress towards full implementation, but because the County has concluded its data systems will not support those tasks, other strategies would be needed to improve performance. Among other things, the report was particularly troubled by the County's decision to change from using an Immersion Process, in which the Shared Core Practice Model would be fully implanted in only a few offices every eighteen months, to instead deciding to use a countywide approach in an attempt to reform all 19 offices and 3 specialized units simultaneously. The Panel report expressed doubt that this approach would bring the County any closer to full implementation of the Shared Core Practice Model, and disapproved of the County's decision to make this change without first notifying the parties or Panel, both of which had treated the immersion approach as a part of the strategic plan.

According to Bloomberg, the case is now closed.

Summary Authors

Elizabeth Homan (10/4/2012)

Samantha Kirby (12/2/2014)

Lauren Latterell Powell (10/19/2017)

Chris Pollack (3/16/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4491616/parties/katie-a-v-diana-bonta/


Judge(s)

Fletcher, William A. (California)

Hillman, Stephen J. (California)

Kronstadt, John Arnold (California)

Matz, A. Howard (California)

Tashima, Atsushi Wallace (California)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Ackerson-Brazille, Karen (California)

Ancar, Katina (California)

Barkoff, Alison (District of Columbia)

Bird, Melinda R. (California)

Judge(s)

Fletcher, William A. (California)

Hillman, Stephen J. (California)

Kronstadt, John Arnold (California)

Matz, A. Howard (California)

Tashima, Atsushi Wallace (California)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Ackerson-Brazille, Karen (California)

Ancar, Katina (California)

Barkoff, Alison (District of Columbia)

Bird, Melinda R. (California)

Bowser, Katherine M (California)

Burnim, Ira Abraham (District of Columbia)

Bussiere, Alice (California)

Custis, Gerald M (California)

Diamond, Laura N (California)

Dozier, Antionette D (California)

Garcia, Robert (California)

Gardner, Patrick (California)

Giliberti, Mary (District of Columbia)

Glancy, Lionel Zevi (California)

Hall, Carlyle W III (California)

Holle, Marilyn (California)

Hollman, Lew (California)

Hornbeck, Kirk A Jr (California)

Kolek, Alissa Beth (California)

Kong, Lin Min (California)

Lewis, Kimberly (California)

Lustbader, Ira P. (New York)

McIntosh, Katrina (California)

Mudryk, Andrew M. (Arizona)

Newman, Robert D. Jr. (California)

Nichols, Brandon T (California)

O'Toole, John F. (California)

Peterson, Ronald C (California)

Pratt, Catherine J (California)

Quraishi, Fiza A (California)

Rosenbaum, Mark Dale (California)

Rothschild, Richard (California)

Shauffer, Carole B. (California)

Stortz, Michael James (California)

Welch, Leecia (California)

Wizner, Ben (California)

Zaragoza-Cruz, Gina L (California)

Attorneys(s) for Defendant

Black, Lauren M (California)

Felix, Cristina (California)

Fortner, Raymond G. Jr. (California)

Gardiner, Ada (California)

Goldsmith, Sandra L (California)

Harrison, Dawyn R (California)

Hinoj Quinonez, Laura Elizabeth (California)

Kim, Jennifer M. (California)

Kozikoujekian, Vicki (California)

Lockyer, Bill (California)

Lowry, Marcia Robinson (New York)

Martinez, Ernest (California)

Miller, Louis R. (California)

Owens, James M (California)

Pellman, Lloyd W. (California)

Pitchal, Erik S. (New York)

Procel, Brian (California)

Sanders, John H. (California)

Schecter, David W. (California)

Snuggs, Carmen (California)

Ugaz, Sara (California)

Waldow, Richard T. (California)

Wickham, Mary C. (California)

Other Attorney(s)

Growdon, Karen R. (California)

Maddigan, Michael M. (California)

Expert/Monitor/Master

England, Travis W (District of Columbia)

Monteleone, Robyn-Marie L (California)

Saletta, Richard (California)

Weidman, Leon W. (California)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

2:02-cv-05662

Docket [PACER]

March 18, 2019

March 18, 2019

Docket
33

2:02-cv-05662

First Amended Complaint for Declaratory and Injunctive Relief

Dec. 20, 2002

Dec. 20, 2002

Complaint
82

2:02-cv-05662

Order for Approval of Class Settlement, Provisional Certification of Settlement Class, Approval of Form and Manner of Notice to Class, and Scheduling of Fairness Hearing

May 20, 2003

May 20, 2003

Order/Opinion
92

2:02-cv-05662

Order re: Class Certification

June 19, 2003

June 19, 2003

Order/Opinion
128

2:02-cv-05662

Stipulated Order re Final Approval of Class Settlement

July 16, 2003

July 16, 2003

Order/Opinion
149

2:02-cv-05662

Stipulation Between Plaintiffs and County Defendants Regarding Definition of Class Members; Order

Feb. 23, 2004

Feb. 23, 2004

Order/Opinion
403

2:02-cv-05662

Opinion

March 14, 2006

March 14, 2006

Order/Opinion
454

2:02-cv-05662

Addendum to Order Granting Plaintiffs' Motion for Preliminary Injunction

May 12, 2006

May 12, 2006

Order/Opinion

06-55559

Order

Katie A. v. Los Angeles County

U. S. Court of Appeals for the Ninth Circuit

July 26, 2006

July 26, 2006

Order/Opinion

06-55559

Brief of Amici Curiae in Support of an Affirmance

Bonta v. Katie A.

U. S. Court of Appeals for the Ninth Circuit

Aug. 10, 2006

Aug. 10, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4491616/katie-a-v-diana-bonta/

Last updated Nov. 29, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issued referred to Discovery Stephen J. Hillman (jp) (Entered: 07/22/2002)

July 18, 2002

July 18, 2002

PACER
2

NOTICE OF INTERESTED PARTIES filed by plaintiffs Katie A, Mary B, Janet C, Henry D, Gary E (jp) (Entered: 07/22/2002)

July 18, 2002

July 18, 2002

PACER
3

NOTICE by plaintiff of related case(s) CV 98-4181 AHM (rn) (Entered: 07/24/2002)

July 18, 2002

July 18, 2002

PACER

NOTICE OF FILING FEE DUE On Pro Hac Vice Application mailed to attorneys Ira Burnim, Mary Gilberti for plaintiffs (jp)

July 22, 2002

July 22, 2002

PACER
4

OBJECTIONS filed by defendant Los Angeles County to related case notice [3-1] (lc) (Entered: 07/26/2002)

July 25, 2002

July 25, 2002

PACER
6

STIPULATION filed to extend time to answer complaint [1-1] to 9/7/02 as to Diana Bonta, Los Angeles County, LA Cty Children, Anita Bock (lc) (Entered: 08/02/2002)

Aug. 1, 2002

Aug. 1, 2002

PACER
5

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 98-4181 AHM (AIJx)] Case transferred from Judge Ronald Lew to Judge A. H. Matz for all further proceedings. The case number will now reflect the initials of the transferee Judge [ CV 02-5662 AHM (SHx)] (cc: all counsel) (rn) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

PACER
7

INITIAL ORDER following filing of cmp (See doc for fur details) by Judge A. H. Matz (ir) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

PACER
8

PROOF OF SERVICE executed upon defendant Rita Saenz Director of Calif Dept of Social Services; Service by FRCP on 7/22/02 via personal svc by serving S/C to Larry Bolton, Chief Counsel, authorized to receive svc of process (twdb) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
9

PROOF OF SERVICE executed upon defendant Diana Bonta, Director of Calif Dept of Health Svcs; Service by FRCP on 7/22/02 via personal svc by serving S/C to John P. Krause, staff atty authorized to receive svc of process (twdb) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
10

PROOF OF SERVICE executed upon defendant LA Cty Dept Children & Family Svcs; Service by FRCP on 7/19/02 via personal by serving S/C to Anita Bock, Director, authorized to receive svc of process. (twdb) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
11

PROOF OF SERVICE executed upon defendant Anita Bock Director of the Los Angeles Cnty Dept of Children; Service by FRCP on 7/19/02 via personal svc by serving S/C to Anita Bock (twdb) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
12

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by FRCP on 7/19/02 via personal svc by serving S/C to Roy Sinclair, Deputy City Clerk authorized to receive svc. (twdb) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER

SUMMONS issued as to defendant Diana Bonta, defendant Los Angeles County, defendant LA Cty Dept Children, defendant Anita Bock, defendant Rita Saenz (twdb)

Aug. 7, 2002

Aug. 7, 2002

PACER
13

COUNTER-STATEMENT by defendants Diana Bonta, Rita Saenz in opp plfs ntc of related casese [4-1] (rrey) (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

PACER
14

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] through & incl 9/11/02 as to defendants Diana Bonta, & Rita Saenz (ir) (Entered: 08/14/2002)

Aug. 13, 2002

Aug. 13, 2002

PACER
15

CORRECTED STIPULATION filed to extend time to answer complaint [1-1] through & incl 9/11/02 as to defendants Diana Bonta, Director of the CA Dept of Health Services & Rita Saenz, Director of the CA Dept of Social Services (ir) (Entered: 08/14/2002)

Aug. 13, 2002

Aug. 13, 2002

PACER
18

NOTICE of initial order entered following filing of complaint assigned to Judge Matz by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E (ca) (Entered: 08/15/2002)

Aug. 13, 2002

Aug. 13, 2002

PACER
16

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiffs by Mary Giliberti of Bazelon Center for Mental Health Law. Designating Mark Rosenbaum of American Civil Liberties Union of Southern California as local counsel. Approved by Judge A. H. Matz. (Fee pd) (ir) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

PACER
17

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiffs by Ira A Burnim of Bazelon Center for Mental Health Law. Designating Mark Rosenbaum of American Civil Liberties Union of Southern California as local counsel. Approved by Judge A. H. Matz. (Fee pd) (ir) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

PACER

RESPONSE by Pro Hac Vice Attorneys Ira Burnim Gary E, Mary Giliberti for plaintiff Gary E re pro hac vice application [17-1] [16-1]; PHV fee: paid (nhac)

Aug. 14, 2002

Aug. 14, 2002

PACER
19

NOTICE OF CHANGE Of Address filed by atty Alice Bussiere for plaintiff Katie A, Carol Shauffer for plaintiff Katie A. 3250 Ocean Park Blvd, Ste 300, Santa Monica, CA (twdb) (Entered: 08/22/2002)

Aug. 20, 2002

Aug. 20, 2002

PACER
20

CORRECTED PROOF OF SERVICE by plaintiff on 8/13/02 of ntc of intial ord entered following filing of cmp assigned to Judge Matz (rrey) (Entered: 08/30/2002)

Aug. 27, 2002

Aug. 27, 2002

PACER
21

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & incl 10/11/02 as to State Dfts & Cnty Dfts to file & serve their Ans or other responsive pldg to Plfs' cmp ; Plfs shall have up to & incl 11/18/02 to file & serve their mot for Class certification (ir) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

PACER
22

NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz ordering Ptys' Joint Req for Status Conf submitted by plaintiffs received on 10/2/02 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (ir) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
23

PARTIES JOINT REQUEST filed for Status Conf (ir) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
24

MINUTES: (IN CHAMBERS) Purs to ptys' req [23-1]; Crt hereby sets a Status conf for 11:00 10/10/02 by Judge A. H. Matz CR: Not Reported (ir) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
25

MINUTES: Status conference held ; Cnsl updates Crt as to the status of sttlmnt negotiations & status of the action; Dfts req that the time to respond to cmp be ext for an addt 30 days from 10/11/02; Crt ord ptys to submit a stip & ord ext the response date to 12/9/02; Crt sets another status conf for 3:00 11/26/02 & ord ptys to file a joint status rpt NLT 11/21/02 w/a conformed courtesy copy delivered to chambers via Crt's courtesy box NLT noon by Judge A. H. Matz CR: Lynne Smith (ir) (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
26

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & incl 12/9/02 as to defendants Los Angeles County, Los Angeles County Department of Children and Family Services, Anita Bock, Diana Bonta, Rita Saenz IT IS FUR ORD that Plfs shall have up to & incl 1/20/03 to file & serve their mot for class certification (ir) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
27

JOINT STATUS CONFERENCE STATEMENT by plaintiffs (ir) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

PACER
28

STIPULATION filed re available dats for Status Conference (ir) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

PACER
29

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & including 12/31/02 as to defendants Diana Bonta, Director of California Department of Health Services & Rita Saenz, Director of the California Department of Social Services ; Court reschedules the 11/26/02 Status Conference for 3:00 12/10/02 (ir) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

PACER
30

MINUTES: Status conference held ; Counsel updates Court as to the status of the action; Court questions counsel regarding the creation of an advisory panel & whether or not a special master would also be appropriate to manage this action; Counsel for Plf informs the Court that it plans to file a 1st Amended Complaint by 12/25/02; Court orders that the state Dfts will have 60 days & the county Dfts 90 days to respond to the 1st Amended Complaint; Court grants Plfs 120 days from the date they file their 1st Amended complaint to file their motion for class certification; Court sets another status conference for 3:00 3/20/03 & orders parties to file a joint status report no later than 3/10/03 by Judge A. H. Matz CR: Lynne Smith (ir) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
31

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & including 12/31/02 as to defendants Los Angeles County, Los Angeles County Department of Children & Family Services & Marjorie Kelly, Interim Director of the Los Angeles County Department of Children & Family Services & successor-in-interest to Anita Block (ir) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
32

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/10/02 (Re: ) CR: Lynne Smith (weap) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER

TRANSCRIPT filed for proceedings held on 10/10/02 (weap)

Dec. 13, 2002

Dec. 13, 2002

PACER
33

FIRST AMENDED COMPLAINT [1-1] by plaintiffs Katie A, Mary B, Janet C, Henry D, Gary E; terminating defendant Anita Bock; adding Marjorie Kelly. Summons not issued (ir) (Entered: 12/23/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER

SUMMONS issued on first amended complaint (lc)

Dec. 20, 2002

Dec. 20, 2002

PACER
34

RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE executed upon defendant Los Angeles County Department of Children & Family Services; Service by Federal Statute on 12/23/02 via personal service by serving Summons on 1st Amended complaint & 1st Amended Complaint to Michelle R Victor, MA, LMFT, authorized to receive service of process (ir) (Entered: 01/10/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
35

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 12/10/02 (Re:) CR: Lynne Smith (weap) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER

TRANSCRIPT filed for proceedings held on 12/10/02 (weap)

Jan. 27, 2003

Jan. 27, 2003

PACER
37

ANSWER filed by defendants Diana Bonta, Director of California Department of Health Services, Rita Saenz, Director of the California Department of Social Services to 1st amended complaint [33-1] (ir) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
38

NOTICE OF INTERESTED PARTIES filed by defendants Diana Bonta, Director of California Department of Health Services & Rita Saenz, Director of the California Department of Social Services (ir) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
36

ORDER setting Rule 26(f) Scheduling Conference by Judge A. H. Matz Scheduling conf set for 1:30 4/14/03 ; Parties are reminded of their obligations to disclose information to confer on a discovery plan not later than 21 days prior to the scheduling conference & to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer; Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further details) (ir) (Entered: 02/20/2003)

Feb. 19, 2003

Feb. 19, 2003

PACER
39

JOINT STATUS CONFERENCE STATEMENT (jp) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

PACER
40

JOINT STATEMENT of Plfs' counsel & County Dfts on progress of Named Plfs by defendant Los Angeles County (ir) (Entered: 03/14/2003)

March 13, 2003

March 13, 2003

PACER
41

MINUTES: Status conference held; Court & counsel confer regarding the status of the proposed settlement; Counsel advises the Court that the settlement will be finalized within a week; An unsigned copy of the proposed settlement agreement is lodged with the Court; Counsel also advises the Court of a vacancy on the 6-memeber advisory panel; Court orders Ms Goldsmith to set forth her clients' views concerning the proposed settlement & provide them to the parties no later than 3/31/03; Plfs shall file their class certification motion no later than 4/28/03 to be heard six weeks after the motion is filed; The State shall have two weeks after service of the motion to oppose; Plfs' reply must be submitted not later than four weeks after service of the class certification motion; Court vacates the 4/14/03 scheduling conference & provisionally set a new scheduling conference for 1:30 5/12/03 ; Court also grants the County Dfts a 60-day extension to respond to the 1st Amended complaint; Court reporter shall provide the Court with a copy of the transcript of this hearing by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 03/25/2003)

March 20, 2003

March 20, 2003

PACER
42

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/20/03 (Re: ) CR: Sheri S. Ogata (pjap) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

PACER
43

APPLICATION filed of Youth Law Center to w/draw as counsel ; Declaration in support of application; Lodged Order (ir) (Entered: 04/09/2003)

April 7, 2003

April 7, 2003

PACER

TRANSCRIPT filed for proceedings held on 3/20/03 (pjap)

April 7, 2003

April 7, 2003

PACER
44

ORDER by Judge A. H. Matz granting application to w/draw as counsel [43-1] withdrawing attorneys Alice Bussiere & Carol Shauffer for Katie A (ir) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

PACER
45

MINUTES (IN CHAMBERS): The parties are Ordered to discuss in the next status conference, what, (if any) implications the report published by the US Department of Justice concerning juvenile halls maintained in Los Angeles County may have in this case; Articles about that report appear in the Los Angeles Daily Journal on 4/17/03 and 4/18/03 by Judge A. H. Matz; CR: Not reported (nhac) (Entered: 04/21/2003)

April 18, 2003

April 18, 2003

PACER
46

NOTICE LODGING FULLY EXECUTED Settlement Between Plaintiffs and County Defendants filed by defendant Los Angeles County (nhac) (Entered: 04/21/2003)

April 18, 2003

April 18, 2003

PACER
48

MEMORANDUM IN SUPPORT of appicatioin to file documents under seal; declaration of Katrina McIntosh by plaintiffs (lc) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
49

ORDER by Judge A. H. Matz upon plaintiff's application: that for each of the five named plaintiffs the documetns listed in the application be filed under seal (lc) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER
50

NOTICE OF MOTION AND MOTION by plaintiffs for class certification ; motion hearing set for 10:00 6/9/03 (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
51

MEMORANDUM POINTS OF Authorities by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
52

DECLARATION of Ronald C Peterson by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
53

DECLARATION of Mark D Rosenbaum by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
54

DECLARATION of Robert D Newman by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
57

DECLARATION of Ira A Birnum by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
62

DECLARATION of Laura Diamond by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
63

STIPULATION and ORDER by Magistrate Judge Stephen J. Hillman re protective order to seal records and protect the confidentiality of information relating to plaintiffs and putative class members (see documents for further details) (nhac) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

PACER
64

APPLICATION filed by plaintiffs to seal documents and for a protective order to seal records ; Lodged Proposed Order (filed under seal) (mch) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
65

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of application to seal documents and for a protective order to seal records [64-1] (mch) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
66

ORDER TO SEAL CERTAIN RECORDS by Judge A. H. Matz granting application to seal documents and for a protective order to seal records [64-1]. It is hereby ordered that certain declarations filed in support of plaintiffs' motion for class certification which are listed as items 1 through 6 in Application to Seal Documnets and for a Protective Order to Seal Records be filed under seal (see document for further details). (mch) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

PACER
72

JOINT RULE 26(f) REPORT filed; est length of trial 20-70 days (ir) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

PACER
73

NOTICE OF ERRATA by defendants Diana Bonta, Rita Saenz in State Dfts' portion of Joint Rule 26(f) Report [72-1] (ir) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

PACER
74

JOINT APPLICATION filed by plaintiffs for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness hearing ; Lodged 2 Proposed Orders (ir) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER
75

JOINT MEMORANDUM of Points and Authorities by plaintiffs in support of application for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness [74-1] (ir) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER
76

OPPOSITION by State defendants to motion for class certification [50-1] (ir) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

PACER
77

DECLARATION of Sandra L Goldsmith by defendants Diana Bonta, Rita Saenz in support of opposition to motion for class certification [50-1] (ir) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

PACER
78

MINUTES: mandatory status/scheduling conference held ; State defendant informs court it may seek to add other California counties if court grants plaintiff's upcoming motion for class certification; court orders dates as indicated on scheduling/case management order filed this date and orders counsel to discuss settlement selction; further scheduling conference will be set at a later date; discussion of proposed fairness hearing and class certification hearing held; after review of revised proposed notice, Court will set a date for fairness hearing; Court rules notice to be mailed shall be in both Spanish and English; plaintiffs shall establish a mechanism for creating a record of comments received via the 1-800 number by Judge A. H. Matz CR: Hope Goldsmith (lc) Modified on 05/14/2003 (Entered: 05/14/2003)

May 12, 2003

May 12, 2003

PACER
79

SCHEDULING AND CASE MANAGMENT ORDER by Judge A. H. Matz non expert discovery ddl set on 5/31/04 (lc) (Entered: 05/14/2003)

May 12, 2003

May 12, 2003

PACER
80

SELECTED AUTHORITIES by State defendants in support of their opposition to Plfs' motion for class certification [50-1] (ir) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

PACER
81

NOTICE of lodging of (1) Revised Notice of Proposed Settlement Agreement and (2) Toll-Free Phone Line Text by defendant Los Angeles County (ir) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

PACER
82

ORDER by Judge A. H. Matz: Granting application for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness hearing [74-1]. The Court gives its preliminary approval to the proposed settlement of this lawsuit between plaintiffs & County defendants and the related stipulated order. A Fairness Hearing shall be held on 7/16/03 at 3:00 to hear objections of class members, if any are made, to the approval of the settlement & entry of the stipulated order. (See document for further details). As to the "Revised Notice of Proposed Settlement Agreement & Settlment Hearing," which was filed on 5/16/03, the Court Orders that in the paragraph captioned "Description of the Class" the word "provisionally" be substituted for "preliminary" on the first line and the words "after the Fairness Hearing" be added after "If the Settlement is approved" on the third line. In addition, for option #3 on Exhibit Two, concerning the Toll-Free Phone Line, the recorded message should specify the address of the courthouse referred to on page four. (mg) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

PACER
83

SUBSTITUTION OF PARTIES and Order by Judge A. H. Matz; County defendants, through their respective attorneys of record, inform the Court as follows: 1)Marjorie Kelly is no longer the Interim Director of the Los County Department of Children and Family Services ; 2)David Sanders is the current Director of the Los Angeles County Department of Children and Family Services and is therefor substituted as a party to this action in place of Marjorie Kelly; 3)David Sanders has actual notice of the suit and submits to the jurisdiction of this Court. (nhac) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

PACER
84

STIPULATION and ORDER by Judge A. H. Matz that the County Defendants shall have up to and including 7/25/03, to file and serve their answer or other responsive pleading to plaintiffs' complaint [1-1] for declaratory and injunctive relief (nhac) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

PACER
85

Supplemental declaration by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E of Robert D Newman in support of plaintiffs' motion for class certification [50-1] (yc) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

PACER
86

REPLY by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E in support of of motion for class certification [50-1] (yc) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

PACER
87

Supplemental declaration by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E of Robert D Newman in support of motion for class certification [50-1] (yc) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

PACER
88

NOTICE OF CHANGE OF ATTORNEY INFORMATION: terminating attorneys Richard Waldow and Cristina Felix-Carrasco for Rita Saenz, Diana Bonta by defendants Diana Bonta, Rita Saenz and substituting attorney Sandra L Goldsmith (ir) (Entered: 06/02/2003)

May 30, 2003

May 30, 2003

PACER
89

MINUTES: Plaintiff's motion for class certification [50-1] (Filed 4/28/03); Cause called; appearances made; Court advises counsel that it requires additional time to consider the above motion and continues the hearing until 4:00 pm this afternoon; In preparation for this afternoon's hearing, Court informs counsel that it is inclines to grant the above motion but with modifications to the class definition; Counsel return to Court for further hearing; Court issues its oral tentative ruling granting the above motion and hears oral argument; Court GRANTS the above motion with slight modifications; Order to issue by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

PACER
90

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/12/03 (Re: ) CR: Hope Goldsmith (pjap) (Entered: 06/13/2003)

June 12, 2003

June 12, 2003

PACER

TRANSCRIPT filed for proceedings held on 5/12/03 (pjap)

June 12, 2003

June 12, 2003

PACER
91

STATE Defendants' Authorities regarding Class Definition (ir) (Entered: 06/16/2003)

June 13, 2003

June 13, 2003

PACER
92

ORDER by Judge A. H. Matz Plaintiffs' motion for class certification [50-1] is GRANTED; The following class is certified: "Children in California who (a) are in foster care or are at imminent risk of foster care placement and (b) have a mental illness or condition that has been documented or had an assessment already been conducted, would have been documented and (c) who need individualized mental health services, including but not limited to professionally acceptable assessments, behavioral support and case management services, family support, crisis support, therapeutic foster car and other necessary services in the home or in a home-like setting to treat or ameliorate their illness or condition; For the purpose of this case, 'imminent risk of foster care placement' means that within the last 180 days a child has been participating in voluntary family maintenance services or voluntary family reunification placements and/or has been the subject of either a telephone call to the Child Protective Services hotline or some other documented communication made to a local Child Protective Services agency regarding suspicions of abuse, neglect or abandonment; However Plaintiff Gary E may not serve as a class representative because his recent relocation to Idaho prevents him from satisfying the Rule 23(a)(3) typicality requirement (ir) (Entered: 06/19/2003)

June 18, 2003

June 18, 2003

RECAP
93

NOTICE of Unavailability of State Defendants' counsel by defendants Diana Bonta, Rita Saenz (ir) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

PACER
94

OPPOSITION by defendants Diana Bonta, Rita Saenz to Plaintiffs' motion for approval of the Settlement agreement between Plaintiffs and Los Angeles County Defendants [74-1] (ir) (Entered: 07/03/2003)

July 2, 2003

July 2, 2003

PACER
95

DECLARATION of Lois Van Beers by defendants Diana Bonta, Rita Saenz in support of State Defendants' opposition to Plaintiffs' mtion for approval of the settlement agreement between Plaintiffs and Los Angeles County Defendants [74-1] (ir) (Entered: 07/03/2003)

July 2, 2003

July 2, 2003

PACER
96

MOTION by defendants Diana Bonta, Rita Saenz for reconsideration of Court's Order regarding Class Certification ; motion hearing set for 10:00 7/28/03; memorandum of Points and Authorities (ir) (Entered: 07/07/2003)

July 3, 2003

July 3, 2003

PACER
97

NOTICE OF ERRATA by defendants Diana Bonta, Rita Saenz correcting their opposition to Plaintiffs' motion for approval of the Settlement Agreement between Plaintiffs and Los Angeles County Defendants [94-1] (ir) (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

PACER
98

BRIEF by defendant County of Los Angeles in support of Joint application for approval of Class Settlement [74-1]; Declarations in support thereof; Lodged Order (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
99

OBJECTION filed by objector Children's Rights Inc to Proposed Class Action Settlement Agreement [74-1] and memorandum of Points and Authorities in support thereof (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
100

DECLARATION of Marcia Robinson Lowry, Esq by objector Children's Rights in support of objection to Proposed Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
101

DECLARATION of Lionel Z Glancy by objector Children's Rights in support of Objection to Proposed Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
102

REQUEST filed by Objectors for opportunity to be heard (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
103

REQUEST for Judicial Notice in support of objection to Court Approval of Proposed Class Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
104

NOTICE of Availability of members of Advisory Panel by defendant County of Los Angeles (ir) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER

Case Details

State / Territory: California

Case Type(s):

Child Welfare

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2002

Closing Date: 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of children and young adults who (a) are in the custody of Los Angeles County Dept of Children and Family Services; (b) have a behavioral, emotional, or psychiatric impairment; and (c) need individualized mental health services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Bazelon Center

Children's Rights, Inc.

National Center for Youth Law

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Los Angeles County (Los Angeles, Los Angeles), County

Los Angeles City (Los Angeles, Los Angeles), City

California Department of Health Services, State

California Department of Social Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

State law

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3.75 million in attorneys

Order Duration: 2003 - 2019

Content of Injunction:

Preliminary relief granted

Monitor/Master

Recordkeeping

Issues

General:

Access to public accommodations - governmental

Adoption

Deinstitutionalization/decarceration

Foster care (benefits, training)

Government services

Juveniles

Placement in mental health facilities

Public assistance grants

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

Record-keeping

Rehabilitation

Restraints : physical

Special education

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race:

Race, unspecified

Affected Gender:

Female

Male

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid