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Case: Michelle H. v. Haley

2:15-cv-00134 | U.S. District Court for the District of South Carolina

Filed Date: Jan. 12, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 12, 2015, eleven named minor children in the legal custody of the South Carolina Department of Social Services ("SCDSS") filed this putative class action lawsuit (by their Next Friends) against the Governor of South Carolina and SCDSS in the United States District Court for the District of South Carolina. The named plaintiffs were represented by two advocacy organizations, Children's Rights and Appleseed, and by private counsel. Plaintiffs intended to seek certification of a class of…

On January 12, 2015, eleven named minor children in the legal custody of the South Carolina Department of Social Services ("SCDSS") filed this putative class action lawsuit (by their Next Friends) against the Governor of South Carolina and SCDSS in the United States District Court for the District of South Carolina. The named plaintiffs were represented by two advocacy organizations, Children's Rights and Appleseed, and by private counsel. Plaintiffs intended to seek certification of a class of all children who are or will be involuntarily placed in foster care in the legal custody of SCDSS as a result of emergency protective custody and/or a referral, report, suspicion, allegation and/or adjudication of abuse or neglect. Plaintiffs asserted claims under 42 U.S.C. § 1983, alleging systemic deficiencies in the operation of SCDSS subjected children in the state's care to harm or an unreasonable risk of harm.

The alleged problems included: whether SCDSS maintains an adequate number and kind of foster homes, resulting in over-institutionalization of foster children, repeated movement of children between placements, and deprivation of meaningful familial contacts; whether SCDSS has excessive caseworker caseloads, resulting in a workforce that cannot monitor children's safety, maltreatment in SCDSS care, and failure to investigate maltreatment; and whether SCDSS fails to provide initial and periodic medical, dental, and mental health assessments, treatments, and screens, leading to emotional and psychological deterioration of children in SCDSS custody.

On March 16, 2015, Defendants moved to dismiss for failure to state a claim. On March 30, 2015, with Defendants' motion pending, the District Court (Judge Richard M. Gergel) entered a text order asking the parties to engage in early mediation. The Court indicated that Senior District Judge Michael Duffy had agreed to mediate, should the parties consent. Later that week, the parties indicated that they were willing to engage in early mediation.

On September 28, 2015, the parties entered into an interim settlement agreement. As part of the "Consent Immediate Interim Relief Order," the plaintiff class was certified and "limited co-monitors" were appointed. SCDSS also agreed to undertake several remedial steps, including phasing out use of SCDSS offices, hotels and motels as placements and no longer recommending that children remain in juvenile detention because of a lack of foster homes. SCDSS also agreed to undertake a workload study, adopt workload limits, conduct a placement needs assessment, and create a plan to end the placement of children ages six and under in non-family group placements.

Judge Gergel approved the parties' final class action settlement agreement on October 4, 2016. The agreement defined the class as "all children who are involuntarily placed in DSS foster care in the physical or legal custody of DSS either now or in the future." Pursuant to the agreement, the court appointed two co-monitors to issue periodic public reports on the parties' compliance with the settlement agreement. SCDSS agreed to (1) complete a foster care workload study and adopt workload limits; (2) ensure that worker-child visitation happens with appropriate frequency; (3) adopt enhanced investigation procedures; (4) adopt procedures to ensure appropriate child placement; (5) provide for family visitation; and (6) develop a health care improvement plan. The settlement agreement was to remain in effect until the Court issued an order dismissing the case. Regarding attorneys' fees, the parties agreed to submit the amount and terms of fees and expenses to final and binding arbitration by the mediator (District Judge P. Michael Duffy).

In the September 2018 report, the co-monitors outlined several areas of accomplishment: leadership changes and internal restructuring; development of a five-year budget; building infrastructure to meet children's healthcare needs; conducting a data audit; and development of a training plan and case practice model. The co-monitors also identified several areas in need of focus and improvement. One of these areas was investigative practice within SCDSS’s Out-of-Home Abuse and Neglect (OHAN) unit. The co-monitors noted that a lack of resources meant that staff had excessive case loads and did not have the time, direction, or tools to complete their work. Another area in need of improvement was SCDSS's placement array and processes. While SCDSS made some progress in reducing the number of children placed in congregate care and staying overnight at SCDSS offices, there had been little improvement in the period leading up to the September 2018 report. Finally, the co-monitors noted a need for improvement in the area of workforce recruitment and retention.

In response to the September report, the plaintiffs filed a motion to hold the defendants in contempt for non-compliance with the settlement agreement on November 26, 2018. On December 5, 2018, the Court issued an order stating that, starting in January 2019, the Court will hold monthly status conferences to assess SCDSS's implementation of the reforms mandated by the settlement agreement. Prior to the first status conference, SCDSS must submit plans about the three main areas in need of reform: workloads, placement, and healthcare. The order also required that SCDSS appoint staff responsible for those three areas. Finally, the order required that the parties conduct a mediation session prior to the January status conference.

The parties participated in mediation, and the monitoring arrangement continued with monthly status conferences. On August 15, 2019, the court issued an order stating that the settlement agreement required the defendants to have reached a set of benchmarks by July 1, 2020, that they had yet to achieve. The order further stated that the expectation remained that they would meet these benchmarks.

As of May 22, 2020, the most recent biannual monitors' report was filed on March 2, 2020. The report detailed only moderate success, noting that budget restrictions created significant obstacles to compliance. Monitoring of the settlement is ongoing.

Summary Authors

Dan Whitman (10/22/2015)

Eva Richardson (12/26/2018)

Alex Moody (5/22/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4381735/parties/michelle-h-v-mcmaster/


Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Berkowitz, Susan Beth (South Carolina)

Finch, Aaron Hirsh (New York)

Lustbader, Ira P. (New York)

Persson, Stephanie (New York)

Protheroe, Adam (South Carolina)

Remlin, Christina Wilson (New York)

Richardson, Matthew T (South Carolina)

Russo, Sarah (New York)

Suggs, Steven (South Carolina)

Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Berkowitz, Susan Beth (South Carolina)

Finch, Aaron Hirsh (New York)

Lustbader, Ira P. (New York)

Persson, Stephanie (New York)

Protheroe, Adam (South Carolina)

Remlin, Christina Wilson (New York)

Richardson, Matthew T (South Carolina)

Russo, Sarah (New York)

Suggs, Steven (South Carolina)

White, Shereen Arthur (New York)

Wood, Kathryn Anne (New York)

Attorneys(s) for Defendant

Bowers, Karl S. (South Carolina)

Davis, Alexander Erwin (South Carolina)

Laffitte, Rececca (South Carolina)

Limehouse, Thomas Ashley Jr. (South Carolina)

Montgomery, John M. (South Carolina)

Todd, Monteith Powell (South Carolina)

Documents in the Clearinghouse

Document

2:15-cv-00134

Docket [PACER]

Michelle H v. McMaster

May 22, 2020

May 22, 2020

Docket
1

2:15-cv-00134

Plaintiffs' Original Complaint For Injunctive And Declaratory Relief As A Class Action

Jan. 12, 2015

Jan. 12, 2015

Complaint
29

2:15-cv-00134

Consent Immediate Interim Relief

Sept. 28, 2015

Sept. 28, 2015

Settlement Agreement
32-1

2:15-cv-00134

Exhibit A: Final Settlement Agreement

MH v. Haley

June 3, 2016

June 3, 2016

Settlement Agreement
63-1

2:15-cv-00134

Monitoring Period I (October 1, 2016 – March 31, 2017): Progress of the South Carolina Department of Social Services

Michelle H. v. McMaster

Sept. 13, 2017

Sept. 13, 2017

Monitor/Expert/Receiver Report
70-1

2:15-cv-00134

Monitoring Period II (April 1, 2017 – September 30, 2017): Progress of the South Carolina Department of Social Services

MH v. McMaster

April 6, 2018

April 6, 2018

Monitor/Expert/Receiver Report
88-1

2:15-cv-00134

Monitoring Period III (October 1, 2017 – March 31, 2018): Progress of the South Carolina Department of Social Services

Michelle H. v. McMaster

Oct. 1, 2018

Oct. 1, 2018

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4381735/michelle-h-v-mcmaster/

Last updated Nov. 28, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Susan Alford, Nikki Haley ( Filing fee $ 400 receipt number 0420-5729224.), filed by A B, S B, M B, Z L, K S, A R(by his next friend Cheryl Kreider), M H, R B, S V, C B, A R(by her next friend Tamara Coppinger). Service due by 5/15/2015(sshe, ) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

RECAP
2

Local Rule 26.01 Answers to Interrogatories by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V.(sshe, ) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
3

Summons Issued as to Susan Alford, Nikki Haley. (sshe, ) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
5

ACCEPTANCE OF SERVICE OF COMPLAINT by A B, S B, M B, Z L, K S, A R(by his next friend Cheryl Kreider), M H, R B, S V, C B, A R(by her next friend Tamara Coppinger). Susan Alford served on 1/14/2015, answer due 2/4/2015. (Attachments: # 1 Acceptance of Personal Service of the Summons on Defendant Susan Alford in her official capacity as Acting Director of the South Carolina Department of Social Services)(Richardson, Matthew) (Entered: 01/14/2015)

1 Acceptance of Personal Service of the Summons on Defendant Susan Alford in her

View on PACER

Jan. 14, 2015

Jan. 14, 2015

PACER
6

MOTION to Appear Pro Hac Vice by Ira Lustbader ( Filing fee $ 250 receipt number 0420-5736975) by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 2/2/2015. (Attachments: # 1 Affidavit Application, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order PDF of Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 01/15/2015)

1 Affidavit Application

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2 Supporting Documents Certificate of Good Standing

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3 Proposed Order PDF of Order

View on PACER

Jan. 15, 2015

Jan. 15, 2015

PACER
7

MOTION to Appear Pro Hac Vice by Kathryn Wood ( Filing fee $ 250 receipt number 0420-5737030) by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 2/2/2015. (Attachments: # 1 Affidavit Application, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order pdf copy)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 01/15/2015)

1 Affidavit Application

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2 Supporting Documents Certificate of Good Standing

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3 Proposed Order pdf copy

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Jan. 15, 2015

Jan. 15, 2015

PACER
8

ACCEPTANCE OF SERVICE OF COMPLAINT by A B, S B, M B, Z L, K S, A R(by his next friend Cheryl Kreider), M H, R B, S V, C B, A R(by her next friend Tamara Coppinger). Nikki Haley served on 1/14/2015, answer due 2/4/2015. (Attachments: # 1 Acceptance of Personal Service of the Summons on Defendant Nikki Haley in her official capacity as Governor of the State of South Carolina)(Richardson, Matthew) (Entered: 01/15/2015)

1 Acceptance of Personal Service of the Summons on Defendant Nikki Haley in her o

View on PACER

Jan. 15, 2015

Jan. 15, 2015

PACER
9

ORDER granting 6 Motion of Ira Lustbader to Appear Pro Hac Vice for Plaintiffs. Signed by Honorable Richard M Gergel on 1/15/2015.(sshe, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
10

ORDER granting 7 Motion of Kathryn A. Wood to Appear Pro Hac Vice for Plaintiffs. Signed by Honorable Richard M Gergel on 1/15/2015.(sshe, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
11

MOTION for Confidentiality Order by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 3/2/2015. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Richardson, Matthew) (Entered: 02/11/2015)

1 Proposed Order

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Feb. 11, 2015

Feb. 11, 2015

PACER
12

CONFIDENTIALITY ORDER granting 11 Motion for Confidentiality Order Signed by Honorable Richard M Gergel on 2/12/2015.(sshe, ) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
13

Consent MOTION for Extension of Time to Answer, Move, or Otherwise Plead in Response to Plaintiffs' Complaint by Susan Alford. Response to Motion due by 3/9/2015. No proposed order.(Laffitte, Rebecca) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
14

TEXT ORDER granting 13 Motion for Extension of Time to Answer, Move, or Otherwise Plead in Response to Plaintiff's Complaint. Defendants' Answers now due by March 15, 2015. Entered at the Direction of Honorable Richard M Gergel on 2/23/2015.(sshe, ) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
15

NOTICE of Appearance by Karl S Bowers, Jr on behalf of Nikki Haley (Bowers, Karl) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
16

First MOTION to Dismiss by Nikki Haley. Response to Motion due by 4/2/2015. (Attachments: # 1 Memo in Support)No proposed order.(Bowers, Karl) (Entered: 03/16/2015)

1 Memo in Support

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March 16, 2015

March 16, 2015

PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Susan Alford. Response to Motion due by 4/2/2015. (Attachments: # 1 Memo in Support)No proposed order.(Todd, Monteith) (Entered: 03/16/2015)

1 Memo in Support

View on RECAP

March 16, 2015

March 16, 2015

PACER
18

Local Rule 26.01 Answers to Interrogatories by Susan Alford.(Todd, Monteith) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
19

Consent MOTION for Extension of Time to File Response/Reply as to 16 First MOTION to Dismiss, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 4/6/2015. No proposed order.(Richardson, Matthew) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
20

TEXT ORDER: Plaintiffs have moved, with the consent of Defendants, for an extension of time to respond to Defendants' motions to dismiss. (Dkt. No. 19). The motion is granted. The time to respond to Defendants' motions to dismiss (Dkt. Nos. 16, 17) is extended to 5/4/15. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/25/15.(ltap, ) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
21

TEXT ORDER: The Court has had considerable success in recent years promoting early mediation in complex litigation, which has allowed the parties to focus their energies on seeking common solutions rather than engaging in protracted litigation. The most notable of these successful mediations involved the litigation over the deepening of the Savannah Harbor, which involved environmental groups, the Georgia Ports Authority and the Army Corps of Engineers. The mediators in that matter were former Congressman John Spratt and then Magistrate Judge (now District Judge) Bruce Hendricks. In light of that experience, the Court has asked Senior United States District Judge Michael Duffy whether he would be willing to serve as a mediator in this matter and he has graciously agreed to do so. Mediation, of course, requires willing participants who enter into the process with the objective of seeking a resolution of a legal dispute through a negotiated settlement. The Court directs the parties to consult their clients and to advise the Court within 10 days of this order whether they are willing to participate in early mediation. To the extent there is an interest in early mediation, the parties should further advise the Court whether they would like the entry of a brief stay while negotiations are pursued. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/30/2015. (erav, ) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
22

REPLY by Susan Alford, Nikki Haley to 21 Order,,,,, . (Laffitte, Rebecca) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

RECAP
23

REPLY by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V to 21 Order,,,,, . (Richardson, Matthew) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

RECAP
24

AMENDED NOTICE of Hearing: Status Conference set for 4/15/2015 at 02:00 PM in Charleston Courtroom #1, Hollings Judicial Center, 83 Meeting St, Charleston before Honorable Patrick Michael Duffy. **PLEASE NOTE: Out of state attorneys may participate by telephone and are not required to appear in person at the hearing (chub, ) Modified text on 4/8/2015 (erav, ). (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
25

First MOTION to Appear Pro Hac Vice by Christina Wilson Remlin ( Filing fee $ 250 receipt number 0420-5918751) by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 5/15/2015. (Attachments: # 1 Exhibit Application for Admission, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order of Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 04/28/2015)

1 Exhibit Application for Admission

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2 Exhibit Certificate of Good Standing

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3 Proposed Order Proposed Order of Admission

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April 28, 2015

April 28, 2015

PACER
26

First MOTION to Appear Pro Hac Vice by Aaron Hirsh Finch ( Filing fee $ 250 receipt number 0420-5918808) by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 5/15/2015. (Attachments: # 1 Exhibit Application for Admission, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order of Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 04/28/2015)

1 Exhibit Application for Admission

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2 Exhibit Certificate of Good Standing

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3 Proposed Order Proposed Order of Admission

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April 28, 2015

April 28, 2015

PACER
27

First MOTION to Appear Pro Hac Vice by Sarah Teresa Russo ( Filing fee $ 250 receipt number 0420-5918843) by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 5/15/2015. (Attachments: # 1 Exhibit Application for Admission, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order of Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 04/28/2015)

1 Exhibit Application for Admission

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2 Exhibit Certificate of Good Standing

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3 Proposed Order Proposed Order of Admission

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April 28, 2015

April 28, 2015

PACER
28

ORDER granting 25 Motion for Christina Wilson Remlin to Appear Pro Hac Vice; granting 26 Motion for Aaron Hirsh Finch to Appear Pro Hac Vice; granting 27 Motion for Sarah Teresa Russo to Appear Pro Hac Vice; for A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V Signed by Honorable Richard M Gergel on 4/29/2015.(sshe, ) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
29

CONSENT IMMEDIATE INTERIM RELIEF ORDER Signed by Honorable Richard M Gergel on 9/28/2015. (sshe, ) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
30

TEXT ORDER: The Court has pending on its docket two motions to dismiss. (Dkt. Nos. 16, 17). In light of the progress made by the parties in mediation, the Court denies these motions to dismiss without prejudice and with leave to restore to the docket if the parties wish to do so. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/3/16.(ltap, ) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
31

ORDER re 29 Consent Immediate Interim Relief Order. The parties consent and agree to the extension of the Co-Monitors' authority under Section II.4 of Dkt. No. 29 until final approval and entry of a full negotiated settlement agreement or until the mediator reports to the court that mediation was ultimately unsuccessful, to allow the parties to complete negotiations and file a proposed full settlement agreement. Signed by Honorable Richard M Gergel on 3/17/2016. (sshe, ) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
32

Joint MOTION for Settlement Approval of the Class Action by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 6/20/2016. (Attachments: # 1 Exhibit A - Final Settlement Agreement, # 2 Exhibit B - Proposed Order Granting Preliminary Approval, # 3 Exhibit C - Notice of Class Action Settlement, # 4 Exhibit D - Resumes of Co-Monitors)Proposed order is being emailed to chambers with copy to opposing counsel.(Richardson, Matthew) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
33

NOTICE of Hearing on 32 Joint MOTION for Settlement Approval of the Class Action : Motion Hearing set for 6/24/2016 at 10:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, ) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
34

Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 6/24/2016 re 32 Joint MOTION for Settlement Approval of the Class Action. Court to issue an order approving settlement. Parties submit to court final Notice of Class. Hearing to be set for final approval. Court Reporter Debbie Potocki. (erav, ) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
35

ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT, SETTING HEARING FOR FINAL APPROVAL, AND DIRECTING NOTICE TO THE CLASS granting 32 Motion for Settlement. Details set forth in Order. Signed by Honorable Richard M Gergel on 6/28/2016.(sshe, ) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
36

NOTICE of Hearing: Settlement Conference set for 10/4/2016 10:00 AM in Courtroom To Be Determined, J. Waties Waring Judicial Cntr, Meeting St and Broad, Charleston before Honorable Richard M Gergel. (sshe, ) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
37

AFFIDAVIT of Anthony Catone by Susan Alford. (Attachments: # 1 Affidavit Affidavit of Compliance with Notice Requirements)(Laffitte, Rebecca) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
38

MOTION to Withdraw as Attorney - Alex E. Davis by Susan Alford. Response to Motion due by 8/8/2016. No proposed order.(Laffitte, Rebecca) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
39

ORDER granting 38 Motion of Alex E. Davis to Withdraw as counsel of record for defendant Susan Alford. Signed by Honorable Richard M Gergel on 7/26/2016.(sshe, ) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
41

AFFIDAVIT (Supplemental Affidavit of Compliance with Notice Requirements) by Susan Alford. (Attachments: # 1 Affidavit)(Laffitte, Rebecca) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
42

NOTICE OF RESCHEDULED HEARING *NOTE TIME CHANGE ONLY* Settlement Conference set for 10/4/2016 10:00 AM cancelled and rescheduled to: Settlement Conference set for 10/4/2016 09:00 AM in Courtroom To Be Determined, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, ) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
43

MOTION to Withdraw as Attorney Sarah T. Russo by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 10/6/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(Richardson, Matthew) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
44

NOTICE OF RESCHEDULED HEARING *NOTE TIME CHANGE ONLY: In light of the Order and Notice to Class at Dkt. #35 the Settlement Conference will be held on 10/4/2016 at 10:00 AM as per the ORDER. The hearing will be held in the Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, ) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
45

Joint MOTION for Settlement Approval by A B, C B, M B, R B, S B, M H, Z L, A R(by his next friend Cheryl Kreider), A R(by her next friend Tamara Coppinger), K S, S V. Response to Motion due by 10/11/2016. (Attachments: # 1 Exhibit Award, # 2 Exhibit Letter, # 3 Exhibit Letters, # 4 Exhibit Letters, # 5 Exhibit Letter, # 6 Exhibit Letter, # 7 Exhibit Letter, # 8 Exhibit Letter, # 9 Exhibit Letter, # 10 Exhibit Letter, # 11 Exhibit Letter, # 12 Exhibit Letter, # 13 Exhibit Letters from Group Homes, # 14 Exhibit Number of Group Homes, # 15 Exhibit Letter)No proposed order.(Suggs, Steve) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
46

ORDER GRANTING MOTION FOR WITHDRAWAL OF APPEARANCE OF SARAH T RUSSO granting 43 Motion to Withdraw as Attorney. Signed by Honorable Richard M Gergel on 9/29/2016.(sshe, ) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
47

Minute Entry. Proceedings held before Honorable Richard M Gergel: Settlement Conference (Fairness Hearing) held on 10/4/2016. Court to issue an order approving settlement. Court Reporter Debbie Potocki. (erav, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
48

FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT granting 45 Motion for Settlement Signed by Honorable Richard M Gergel on 10/4/2016.(sshe, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of fairness hearing held on 10-4-16, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/14/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/19/2017. (dpotocki, ) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
52

Letter dated 1/23/2017 from Co-Monitors. (sshe, ) Modified docket text on 2/8/2017 (sshe, ). (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
53

Letter dated 1/24/2017 from DSS General Counsel. (sshe, ) Modified docket text on 2/8/2017 (sshe, ). (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
54

Letter dated 2/7/2017 from Co-Monitors. (sshe, ) Modified docket text on 2/8/2017 (sshe, ). (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
55

ORDER The Court has reviewed the Co-Monitors letters of January 23, 2017 52 and February 7, 2017 54, and a letter from the DSS General Counsel of January 24, 2017 53 . If any party to this action desires to provide any additional information on this issue before the Court reaches a determination concerning this dispute over data access under the Final Settlement Agreement, such response shall be filed with the Court on or before February 13, 2017. The Court further directs that DSS General Counsel provide to the Court under seal on or before February 13, 2017 a sample of the data and records from the child protective services portion of the CAPSS system that the agency seeks to prevent access to by the Co-Monitors. The Court intends to review such data and records in camera to determine the relevancy and necessity of the requested disclosure. S.C. Code ยง 63-7-690(11). AND IT IS SO ORDERED. (Further details provided in Order) Signed by Honorable Richard M Gergel on 2/8/2017. (sshe, ) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
56

Letter from Matthew Richardson pursuant to Order, Dkt # 55. (Richardson, Matthew) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
57

Letter from DSS. (Attachments: # 1 Exhibit A - E-mail from CSSP 2/3/17, # 2 Exhibit B - E-mail to CSSP from SCDSS 2/6/17, # 3 Exhibit C - E-mail from CSSP to SCDSS 2/6/17, # 4 Exhibit D - Email CSSP to Jude Duffy 2/6/17, # 5 Exhibit E - Email from SCDSS to CSSP 2/7/17)(Laffitte, Rebecca) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
58

Sealed Documents. Filed per Direction of Honorable Richard M Gergel on 2/14/2017. (sshe, ) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
59

ORDER that the Court hereby orders and directs, pursuant to the terms of the Settlement Agreement and the Court's injunctive powers, that the Defendants, without delay, provide direct access to the Co-Monitors to the child protective portion of the CAPSS. The parties are directed to file a joint certification with the Court on or before February 21, 2017 that there has been full compliance with this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/14/2017. (sshe, ) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
60

REPLY by Susan Alford to 59 Order,, (Joint Certification). (Laffitte, Rebecca) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
61

MOTION for Extension of Time for Submission of Health Care Improvement Plan by Susan Alford. Response to Motion due by 6/15/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Todd, Monteith) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
62

ORDER EXTENDING TIME granting 61 Defendant's Motion for Extension of Time. The Health Care Improvement Plan shall be submitted by September 30, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/5/2017.(sshe, ) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
63

Letter from Co-Monitors Judith Meltzer and Paul Vincent. (Attachments: # 1 Exhibit Co-Monitors Monitoring Report)(sshe, ) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
64

NOTICE of Hearing: Status Conference set for 11/17/2017 10:00 AM in Courtroom To Be Determined, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, ) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
65

First MOTION to Appear Pro Hac Vice by Stephen Suggs for Stephanie Persson ( Filing fee $ 250 receipt number 0420-7460161) by AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), CB, KS, MB, MH, RB, SB, SV, ZL. Response to Motion due by 11/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) Modified on 11/14/2017 to add filer as listed on document(sshe, ). (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
66

ORDER granting 65 Motion for Stephanie Persson to Appear Pro Hac Vice for AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), CB, KS, MB, MH, RB, SB, SV, ZL. Signed by Honorable Richard M Gergel on 11/14/2017.(sshe, ) Modified on 11/14/2017 to edit docket text to add represented party(sshe, ). (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
67

Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 11/17/2017. Court Reporter Debbie Potocki. (erav, ) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of status conference held on 11-17-17, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of Transcript Restriction set for 2/26/2018. (dpotocki, ) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
69

NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry Dargan McMaster (Limehouse, Thomas) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
70

Letter from Co-Monitors Judith Meltzer and Paul Vincent. (Attachments: # 1 Exhibit Co-Monitors Monitoring Report)(sshe, ) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
71

ORDER The Court hereby orders and directs Defendants to submit to the Court on or before May 21, 2018 a comprehensive five year budget plan that provides year to year budgets for each year and sets forth in detail the additional funding, staff, and other resources necessary to meet each of the performance requirements set forth in IV(A) - (K) of the Settlement Agreement. Further, the Court sets the next status conference with the parties on June 1, 2018 at 10:00 a.m. at the J. Waties Waring Judicial Center. The Court at that time will address in detail the Co-Monitors' report filed on April 6, 2018, any compliance concerns of the Plaintiffs, the Defendants' five year budget plan, and other issues which any of the parties desire to bring to the attention of the Court. See Order for all details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/19/2018. (sshe, ) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
72

RESPONSE by Susan Alford and Henry Dargan McMaster to 71 Order to Submit. (Attachments: # 1 5-Year Budget Plan)(ltap, ) (Entered: 05/22/2018)

1 5-Year Budget Plan

View on PACER

May 22, 2018

May 22, 2018

PACER
73

Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 6/1/2018. Status reports from Co-monitors. Court Reporter Debbie Potocki. (erav, ) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
74

TEXT ORDER The co-monitors have proposed the use of consultants to assist in certain areas where critical work in meeting the goals of the Settlement Agreement needs to be accomplished. Pursuant to Paragraph III(B) of the Settlement Agreement, the co-monitors have a duty to consult with the parties on these proposed hires, with the ultimate decision left to the discretion of the co-monitors. The Court directs the parties to promptly complete that consultation process and a final decision be made by the co-monitors regarding the consultants on or before June 30, 2018. The co-monitors have also provided the parties their proposed annual budget for their services, pursuant to Paragraph III(I) of the Settlement Agreement. The parties are to advise the co-monitors and the Court in writing on or before June 15, 2018 of any objections to the proposed budget. The co-monitors are to submit to the Court a written response to any written objections by June 22, 2018, and the Court will thereafter approve a budget for the co-monitors for the next 12 months. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 6/4/2018. (sshe, ) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
75

REPLY Letter from Monteith Todd Providing DSS' Objections to Co-Monitors' Budget by Susan Alford to 74 Order.(Todd, Monteith) Filing corrected for event type (sshe, ) (Entered: 06/18/2018)

June 15, 2018

June 15, 2018

RECAP
76

MOTION for Hearing by Susan Alford. Response to Motion due by 7/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Laffitte, Rebecca) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
77

TEXT ORDER: Defendants have moved for a hearing on their objections to the Co-Monitors' budget. (Dkt. No. 76). The Court will set a hearing via telephone conference on July 3, 2018. Details will be provided by the Clerk in the entry of the hearing notice. The parties should appreciate that the Court remains deeply concerned about the lack of meaningful progress in many critical areas addressed in the Settlement Agreement and is aware that the consultants previously retained by the Co-Monitors have contributed to much of the progress that has been made. The Court directs that the Co-Monitors and Ms. Alford participate in the hearing. The Court further directs that the Co-Monitors and Ms. Alford directly communicate between now and the July 3, 2018 hearing in an effort to resolve areas of disagreement. If the matter is not resolved by the parties, the Court will rule promptly on the issues still in dispute. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/26/2018. (ltap, ) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
78

NOTICE of Hearing: Telephone Conference on 76 MOTION for Hearing set for 7/3/2018 10:30 AM before Honorable Richard M Gergel. Court staff needed. Defense must provide all parties and the Court conference call-in information for the same no later than July 2nd. AND IT IS SO ORDERED.(ltap, ) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 6-1-18, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 10/1/2018. (dpotocki, ) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
80

Withdrawal of Motions: 76 MOTION for Hearing filed by Susan Alford.. (Laffitte, Rebecca) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
82

NOTICE of Cancellation of Hearing: Telephone Conference 7/3/2018 10:30 AM is CANCELED per 80 Withdrawal of Motion requesting Hearing (sshe, ) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
83

Co-Monitors proposed budget for 2018 from Co-Monitors. (sshe, ) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
84

TEXT ORDER The Court has before it the Co-Monitors' proposed budget for 2018. (Dkt. No. 83 ) Defendants initially filed an objection to one aspect of the proposed budget but have since reached an amicable resolution of the matter with the Co-Monitors. (Dkt. Nos. 75, 80). Consequently, the Court hereby approves the Co-Monitors' budget for the calendar year 2018. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/2/2018. (sshe, ) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
87

NOTICE of Appearance by Adam Protheroe on behalf of AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), CB, KS, MB, MH, RB, SB, SV, ZL (Protheroe, Adam) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
88

Letter from Co-Monitors Judith Meltzer and Paul Vincent. (Attachments: # 1 Exhibit Co-Monitors Monitoring Report)(sshe, ) (Entered: 10/01/2018)

1 Exhibit Co-Monitors Monitoring Report

View on PACER

Oct. 1, 2018

Oct. 1, 2018

PACER
89

NOTICE of Hearing: Status Conference set for 12/4/2018 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, ) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
90

MOTION for Contempt and Enforcement of Final Settlement Agreement by AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), CB, KS, MB, MH, RB, SB, SV, ZL. Response to Motion due by 12/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Workforce Report, # 3 Exhibit B - Co-Monitor Letters)No proposed order.(Protheroe, Adam) Modified on 11/29/2018 to reference 91 Supplement filed 11/28/18(sshe, ). (Entered: 11/26/2018)

1 Memo in Support

View on PACER

2 Exhibit A - Workforce Report

View on PACER

3 Exhibit B - Co-Monitor Letters

View on PACER

Nov. 26, 2018

Nov. 26, 2018

PACER
91

SUPPLEMENT to 90 MOTION by AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), KS, MB, MH, RB, SB, SV, ZL . (Attachments: # 1 Exhibit A - Co-Monitor Letter re Facility Visits, # 2 Exhibit B - Co-Monitor Letter re Additional Consultants, # 3 Exhibit C - Co-Monitor Response to DSS, # 4 Exhibit D - Co-Monitor Response re DSS Budget Objections, # 5 Exhibit E - Co-Monitor Letter re Children in Facility)(Protheroe, Adam) Modified on 11/29/2018 to link correct event to associated event(sshe, ). (Entered: 11/28/2018)

1 Exhibit A - Co-Monitor Letter re Facility Visits

View on PACER

2 Exhibit B - Co-Monitor Letter re Additional Consultants

View on PACER

3 Exhibit C - Co-Monitor Response to DSS

View on PACER

4 Exhibit D - Co-Monitor Response re DSS Budget Objections

View on PACER

5 Exhibit E - Co-Monitor Letter re Children in Facility

View on PACER

Nov. 28, 2018

Nov. 28, 2018

PACER
92

RESPONSE in Opposition re 90 MOTION for Contempt and Enforcement of Final Settlement Agreement Response filed by Susan Alford, Henry Dargan McMaster.Reply to Response to Motion due by 12/7/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Montgomery, John) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
93

REPLY to Response to Motion re 90 MOTION for Contempt and Enforcement of Final Settlement Agreement Response filed by AB, AR(by his next friend Cheryl Kreider), AR(by her next friend Tamara Coppinger), CB, KS, MB, MH, RB, SB, SV, ZL. (Protheroe, Adam) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
94

Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 12/4/2018. Status conferences to be held every 30 days. Court to issue order regarding new implementations. Court Reporter Debbie Potocki. (cper, ) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
95

Report from Judith Meltzer. Workforce Assessment by Sue Steib. (sshe, ) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

RECAP
97

DELETION OF DOCKET ENTRY NUMBER 96 Reason: per Chambers. Filing date of original filing: 12/5/18 (sshe, ) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
98

ORDER See Order for All Details. Status Conference set for 1/11/2019 09:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. Signed by Honorable Richard M Gergel on 12/5/2018. (sshe, ) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

RECAP
99

TEXT ORDER re: 90 Plaintiffs' Motion for contempt and enforcement of final settlement agreement. In light of the Court's December 5, 2018 Order (Dkt. No. 98), Plaintiffs' motion for contempt and enforcement is denied without prejudice. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/10/2018.(ltap, ) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
100

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of status conference held on 12-4-18, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/7/2019. Redacted Transcript Deadline set for 1/17/2019. Release of Transcript Restriction set for 3/18/2019. (dpotocki, ) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
102

NOTICE of Hearing: Mediation Hearing set for 1/8/2019 at 10:00 AM in Charleston Courthouse, J. Waties Waring Judicial Center, 83 Meeting St, Charleston (Room Location To Be Determined) before Retired Judge Patrick Michael Duffy. (ltap, ) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
103

ORDER The Court makes the following modification to Paragraph 5 of the Court's order of December 5, 2018 (Dkt. No. 98 ). See ORDER for details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/21/2018. (sshe, ) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
104

Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 1/11/2019. Order is forthcoming. (Status Conference set for 2/26/2019 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel). Court Reporter Tana Hess. (cper, ) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
105

ORDER The Court conducted a status conference on January 11, 2019 to discuss the continued work of the South Carolina Department of Social Services ("DSS") with the Co-Monitors to make the meaningful reforms necessary to meet the benchmarks and standards of the October 4, 2016 Settlement Agreement. See Order for All Details re implementation of these reforms. NOTICE of Hearing The next monthly Status Conference is set for 2/26/2019 at 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. Signed by Honorable Richard M Gergel on 1/15/2019. (sshe, ) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
106

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on January 11, 2019, before Judge Richard M. Gergel. Court Reporter/Transcriber Tana J. Hess, Telephone number/E-mail 843.779.0837 tana_hess@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (thes, ) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
107

MOTION for Extension of Time Regarding Health Care Implementation Plan by Susan Alford. Response to Motion due by 3/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Laffitte, Rebecca) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
108

Minute Entry. Proceedings held before Honorable Richard M Gergel: finding as moot 107 Motion for Extension of Time; Status Conference held on 2/26/2019. Budget staff is to be present at the April Status conference. Before the April status conference, the foster care rate number is to be established, the placement plan's undetermined numbers are to be determined, the family visitation plan is to be resolved and what constitutes a visit is to be defined. (Status Conference set for 4/2/2019 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel.) Court Reporter Debbie Potocki. (cper, ) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
109

ORDER The Court conducted a status conference on February 26, 2019 to discuss the continued work of the South Carolina Department of Social Services ("DSS") with the Co-Monitors to comply with the provisions of the benchmarks and standards of the October 4, 2016 Settlement Agreement. See Order for All Details re continued implementation of the mandates of the Settlement Agreement. The next monthly Status Conference is set for 4/2/2019 at 10:00 AM. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/27/2019. (sshe, ) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 12, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

General class: All children who are or will be involuntarily placed in foster care in the legal custody of DSS as a result of emergency protective custody (EPC) and/or a referral, report, suspicion, allegation and/or adjudication of abuse or neglect. Also disability, sibling, and juvenile justice subclasses.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Appleseed

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Carolina Department of Social Services (Columbia, Richland), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Reporting

Monitor/Master

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Pattern or Practice

Placement in detention facilities

Placement in shelters

Sexual abuse by residents/inmates

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Dental care

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid