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 soug…

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.

On August 26, 2019, the defendants filed a motion to vacate the 2003 consent decree pursuant to Federal Rule of Civil Procedure 60(b)(5). They contended that, over the 16 years since the decree’s entry, they invested billions of dollars in services for the plaintiff class, significantly expanded their workforce by hiring thousands of social workers, mental health professionals, and support staff, and launched a range of new community service programs. As a result, the defendants argued that any constitutional or statutory violations identified at the time of the decree have been fully addressed and remedied.

On September 23, 2020, the parties jointly filed a stipulation of settlement seeking to vacate the 2003 consent decree. The filing outlined several specific commitments, including pre-replacement of personnel to prevent placement disruptions, training on experts in intellectual and/or developmental disabilities, and commitment measures to ensure that class members are able to access therapeutic foster care services. The agreement also incorporated provisions for ongoing data reporting and monitoring of these initiatives. 

The court approved the joint stipulation on October 8, 2020; it required the parties to file a motion for preliminary approval of the settlement agreement in the next few months. The parties filed the requested motion on December 4, 2020. The court held a hearing on the motion for preliminary approval of the class action settlement on June 7, 2021, and it approved the motion on June 9. The Advisory Panel, in a July 18th response motion, outlined its opposition to the settlement. 

In a July 21 order, the court explained its approval of the settlement, noting that, among other factors, the relief provided to the settlement class was adequate, that the settlement was negotiated at arm’s length, and that the class representatives and counsel adequately represented the class. In the same order, the court deemed the August 26, 2019 Rule 60(b)(5) motion as moot. 

On November 29, 2023, the court approved the settlement agreement. The judgment emphasized that the court would retain jurisdiction over the matter for 18 months to enforce several reporting obligations on the defendants. These requirements included the preparation of various quarterly, monthly and special reports on various obligations, including placement changes and new measures adopted. In addition, the court ordered county defendants to pay $1,400,000 in attorney’s fees and $11,408.56 in costs by January 31, 2024. The court retained jurisdiction for 18 months after entry of the judgment, for the sole purpose of enforcing County Defendants’ reporting obligations. 

Summary Authors

Elizabeth Homan (10/4/2012)

Samantha Kirby (12/2/2014)

Lauren Latterell Powell (10/19/2017)

Chris Pollack (3/16/2019)

Isabel Bysiewicz (4/22/2025)

People

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


Judge(s)
Attorney for Plaintiff

Ancar, Katina (California)

Barkoff, Alison N (California)

Bird, Melinda Ruth (California)

Attorney for Defendant

Ackerson-Brazille, Karen (California)

Black, Lauren M (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

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

433 F.Supp.2d 1065

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

Appellees' Brief

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 June 26, 2026, 5:33 a.m.

ECF Number Date Description Link
1 July 18, 2002

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

RECAP
2 July 18, 2002

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

RECAP
3 July 18, 2002

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

RECAP
July 22, 2002

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

4 July 25, 2002

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

RECAP
6 Aug. 1, 2002

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)

RECAP
5 Aug. 2, 2002

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)

RECAP
7 Aug. 6, 2002

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

RECAP
8 Aug. 7, 2002

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)

RECAP
9 Aug. 7, 2002

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)

RECAP
10 Aug. 7, 2002

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)

RECAP
11 Aug. 7, 2002

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)

RECAP
12 Aug. 7, 2002

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)

RECAP
Aug. 7, 2002

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

13 Aug. 12, 2002

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

RECAP
14 Aug. 13, 2002

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)

RECAP
15 Aug. 13, 2002

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)

RECAP
18 Aug. 13, 2002

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)

RECAP
16 Aug. 14, 2002

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)

RECAP
17 Aug. 14, 2002

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)

RECAP
Aug. 14, 2002

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)

19 Aug. 20, 2002

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)

RECAP
20 Aug. 27, 2002

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)

RECAP
21 Sept. 6, 2002

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)

RECAP
22 Oct. 4, 2002

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)

RECAP
23 Oct. 4, 2002

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

RECAP
24 Oct. 4, 2002

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)

RECAP
25 Oct. 10, 2002

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)

RECAP
26 Oct. 21, 2002

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)

RECAP
27 Nov. 21, 2002

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

RECAP
28 Dec. 4, 2002

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

RECAP
29 Dec. 5, 2002

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)

RECAP
30 Dec. 10, 2002

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)

RECAP
31 Dec. 10, 2002

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)

RECAP
32 Dec. 13, 2002

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

RECAP
Dec. 13, 2002

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

33 Dec. 20, 2002

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)

Clearinghouse
Dec. 20, 2002

SUMMONS issued on first amended complaint (lc)

34 Jan. 9, 2003

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)

RECAP
35 Jan. 27, 2003

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

RECAP
Jan. 27, 2003

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

37 Feb. 18, 2003

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)

RECAP
38 Feb. 18, 2003

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)

RECAP
36 Feb. 19, 2003

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)

RECAP
39 March 10, 2003

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

RECAP
40 March 13, 2003

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

RECAP
41 March 20, 2003

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)

RECAP
42 April 7, 2003

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

RECAP
43 April 7, 2003

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

RECAP
April 7, 2003

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

44 April 8, 2003

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)

RECAP
45 April 18, 2003

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)

RECAP
46 April 18, 2003

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

RECAP
48 April 25, 2003

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

RECAP
49 April 25, 2003

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)

RECAP
50 April 28, 2003

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

RECAP
51 April 28, 2003

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

RECAP
52 April 28, 2003

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

RECAP
53 April 28, 2003

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

RECAP
54 April 28, 2003

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

RECAP
57 April 28, 2003

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

RECAP
62 April 28, 2003

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

RECAP
63 April 28, 2003

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)

RECAP
64 May 1, 2003

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)

RECAP
65 May 1, 2003

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)

RECAP
66 May 2, 2003

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)

RECAP
72 May 5, 2003

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

RECAP
73 May 8, 2003

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)

RECAP
74 May 9, 2003

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)

RECAP
75 May 9, 2003

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)

RECAP
76 May 12, 2003

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

RECAP
77 May 12, 2003

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)

RECAP
78 May 12, 2003

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)

RECAP
79 May 12, 2003

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

RECAP
80 May 14, 2003

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

RECAP
81 May 16, 2003

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)

RECAP
82 May 20, 2003

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)

Clearinghouse
83 May 21, 2003

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)

RECAP
84 May 21, 2003

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)

RECAP
85 May 27, 2003

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)

RECAP
86 May 27, 2003

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)

RECAP
87 May 27, 2003

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)

RECAP
88 May 30, 2003

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)

RECAP
89 June 9, 2003

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)

RECAP
90 June 12, 2003

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

RECAP
June 12, 2003

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

91 June 13, 2003

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

RECAP
92 June 18, 2003

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)

Clearinghouse
93 July 1, 2003

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

RECAP
94 July 2, 2003

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)

RECAP
95 July 2, 2003

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)

RECAP
96 July 3, 2003

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)

RECAP
97 July 8, 2003

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)

RECAP
98 July 9, 2003

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)

RECAP
99 July 9, 2003

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)

RECAP
100 July 9, 2003

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)

RECAP
101 July 9, 2003

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)

RECAP
102 July 9, 2003

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

RECAP
103 July 9, 2003

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

RECAP
104 July 9, 2003

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

RECAP

Case Details

State / Territory:

California

Case Type(s):

Child Welfare

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: July 18, 2002

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 Affiliates (any)

ACLU of Southern California

Bazelon Center

Children's Rights, Inc.

National Center for Youth Law

NDRN/Protection & Advocacy Organizations

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Los Angeles City

County

Los Angeles County

State

California Department of Health Services

California Department of Social Services

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

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

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Central District of California 2:02-cv-05662

U.S. Court of Appeals for the Ninth Circuit 06-55559

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Preliminary relief granted

Recordkeeping

Amount Defendant Pays: 3.75 million in attorneys

Order Duration: 2003 - 2019

Issues

General/Misc.:

Access to public accommodations - governmental

Adoption

Foster care (benefits, training)

Government services

Juveniles

Public assistance grants

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

Record-keeping

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Integrated setting

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

Special education

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

Affected Race(s):

Race, unspecified

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Placement in mental health facilities

Restraints (physical)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation