Case: D.S. v. Washington State Department of Children, Youth, and Families

2:21-cv-00113 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 28, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the treatment of children in the care of the Washington State Department of Children, Youth, and Families (the Department) with behavioral health and/or developmental disabilities. On January 28th, 2021, three children under the care of the Department brought a class-action suit along with Disability Rights Washington against the Department in the United States District Court for the Western District of Washington. The case was assigned to Judge Barbara J. Rothstein. Disab…

This is a case about the treatment of children in the care of the Washington State Department of Children, Youth, and Families (the Department) with behavioral health and/or developmental disabilities. On January 28th, 2021, three children under the care of the Department brought a class-action suit along with Disability Rights Washington against the Department in the United States District Court for the Western District of Washington. The case was assigned to Judge Barbara J. Rothstein. Disability Rights Washington argued that the consistent mistreatment of these children caused a significant drain on their resources and that the organization had previously requested the Department change these practices several times.

The three children and Disability Rights Washington alleged violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Fourteenth Amendment for unwarranted government interference with family and substantive due process, and the Adoption Assistance and Child Welfare Act. Represented by a mixture of private firm and organizational attorneys, the plaintiffs hoped to end the state’s policy of “exceptional placements” for children with behavioral health and/or developmental disabilities in their care. In addition, they hoped to move the Department to provide more stability for children with behavioral health or developmental disabilities.

The class-action complaint alleged misconduct by the Department in its treatment of children with behavioral health and/or developmental disabilities, especially in regards to the long term stability of those children. The complaint specifically alleged misconduct by the Department in regards to the three children plaintiffs, each of whom qualified, under the Department’s definition, as a child with behavioral health and/or developmental disabilities. The complaint noted the usage of “exceptional placements'' for such children and the common usage of “Behavioral Rehabilitation Services” in Congregate Care Facilities.

“Exceptional placements” is how the Department referred to the policy of one-night and short-term stay housing arrangements for youth in their care. Examples of “exceptional placements” included shuttling between motels, one-night foster care status, and overnight stays at Department offices. The complaint alleged that the only other option given to plaintiffs and other children in their situation was placement in “Congregate Care Programs,” where they were segregated with other youth who had behavioral health and developmental disabilities. These were not permanent placements, and were often far from their families, sometimes out of state.

In February 2021, the court granted the plaintiffs request to proceed using pseudonymous initials, likely to protect the identity of the children involved in the case. On April 12th, 2021, the plaintiffs filed a motion for preliminary injunction, which was granted in part on June 29th, 2021 and ordered to last until June 30th, 2022.

The preliminary injunction set limits on where children under the care of the Department may sleep and laid out requirements for what the Department must provide children in its care. It also regulated the way in which the Department must respond should a child in its care deny placement and ordered regularly scheduled meetings for any child who lacked long-term placement until long-term placement was identified. The order also required the Department to maintain and keep healthy food and beverage options in their offices, provide transportation to school or provide a quiet study space for online school, and provide age-appropriate activities if school was not in session.

As of October 5, 2021, the case is ongoing, and the motion for class certification of children with behavioral health and/or developmental disabilities in the care of the Department must be filed on or by November 2, 2021.

Summary Authors

Betsy Sheppard (10/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/51966028/parties/ds-v-washington-state-department-of-children-youth-and-families/


Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Carney, Christopher Robert (Washington)

Douglas, Elizabeth Suilin Pamela (California)

Juneja, Poonam (California)

Kas, Susan Linn (Washington)

Lin, Laura Kimberly (California)

Pitts, Freya E. K. (California)

Strout, Jean (California)

Welch, Leecia (California)

Attorneys(s) for Defendant

Judge, Daniel J. (Washington)

Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Carney, Christopher Robert (Washington)

Douglas, Elizabeth Suilin Pamela (California)

Juneja, Poonam (California)

Kas, Susan Linn (Washington)

Lin, Laura Kimberly (California)

Pitts, Freya E. K. (California)

Strout, Jean (California)

Welch, Leecia (California)

Attorneys(s) for Defendant

Judge, Daniel J. (Washington)

McGinty, William (Washington)

Richardson, James III (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

D.S. v. Washington State Department of Children

Sept. 17, 2021 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Jan. 28, 2021 Pleading / Motion / Brief
63

Order Granting in Part Plaintiffs' Motion for Preliminary Injunction

June 29, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/51966028/ds-v-washington-state-department-of-children-youth-and-families/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants (Receipt # AWAWDC-6907802), filed by D.S., Disability Rights Washington, H.A., D.Y.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kas, Susan) (Entered: 01/28/2021)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Jan. 28, 2021 RECAP
2

APPLICATION OF ATTORNEY Freya Pitts FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Kristen Bishopp, D.S., D.Y., Disability Rights Washington, H.A., Julie Kellogg-Mortensen, Tara Urs (Fee Paid) Receipt No. AWAWDC-6907820 (Kas, Susan) (Entered: 01/28/2021)

Jan. 28, 2021 PACER
3

APPLICATION OF ATTORNEY Poonam Juneja FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Kristen Bishopp, D.S., D.Y., Disability Rights Washington, H.A., Julie Kellogg-Mortensen, Tara Urs (Fee Paid) Receipt No. AWAWDC-6907821 (Kas, Susan) (Entered: 01/28/2021)

Jan. 28, 2021 PACER
4

APPLICATION OF ATTORNEY Jean Strout FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Kristen Bishopp, D.S., D.Y., Disability Rights Washington, H.A., Julie Kellogg-Mortensen, Tara Urs (Fee Paid) Receipt No. AWAWDC-6907822 (Kas, Susan) (Entered: 01/28/2021)

Jan. 28, 2021 PACER
5

PRAECIPE TO SUBSTITUTE CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by Plaintiffs Kristen Bishopp, D.S., D.Y., Disability Rights Washington, H.A., Julie Kellogg-Mortensen, Tara Urs (Attachments: # 1 Complaint)(Kas, Susan) Modified on 1/29/2021 - strike per counsel, filed in error (MET). (Entered: 01/29/2021)

Jan. 29, 2021 PACER

Add and Terminate Judges

Feb. 1, 2021 PACER

Judge Barbara J. Rothstein added. (RE)

Feb. 1, 2021 PACER
6

Summons(es) Electronically Issued as to defendant(s) Ross Hunter. (RE) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
7

MOTION TO PROCEED USING PSEUDONYMOUS INITIALS, filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A.. (Attachments: # 1 Proposed Order)(Kas, Susan) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
8

ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Freya Pitts for plaintiffs D.S., D.Y.,Disability Rights Washington and H.A., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
9

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Poonam Juneja for plaintiffs D.S., D.Y., Disability Rights Washington and H.A., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
10

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jean Strout for plaintiffs D.S.,D.Y., Disability Rights Washington,and H.A., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
11

MINUTE ORDER: : The Court is in receipt of Plaintiffs' ex parte Motion to Proceed using Pseudonymous Initials. Dkt. No. 7 . The Court notes that Plaintiffs have offered no justification for proceeding ex parte on their Motion. The Court hereby ORDERS Plaintiffs to serve Defendants with the Motion. Defendants shall respond to the Motion no later than seven (7) days from the date they are served and Plaintiffs may reply in support of their motion no later than seven (7) days from the filing of Defendants' opposition. Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 02/02/2021)

Feb. 2, 2021 PACER

Order on Application for Leave to Appear Pro Hac Vice

Feb. 2, 2021 PACER

Order on Application for Leave to Appear Pro Hac Vice

Feb. 2, 2021 PACER

Order on Application for Leave to Appear Pro Hac Vice

Feb. 2, 2021 PACER

2 - Minute Order

Feb. 2, 2021 PACER
12

NOTICE of Appearance by attorney Daniel J Judge on behalf of Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Judge, Daniel) (Entered: 02/03/2021)

Feb. 3, 2021 PACER

Add and Terminate Attorneys

Feb. 4, 2021 PACER

Attorney William McGinty added as counsel for Ross Hunter and Washington State Department of Children Youth and Families per 12 Notice of Appearance. (PM)

Feb. 4, 2021 PACER
13

WAIVER OF SERVICE of Summons upon defendant All Defendants, mailed on 2/2/2021 (Judge, Daniel) Modified to add mailing date on 2/5/2021 (MW). (Entered: 02/04/2021)

Feb. 4, 2021 PACER
14

RESPONSE, by Defendants Ross Hunter, Washington State Department of Children Youth and Families, to 7 MOTION TO PROCEED USING PSEUDONYMOUS INITIALS . (Judge, Daniel) (Entered: 02/09/2021)

Feb. 9, 2021 PACER
15

MINUTE ORDER: The Court is in receipt of Plaintiffs' Motion to Proceed using Pseudonymous Initials, Dkt. No. 7, and Defendants' Response indicating that they do not oppose the Motion, Dkt. No. 14 . The Court hereby GRANTS the Motion. Plaintiffs shall provide Defendants the true identities of the three plaintiffs named in the complaint. Authorized by Judge Barbara J. Rothstein.(MW) (Entered: 02/10/2021)

Feb. 10, 2021 PACER

Order on Motion for Miscellaneous Relief

Feb. 10, 2021 PACER
16

STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 02/11/2021)

Feb. 11, 2021 PACER
17

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/25/2021, FRCP 26(f) Conference Deadline is 3/11/2021, Initial Disclosure Deadline is 3/18/2021. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 02/11/2021)

Feb. 11, 2021 PACER
18

NOTICE of Association of Attorney by James Richardson, III on behalf of Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Richardson, James) (Entered: 02/23/2021)

Feb. 23, 2021 PACER
19

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by D.S., D.Y., Disability Rights Washington, H.A. (Kas, Susan) (Entered: 03/01/2021)

March 1, 2021 PACER
20

NOTICE of Compliance re 17 Joint Status Report Order Form for District Judges, by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Judge, Daniel) (Entered: 03/18/2021)

March 18, 2021 PACER
21

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 16. (Kas, Susan) (Entered: 03/25/2021)

March 25, 2021 PACER
22

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 16 days. Bench Trial is set for 6/6/2022 at 09:30 AM before Judge Barbara J. Rothstein. Joinder of Parties due by 4/26/2021, Amended Pleadings due by 5/5/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/8/2021, Discovery completed by 12/8/2021, Dispositive motions due by 1/7/2022, Motions in Limine due by 5/2/2022, Joint Pretrial Statement due by 5/9/2022, Pretrial Conference set for 5/23/2022 at 10:30 AM before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 03/28/2021)

March 28, 2021 PACER
23

ANSWER to 1 Complaint by Ross Hunter, Washington State Department of Children Youth and Families.(Judge, Daniel) (Entered: 04/05/2021)

April 5, 2021 PACER
24

MOTION for Preliminary Injunction, filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A.. (Attachments: # 1 Proposed Order)(Kas, Susan) (Entered: 04/12/2021)

1 Proposed Order

View on PACER

April 12, 2021 RECAP
25

DECLARATION of SUSAN KAS filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
26

DECLARATION of SARAH EATON filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
27

DECLARATION of D.S. filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
28

DECLARATION of A.I. filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
29

DECLARATION of ANNE FARINA, PH.D., LISCW filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1)(Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
30

DECLARATION of KRISTEN BISHOPP filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER
31

DECLARATION of JULIE KELLOGG-MORTENSEN filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1)(Kas, Susan) (Entered: 04/12/2021)

April 12, 2021 PACER

Set/Reset Hearings

April 13, 2021 PACER

Set Hearing: Telephone Conference set for 4/13/2021 at 11:00 AM before Judge Barbara J. Rothstein. (GC)

April 13, 2021 PACER
32

MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Christopher Carney, Leecia Welch, Freya Pitts, Susan Kas; Def Counsel: Daniel Judge, James Richardson; CR: Nancy Bauer; Time of Hearing: 11:00AM; Telephone Conference held on 4/13/2021. Court discusses with the parties if there is a need to have the Defendant's respond more quickly. The Court does not change any deadlines. (GC) (Entered: 04/13/2021)

April 13, 2021 PACER

Telephone Conference

April 14, 2021 PACER
33

RESPONSE, by Defendants Ross Hunter, Washington State Department of Children Youth and Families, to 24 MOTION for Preliminary Injunction . (Attachments: # 1 Proposed Order)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
34

DECLARATION of Daniel J. Judge filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
35

DECLARATION of Kwesi Booker filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
36

DECLARATION of Steven Grilli filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
37

DECLARATION of Teresa Smith filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
38

DECLARATION of Colleen Stark-Bell filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
39

DECLARATION of Kyle Smith filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
40

DECLARATION of Sarah Tribble filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
41

DECLARATION of Emancia Gaines filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
42

DECLARATION of Erin Rains filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
43

SEALED DECLARATION of Lina West filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, SEALED # 2 Exhibit Attachment, SEALED # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, SEALED # 5 Exhibit Attachment E, SEALED # 6 Exhibit Attachment F, SEALED # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I)(Judge, Daniel) Modified on 5/10/2021 to seal the Declaration per LCR 5.2 (a)(2). Redacted version has been filed in dkt 49 (SR). Modified on 5/13/2021 to seal documents per LCR 5.2 (a)(2). Redacted versions have been filed in dkt 50 (SR). (Entered: 05/03/2021)

May 3, 2021 PACER
44

DECLARATION of Emily Ray filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
45

DECLARATION of Tamara Cordova filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
46

DECLARATION of Erik Applebee filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
47

DECLARATION of Shawna Miller filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
48

DECLARATION of Anita Teeter filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Judge, Daniel) (Entered: 05/03/2021)

May 3, 2021 PACER
49

PRAECIPE re 43 Declaration, of Lina West by Defendants Ross Hunter, Washington State Department of Children Youth and Families (Attachments: # 1 Corrected Declaration of Lina West)(Judge, Daniel) (Entered: 05/07/2021)

May 7, 2021 PACER
50

PRAECIPE re 49 Praecipe-Other, 43 Declaration,, of Lina West by Defendants Ross Hunter, Washington State Department of Children Youth and Families (Attachments: # 1 Corrected Attachment B to Declaration of Lina West, # 2 Corrected Attachment C to Declaration of Lina West, # 3 Corrected Attachment E to Declaration of Lina West, # 4 Corrected Attachment F to Declaration of Lina West, # 5 Corrected Attachment G to Declaration of Lina West)(Judge, Daniel) (Entered: 05/12/2021)

May 12, 2021 PACER
51

REPLY, filed by Plaintiff Disability Rights Washington, TO RESPONSE to 24 MOTION for Preliminary Injunction (Kas, Susan) (Entered: 05/17/2021)

May 17, 2021 PACER
52

Second DECLARATION of Susan Kas filed by Plaintiff Disability Rights Washington re 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Emails Regarding Plaintiff D.S., # 2 Exhibit OFCO 2019 Annual Report, # 3 Exhibit House Bill Report 2SHB 1219)(Kas, Susan) (Entered: 05/17/2021)

May 17, 2021 PACER
53

MOTION TO SUPPLEMENT RECORD ON MOTION FOR PRELIMINARY INJUNCTIVE RELIEF re 24 MOTION for Preliminary Injunction, 51 Reply to Response to Motion, filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A.. (Attachments: # 1 Proposed Order)(Kas, Susan) (Entered: 05/24/2021)

May 24, 2021 PACER
54

Third DECLARATION of SUSAN KAS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE RELIEF filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. re 53 MOTION TO SUPPLEMENT RECORD ON MOTION FOR PRELIMINARY INJUNCTIVE RELIEF re 24 MOTION for Preliminary Injunction, 51 Reply to Response to Motion, 24 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kas, Susan) (Entered: 05/24/2021)

May 24, 2021 PACER
55

MINUTE ORDER: The Court is in receipt of Plaintiffs' Motion to Supplement the Record. Dkt. No. 53 . Defendants shall indicate to the Court no later than Tuesday, June 1, 2021 whether they object to the Motion. Additionally, the Court hereby schedules a Preliminary Injunction hearing on Plaintiffs' Motion for Preliminary Injunction. Dkt. No. 24 . The Hearing is set for Monday, June 7, 2021, at 9am Pacific Time via Zoom. Details for accessing the hearing shall follow. Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 05/27/2021)

May 27, 2021 PACER

~Util - Set/Reset Deadlines/Hearings AND 2 - Minute Order

May 27, 2021 PACER
56

RESPONSE, by Defendants Ross Hunter, Washington State Department of Children Youth and Families, to 53 MOTION TO SUPPLEMENT RECORD ON MOTION FOR PRELIMINARY INJUNCTIVE RELIEF re 24 MOTION for Preliminary Injunction, 51 Reply to Response to Motion . (Attachments: # 1 Proposed Order)(Judge, Daniel) (Entered: 06/01/2021)

June 1, 2021 PACER
57

MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Susan Kas, Christopher Carney, Leecia Welch, Poonam Juneja; Def Counsel: Daniel Judge, Will McGinty; CR: Debbie Zurn; Time of Hearing: 9:00AM; Preliminary/Permanent Injunction Hearing via ZoomGov held on 6/7/2021. The Court hears oral argument on Plaintiff's MOTION FOR PRELIMINARY INJUNCTIVE RELIEF dkt. # 53 . The Court instructs counsel to meet and confer in order to present to the Court no later than Friday, June 18, 2021 with an agreed remedy addressing the outstanding problems with the Department's "Exceptional Placement" procedures. A written minute order to follow this entry. (GC) (Entered: 06/07/2021)

June 7, 2021 PACER
58

MINUTE ORDER: After hearing oral argument on Plaintiffs' Motion for Preliminary Injunction, the Court instructed counsel to meet and confer in order to present the Court no later than Friday, June 18, 2021 with an agreed remedy addressing the outstanding problems with the Department's "Exceptional Placement" procedures. Authorized by Judge Barbara J. Rothstein. (LH) (Entered: 06/07/2021)

June 7, 2021 PACER
59

TRANSCRIPT REQUEST by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. for proceedings held on 6/7/21 re 57 Preliminary/Permanent Injunction Hearing,,,. Requesting Attorney: Susan Linn Kas.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Debbie Zurn (debbie_zurn@wawd.uscourts.gov, 206-370-8504) to make payment arrangements and secure your desired delivery time. (Kas, Susan) (Entered: 06/07/2021)

June 7, 2021 PACER

Preliminary/Permanent Injunction Hearing

June 7, 2021 PACER

2 - Minute Order

June 7, 2021 PACER
60

Stipulated MOTION and Order Regarding Discovery Responses and Amendment to Scheduling Order, filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Judge, Daniel) (Entered: 06/09/2021)

June 9, 2021 PACER
61

ORDER granting Parties' 60 Stipulated Motion Regarding Discovery Responses and Amendment to Scheduling Order. Plaintiffs' Motion for Class Certification is to be filed on or by September 3, 2021. Defendants shall serve their responses and objections to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents on or by June 24, 2021. Signed by Judge Barbara J. Rothstein.(MW) (Entered: 06/10/2021)

June 10, 2021 RECAP
62

JOINT STATUS REPORT signed by all parties. (Attachments: # 1 Proposed Order)(Judge, Daniel) (Entered: 06/18/2021)

June 18, 2021 PACER
63

ORDER granting in part Plaintiffs' Motion for Preliminary Injunction. Defendants shall file a notice certifying that they have complied with the provisions of this Order by July 30, 2021, and subsequently submit a report to this Court every six months regarding its compliance. Signed by Judge Barbara J. Rothstein.(MW) (Entered: 06/29/2021)

June 29, 2021 RECAP
64

Agreed MOTION for Protective Order, filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (McGinty, William) (Entered: 07/08/2021)

July 8, 2021 PACER
65

STIPULATED PROTECTIVE ORDER re Parties' 64 Agreed Motion for Protective Order. Signed by Judge Barbara J. Rothstein. (LH) (Entered: 07/09/2021)

July 9, 2021 RECAP
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary/Permanent Injunction Hearing held on 6/7/2021 before Judge Barbara J. Rothstein.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 10/7/2021, (DZ) (Entered: 07/09/2021)

July 9, 2021 PACER
67

Stipulated MOTION and Proposed Order Regarding Discovery Responses and Amendment to Scheduling Order, filed by Plaintiffs D.S., D.Y., Disability Rights Washington, H.A.. (Kas, Susan) (Entered: 07/23/2021)

July 23, 2021 PACER
68

NOTICE of Compliance re 63 Order on Motion for Preliminary Injunction,, Order on Motion for Miscellaneous Relief,, by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Attachments: # 1 Exhibit A)(Judge, Daniel) (Entered: 07/30/2021)

July 30, 2021 PACER
69

ORDER granting Parties' 67 Stipulated Motion Regarding Discovery Responses and Amendment to Scheduling Order. Plaintiffs' Motion for Class Certification is to be filed on or by November 2, 2021. Discovery in this matter is stayed until August 27, 2021. Signed by Judge Barbara J. Rothstein.(MW) (Entered: 08/04/2021)

Aug. 4, 2021 RECAP
70

NOTICE of Compliance re 63 Order on Motion for Preliminary Injunction,, Order on Motion for Miscellaneous Relief,, by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Judge, Daniel) (Entered: 09/02/2021)

Sept. 2, 2021 PACER
71

APPLICATION OF ATTORNEY Elizabeth Douglas FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. (Fee Paid) Receipt No. AWAWDC-7244753 (Kas, Susan) Modified per counsel request, only representing Plaintiff D.S. on 9/10/2021 (STP). (Entered: 09/10/2021)

Sept. 10, 2021 PACER
72

APPLICATION OF ATTORNEY Laura Lin FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs D.S., D.Y., Disability Rights Washington, H.A. (Fee Paid) Receipt No. AWAWDC-7244788 (Kas, Susan) Modified per counsel request, only representing Plaintiff D.S. on 9/10/2021 (STP). (Entered: 09/10/2021)

Sept. 10, 2021 PACER
73

ORDER re 71 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth Suilin Pamela Douglas for Plaintiff D.S., by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(STP) (Entered: 09/10/2021)

Sept. 10, 2021 PACER
74

ORDER re 72 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Laura Kimberly Lin for Plaintiff D.S., by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(STP) (Entered: 09/10/2021)

Sept. 10, 2021 PACER

Order on Application for Leave to Appear Pro Hac Vice

Sept. 10, 2021 PACER
75

Stipulated MOTION and Order Regarding Definition of Class Action and Amendment to Scheduling Order, filed by Defendants Ross Hunter, Washington State Department of Children Youth and Families. (Judge, Daniel) (Entered: 09/17/2021)

Sept. 17, 2021 PACER
76

Notice of Change of Address/Change of Name

Sept. 21, 2021 PACER
77

STIPULATION AND ORDER granting Parties' 75 Stipulated Motion Regarding Definition of Class Action and Amendment to Scheduling Order. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/7/2022, Discovery to be completed by 2/7/2022, Dispositive motions due by 3/8/2022. Signed by Judge Barbara J. Rothstein. (SB)

Sept. 22, 2021 RECAP
78

Notice of Appearance

Dec. 6, 2021 PACER
79

Miscellaneous Relief

Dec. 9, 2021 PACER
80

ORDER re Parties' 79 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER. Signed by Judge Barbara J. Rothstein.(MW)

Dec. 16, 2021 RECAP
81

Stipulated Motion

Dec. 18, 2021 PACER
82

ORDER granting Parties' 81 Stipulated MOTION Regarding Amendment to Scheduling Order. Bench Trial (16 days) is set for 10/4/2022 before Judge Barbara J. Rothstein. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/ 7/2022, Discovery to be completed by 5/9/2022, Dispositive motions due by 6/10/2022, Motions in Limine due by 8/30/2022, Joint Pretrial Statement due by 9/6/2022, Pretrial Conference set for 9/20/2022 before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein.(MW)

Dec. 22, 2021 RECAP
83

Notice of Withdrawal of Counsel

Jan. 13, 2022 PACER
84

Notice of Attorney Association

Jan. 15, 2022 PACER

State / Territory: Washington

Case Type(s):

Child Welfare

Key Dates

Filing Date: Jan. 28, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children with behavioral health and developmental disabilities in the care of Washington State's Department of Children, Youth, and Families, along with Disability Rights Washington

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Washington State Department of Children, Youth, and Families, 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.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - 2022

Content of Injunction:

Preliminary relief granted

Recordkeeping

Required disclosure

Issues

General:

Classification / placement

Family reunification

Food service / nutrition / hydration

Juveniles

Neglect by staff

Parents (visitation, involvement)

Placement in mental health facilities

Placement in shelters

Discrimination-basis:

Disability (inc. reasonable accommodations)

Family discrimination

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Autism

Depression

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis