Filed Date: Feb. 2, 1993
Closed Date: Dec. 31, 2008
Clearinghouse coding complete
This lawsuit was filed by the National Center of Youth Law on February 2, 1993, against the Utah Department of Human Services (DHS), in the U.S. District Court for the District of Utah. The class action complaint named as the plaintiff class all children in the custody of DHS, whether in a shelter care facility, foster family home, group home, or institutional care; and all children who known to DHS by virtue of a report of child abuse. It addressed systemic issues encompassing the shortfalls of child welfare services and the foster care system including child abuse and neglect investigations; placements; health and mental health care; caseloads and staff training; and case planning, case review, and permanency planning.
In May 1993, a settlement agreement was reached between the parties and approved by the district court (Magistrate Judge Samuel Alba). However, three years later, the defendants had managed to comply with only four of the settlement agreement's 95 components. In 1996, the plaintiffs filed a motion to enforce the settlement agreement and appoint a receiver. The court agreed that the defendant was in contempt and approved the motion for preparation for a Comprehensive Plan to enforce the settlement, but declined to appoint a receiver.
In 1998, the settlement agreement was extended for another four years with an order from Judge Campbell retaining jurisdiction. Additionally, the judge ordered the implementation of the Comprehensive Plan including a Monitoring Panel from the Child Welfare Policy & Practice Group. The order was appealed and affirmed by the Tenth Circuit.
On November 9, 2001, defendants filed a motion to dismiss based on the Tenth Circuit's initial holding in Joseph A. v. Ingram, 262 F.3d 1113 (10th Cir. 2001), opinion withdrawn and superseded on rehearing in part by Joseph A. v. Ingram, 275 F.3d 1253 (10th Cir. 2002). Plaintiffs filed an opposition brief. Based on the Tenth Circuit's reversal of its prior decision in Joseph A., defendants voluntarily withdrew their motion.
On August 22, 2002, the plaintiffs filed a motion to enforce the settlement after years of noncompliance. Rather than make a judgment, Judge Campbell ordered the parties to renegotiate a solution identifying areas for improvement. The renegotiation included stipulations requiring more trainers and the hiring of 45 new caseworkers in addition to implementing an easier procedure for caseworkers to access funding for their cases. The renegotiated "Milestone Plan" was twice amended on June 9, 2004 and July 12, 2005.
In December 2006, the parties negotiated a new settlement in contemplation of dismissing the lawsuit. The parties finalized the Agreement to Terminate the Lawsuit on May 11, 2007. The case was dismissed with prejudice on December 31, 2008.
Summary Authors
Ariana Fink (12/10/2012)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2164413/parties/david-c-v-leavitt/
Alba, Samuel (Utah)
Ancar, Katina (California)
Aeschbacher, Steven J. (Utah)
Balmanno, Alain (Utah)
Barlow, Craig L. (Utah)
Cheng, Michelle Lee (California)
Clark, Stephen C. (California)
Dresser, Gregory P. (California)
Grimm, William L. (California)
Kaplan, Daniel (District of Columbia)
McElhinny, Harold J. (California)
O'Brien, Michael Patrick (Utah)
Palamountain, Kathryn C. (California)
See docket on RECAP: https://www.courtlistener.com/docket/2164413/david-c-v-leavitt/
Last updated Dec. 20, 2024, 2:34 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Utah
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Key Dates
Filing Date: Feb. 2, 1993
Closing Date: Dec. 31, 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All children who are or will be in the custody of DHS and who have been or will be placed by DHS in a shelter care facility, foster family home, group home or institutional care; and, all children who are known to DHS by virtue of a report of child abuse
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Utah Department of Human Services, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Goals (e.g., for hiring, admissions)
Order Duration: 1993 - 2007
Issues
General/Misc.:
Foster care (benefits, training)
Incident/accident reporting & investigations
Parents (visitation, involvement)
Siblings (visitation, placement)
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Medical/Mental Health Care:
Mental health care, unspecified
Policing: