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Case: David C. v. Leavitt

2:93-cv-00206 | U.S. District Court for the District of Utah

Filed Date: Feb. 2, 1993

Closed Date: Dec. 31, 2008

Clearinghouse coding complete

Case Summary

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 …

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)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/2164413/parties/david-c-v-leavitt/


Judge(s)

Alba, Samuel (Utah)

Campbell, Tena (Utah)

Murphy, Michael R. (Minnesota)

Winder, David Keith (Utah)

Attorneys(s) for Plaintiff

Ancar, Katina (California)

Bussiere, Alice (California)

Cheng, Michelle Lee (California)

Clark, Stephen C. (California)

Dresser, Gregory P. (California)

Finberg, Jeanne (California)

Judge(s)

Alba, Samuel (Utah)

Campbell, Tena (Utah)

Murphy, Michael R. (Minnesota)

Winder, David Keith (Utah)

Attorneys(s) for Plaintiff

Ancar, Katina (California)

Bussiere, Alice (California)

Cheng, Michelle Lee (California)

Clark, Stephen C. (California)

Dresser, Gregory P. (California)

Finberg, Jeanne (California)

Gold, Jana G. (California)

Grimm, William L. (California)

Hamm, Darryl L. (California)

Kaplan, Daniel (District of Columbia)

Matthews, Martha (California)

McElhinny, Harold J. (California)

McElroy, Patrice (California)

Morgan, D. James (Utah)

O'Brien, Michael Patrick (Utah)

O'Toole, John F. (California)

Palamountain, Kathryn C. (California)

Pearl, Richard M (California)

Steyer, Elizabeth (California)

Thau, Stephen B. (California)

Wadsworth, H. Wayne (Utah)

Welch, Leecia (California)

Attorneys(s) for Defendant

Aeschbacher, Steven J. (Utah)

Balmanno, Alain (Utah)

Barlow, Craig L. (Utah)

Burnett, Brent A. (Utah)

Clawson, Carol (Utah)

Dever, L. A. (Utah)

Eisenman, Susan (Utah)

Graham, Jan (Utah)

Hagan, Scott A. (Utah)

Jardine, James S. (Utah)

Jones, Joni J. (Utah)

Luinstra-Baldwin, Linda (Utah)

Mitchell, Annina M. (Utah)

Nichols, Carolyn (New Mexico)

Ochoa, Barbara H. (Utah)

Peterson, John M. (Utah)

Pugsley, Philip C. (Utah)

Saperstein, Herschel J. (Utah)

Shurtleff, Mark L. (Utah)

Springmeyer, Douglas W. (Utah)

Stringham, Reed M. III (Utah)

Waterman, Steven T. (Utah)

Documents in the Clearinghouse

Document

2:93-cv-00206

Docket (PACER)

Jan. 5, 2009

Jan. 5, 2009

Docket
33

2:93-cv-00206

Order

May 7, 1993

May 7, 1993

Order/Opinion

2:93-cv-00206

Memorandum Decision and Order Granting Plaintiffs' Motion for Award of Attorneys' Fees and Costs

July 3, 1995

July 3, 1995

Order/Opinion
378

2:93-cv-00206

Order

Aug. 4, 1998

Aug. 4, 1998

Order/Opinion

99-04223

Opinion

U. S. Court of Appeals for the Tenth Circuit

March 9, 2001

March 9, 2001

Order/Opinion

00-01840

Memorandum Decision

Leavitt v. David C.

Supreme Court of the United States

Oct. 1, 2001

Oct. 1, 2001

Order/Opinion
517

2:93-cv-00206

Stipulation to Enter Order to Enforce the Court's 1999 Remedial Order and Settlement Agreement

March 17, 2003

March 17, 2003

Pleading / Motion / Brief
518

2:93-cv-00206

Order

March 17, 2003

March 17, 2003

Order/Opinion
570

2:93-cv-00206

Defendants' November 2006 Status Report

David C. v. Governor of Utah

Nov. 8, 2006

Nov. 8, 2006

Pleading / Motion / Brief
580

2:93-cv-00206

Agreement to Terminate the Lawsuit

David C. v. Huntsman

May 11, 2007

May 11, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2164413/david-c-v-leavitt/

Last updated Dec. 3, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge DKW Receipt #: ifp (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER
2

Motion by David C. for protective order re: use of pseudomyms (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER

Motion by David C. for William L. Grimm to appear pro hac vice

Feb. 25, 1993

Feb. 25, 1993

PACER

Motion by David C. for Elizabeth Steyer to appear pro hac vice

Feb. 25, 1993

Feb. 25, 1993

PACER

Motion by David C. for Patrice McElroy to appear pro hac vice

Feb. 25, 1993

Feb. 25, 1993

PACER
3

Order granting [0-1] motion for William L. Grimm to appear pro hac vice signed by DKW, 3/2/93; cc:attys (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

PACER
4

Order granting [0-1] motion for Patrice McElroy to appear pro hac vice signed by DKW, 3/2/93 (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

PACER
5

Order granting [0-1] motion for Elizabeth Steyer to appear pro hac vice signed by DKW, 3/2/93; cc:attys (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

PACER
6

Order of Reference referring case to Mag pursuant to 28 USC 636(b0(1)(B) signed by DKW, 3/16/93; cc:attys (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER
7

Motion by David C. for leave to file overlength memo in support of mot/to certify class action (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER
8

Order granting [7-1] motion for leave to file overlength memo in support of mot/to certify class action signed by DKW, 3/16/93; cc:attys (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER
9

Motion by David C. to certify class action (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER
10

Memorandum by David C. in support of [9-1] motion to certify class action (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

PACER

Motion by David C. for Martha Matthews to appear pro hac vice

March 17, 1993

March 17, 1993

PACER
11

Order granting [0-1] motion for Martha Matthews to appear pro hac vice signed by DKW, 3/18/93; cc:attys (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

PACER
12

Case referred to Judge Samuel Alba (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

PACER
13

Acknowledgement of service as to Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson 3/15/93 Answer due on 4/5/93 for Barbara Thompson, for Ronald Stromberg, for Michael Stewart, for Michael Leavitt (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

PACER
14

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) Modified on 04/08/1993 (Entered: 04/06/1993)

April 5, 1993

April 5, 1993

PACER
15

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in support of [14-1] motion to extend time to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) (Entered: 04/06/1993)

April 5, 1993

April 5, 1993

PACER
16

Memorandum by David C. in opposition to [14-1] motion to extend time to resp to pla's mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) (Entered: 04/08/1993)

April 7, 1993

April 7, 1993

PACER
17

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson for protective order re: gov't records access and management act requests (Entered: 04/13/1993)

April 13, 1993

April 13, 1993

PACER
18

Notice of Hearing filed by defendant Michael Leavitt, defendant Michael Stewart, defendant Ronald Stromberg, defendant Barbara Thompson : Motion hearing set for 1:30 4/16/93 for [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) JUDGE: SA (ce) (Entered: 04/15/1993)

April 14, 1993

April 14, 1993

PACER
19

Minute entry:, Motion hearing held for [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) granting in part, denying in part [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93), Response to motion set for 4/22/93 for [9-1] motion to certify class action, Reply to Response to Motion set to 4/27/93 [9-1] motion to certify class action, Motion hearing set for 2:00 4/30/93 for [9-1] motion to certify class action ; Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 04/16/1993)

April 16, 1993

April 16, 1993

PACER
20

Notice of Hearing filed : Motion hearing set for 2:00 4/30/93 for [9-1] motion to certify class action JUDGE: SA; cc:attys (Entered: 04/19/1993)

April 16, 1993

April 16, 1993

PACER
21

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in opposition to [9-1] motion to certify class action (Entered: 04/23/1993)

April 22, 1993

April 22, 1993

PACER
22

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip to extend time to 5/4/93 for dfts to respond to cmplt (Entered: 04/23/1993)

April 22, 1993

April 22, 1993

PACER
23

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re atty-client communication (Entered: 04/23/1993)

April 22, 1993

April 22, 1993

PACER
24

Notice of address of Craig L.Barlow and Linda Luinstra by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 04/23/1993)

April 23, 1993

April 23, 1993

PACER
25

Order granting [23-1] stipulation motion stip for protective order re atty-client communication signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

PACER
26

Order granting [2-1] motion for protective order re: use of pseudomyms signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

PACER
27

Order granting [22-1] stipulation motion stip to extend time to 5/4/93 for dfts to respond to cmplt, answer due set for 5/4/93 for Barbara Thompson, for Ronald Stromberg, for Michael Stewart, for Michael Leavitt signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

PACER
28

Reply by David C. to response to [9-1] motion to certify class action (Entered: 04/28/1993)

April 27, 1993

April 27, 1993

PACER
29

Minute entry:, Motion hearing held for [9-1] motion to certify class action [9-1] motion to certify class action taken under advisement. Crt will issue a written ruling by 5/6/93. Judge: Samuel Alba Court Reporter: Electronic & Pam Smith Court Deputy: Kathlyn Shauklas (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER
30

Order, extending time to file response to cmplt. Dfts shall file response w/i 10 days after they are notified in writing by cnsl for plas that response should be filed, terminated deadlines signed by SA, 4/30/93; cc:attys (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER
31

Amended Protective Order re: [2-1] motion for protective order re: use of pseudomyms signed by SA, 4/30/93; cc:attys (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER
32

SEALED DOCUMENT (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

PACER
33

Order granting [9-1] motion to certify class action; Class defined as 1. all children who are now or who will be in the custody of DHS and who have bben or who will be placed by DHS in a shelter care facility, foster-family home, group home or institutional care; and 2. all children who are or who will be known to DHS by virtue of a report of abuse or neglect signed by SA, 5/7/93; cc:attys (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

Clearinghouse
34

Objections by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson [33-1] order re: class certification. (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER

Transcript of Proceedings-Motion to Certify a Class Action for dates of 4/30/93 before SA.

May 25, 1993

May 25, 1993

PACER
35

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re: health care information about members of pla class (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

PACER
36

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order (Entered: 06/03/1993)

June 2, 1993

June 2, 1993

PACER
37

Order granting [35-1] stipulation motion stip for protective order re: health care information about members of pla class, granting [36-1] stipulation motion stip for protective order signed by SA, 6/2/93; cc:attys (Entered: 06/03/1993)

June 2, 1993

June 2, 1993

PACER
38

Certificate of service of 1st interrog and req for prod/docs by David C. (Entered: 09/14/1993)

Sept. 13, 1993

Sept. 13, 1993

PACER
39

Notice by David C. to take deposition of Medical Records of The Children's Center, Primary Children's Medical Center, 10/22/93. (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
40

Return of service of depo subpoenas as to Records Librarian of The Children's Center c/o Laura McKee and of Primary Children's Medical Center c/o Natalie Akers executed 10/7/93. (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
41

Certificate of service of objs and responses to plas' 1st req for prod/docs and objs to plas' 1st interrog by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 10/14/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
42

Notice of filing receipt of copy of dfts' ans to plas' 1st interrog by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 10/18/1993)

Oct. 15, 1993

Oct. 15, 1993

PACER
43

Return of service executed on Wayne Walsh on 11/23/93 for subpoena for prod of docs. (ss) (Entered: 11/26/1993)

Nov. 23, 1993

Nov. 23, 1993

PACER
44

Return of service of subpoena as to Wayne Welsh executed 11/23/93 (Entered: 12/01/1993)

Nov. 30, 1993

Nov. 30, 1993

PACER
45

Certificate of service of responses to 1st req for prod/docs by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 12/08/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
46

Certificate of service of amd response to plas' 1st req for prod/docs by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 12/08/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
47

Notice by David C. to take deposition of Colleen Woodbury & James Maxwell set for 1/6/94 (ce) (Entered: 12/28/1993)

Dec. 23, 1993

Dec. 23, 1993

PACER
48

Amended Notice by David C. to take deposition of Colleen Woodbury James Maxwell reset for 1/6/94 (ce) (Entered: 12/29/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
49

Return of service executed of Subpoena as to Colleen Woodbury, James Maxwell exec 12/23/93 (Entered: 12/29/1993)

Dec. 29, 1993

Dec. 29, 1993

PACER
50

Ntc of issuance of subp pursuant to Rule 45 FRCP District Court: Utah by plaintiff David C. re: subpoena duces tecum to custodian of records of Pioneer Valley Hosp on 1/13/94. (Entered: 01/14/1994)

Jan. 13, 1994

Jan. 13, 1994

PACER
51

Notice by David C. to take deposition duces tecum of Larry Maxwells, custodian of records of Salt Lake Cnty Sheriff's Office, 1/19/94 (Entered: 01/20/1994)

Jan. 19, 1994

Jan. 19, 1994

PACER
52

Return of service of subpoena duces tecum as to Pioneer Valley Hospital c/o Rosemary Martinez executed 1/13/94 (Entered: 01/20/1994)

Jan. 19, 1994

Jan. 19, 1994

PACER
53

Return of service of subpoena as to Larry Maxwells of SL Cnty sheriff's executed 1/19/94. (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

PACER
54

Notice of filing by David C. re issuance of subp duces tecum upon custodian of records of the West Valley Police Dept; custodian of records of Primary Children's Med Cntr (ce) (Entered: 04/14/1994)

April 13, 1994

April 13, 1994

PACER
55

Notice of filing by David C.: notice of issuance of subp upon State of Utah, Dept of Human Svcs c/o Kerry Steadman, 4/14/94; custodian of records of Dept. of Human Svc, 4/14/94 (ce) (Entered: 04/15/1994)

April 14, 1994

April 14, 1994

PACER
56

Notice by David C. to take deposition of designated employees of the State of Utah, Dept of Human Svcs, 4/21/94 (ce) (Entered: 04/15/1994)

April 14, 1994

April 14, 1994

PACER
57

Return of service executed re subp duces tecum served on Custodian of Records, West Valley Police Dept, 4/13/94; Custodian of Records, Primary Children's Medical Center, 4/13/94; Custodian of Records, West Valley Police Dept, 4/13/94 (ce) (Entered: 04/18/1994)

April 15, 1994

April 15, 1994

PACER
58

Return of service executed re subp served on State of Utah, Dept of Human Svcs c/o Tina Braby, 4/14/94 (ce) (Entered: 04/19/1994)

April 19, 1994

April 19, 1994

PACER
59

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to quash subp duces tecum served on Jack Green (ce) (Entered: 04/20/1994)

April 19, 1994

April 19, 1994

PACER
60

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in support of [59-1] motion to quash subp duces tecum served on Jack Green (ce) (Entered: 04/20/1994)

April 19, 1994

April 19, 1994

PACER
61

Certificate of service by David C. re issuance of subp duces tecum served on custodian of records of Dr. Rob Lindsay; custodian of records of FHP on 4/26/94 (ce) (Entered: 04/27/1994)

April 26, 1994

April 26, 1994

PACER
62

Return of service executed re subp served on Custodian of Records, Dr. Rob Lindsay, 4/26/94; Custodian of Records, FHP c/o Karen Busby, 4/26/94 (ce) (Entered: 05/02/1994)

April 28, 1994

April 28, 1994

PACER
63

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re confidential doc (ce) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

PACER
64

Order granting [63-1] stipulation motion stip for protective order re confidential doc signed by SA, 5/19/94. cc: atty (ce) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

PACER

Status conference set at 8:30 6/3/94 (kj)

May 24, 1994

May 24, 1994

PACER
65

Additional Exhibits filed by plaintiff David C. RE: for joint report to crt & mot/for prel approval of settlement (ce) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

PACER
66

Notice of filing by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson Joint Report to the Court (ce) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

PACER
67

Minute entry:, preliminary settlement hearing held, pla rep by William L. Grimm, Patrice McElroy, Michael O'Brien, & Daniel Kaplan, dft rep by Linda Luinstra-Baldwin; prelim sttlmt agreement approved by Court & Court executed prelim sttlmt order; Mr. O'Brien submitted a videotape of TV coverage (exhibit G); final settlement hearing set for 8:30 8/26/94 ; Judge: DKW Court Reporter: Ray Fenlon Court Deputy: Kim Jones (kj) (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

PACER
68

Receipt re: return of exhibits for storage, exibit G (kj) (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

PACER
69

Order granting [66-1] motion for preliminary approval of settlement signed by DKW, 6/3/94. A final hrg for approval of settlement set for 8/26/94 at 8:30 a.m. cc: atty (ce) (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

PACER

Settlement conference set on 8:30 8/26/94 (ce)

June 3, 1994

June 3, 1994

PACER

Status conference set at 8:30 8/29/94 (kj)

June 7, 1994

June 7, 1994

PACER
70

Amended Notice of Hearing filed : settlement conference reset for 8:00 8/29/94 JUDGE: DKW. cc: atty (ce) (Entered: 06/10/1994)

June 10, 1994

June 10, 1994

PACER
71

Notice of filing by David C.: Submission of addt'l community group endorsements of settlement agreement (ce) (Entered: 06/15/1994)

June 15, 1994

June 15, 1994

PACER
72

Notice of attorney appearance, pro se by Lynn A. Jenkins I by (ce) (Entered: 06/15/1994)

June 15, 1994

June 15, 1994

PACER
73

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip to extend time for parties to negotiate & attempt to reach a settlement re amt of atty fees & costs to be paid in this matter - until 7/29/94 (ce) (Entered: 06/24/1994)

June 24, 1994

June 24, 1994

PACER
74

Order granting [73-1] stipulation motion stip to extend time for parties to negotiate & attempt to reach a settlement re amt of atty fees & costs to be paid in this matter - until 7/29/94 signed by DKW, 6/24/94. cc: atty (ce) (Entered: 06/24/1994)

June 24, 1994

June 24, 1994

PACER
75

Joint motion by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to substitute party: delete Mike Stewart & add Kerry Steadman as the Exec Director of the Utah Dept of Human Svcs; delete Ronald Stromberg & delete Barbara Thompson & add Mary Noonan as the Director of the DHS Div of Family Svcs (ce) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

PACER
76

Order granting [75-1] joint motion to substitute party: delete Mike Stewart & add Kerry Steadman as the Exec Director of the Utah Dept of Human Svcs; delete Ronald Stromberg & delete Barbara Thompson & add Mary Noonan as the Director of the DHS Div of Family Svcs signed by DKW, 6/25/94. cc: atty (ce) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

PACER
77

Notice of filing selection of settlement agreement monitoring panel by David C. (ce) (Entered: 07/08/1994)

July 8, 1994

July 8, 1994

PACER
78

Letter to DKW from Michael Patrick O'Brien, Esq., cnsl for pla re possible settlement of issue of award of atty fees/costs & an extension of time until 8/29/94 re: this matter. DKW has no objections. (ce) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

PACER
80

Affidavit of Mary T. Noonan (ce) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

PACER
81

Affidavit of Terry Twitchell (ce) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

PACER
79

Objections by Lynn A. Jenkins I to proposed settlement (ce) (Entered: 08/26/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
82

Additional Exhibit filed by plaintiff David C. to memo in supp of mot/final approval of class action settlement (ce) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
83

Notice of filing by David C. Additional Public Comments on Settlement Agreement (ce) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
86

Motion to intervene by Scott H. Clark (ce) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
87

Memorandum by Scott H. Clark in support of [86-1] motion to intervene by Scott H. Clark (ce) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
84

Order of final approval of settlement agreement signed by DKW, 8/29/94. For particulars, see order in file. cc: atty (ce) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
85

Order re settlement agreement & terms thereof signed by DKW, 8/29/94. For details, see order in file. cc: atty (ce) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
88

Minute entry:, for settlement conference . This hrg is re the jt mot for final approval of the class action settlement. Mr.O'Brian summarizes the contents of the settlement which seeks declaratory and injunctive relief only. The Ct invites comments from those who are present for this hrg and obj to the form of settlement and reviews the written objs. Scott H.Clark's mot/intervene, filed August 26,1994 is discussed, however the Ct will not rule on it. It is the ord of the Ct that the settlement agreement be approved as a binding resolution to this complaint, and the order of final approval of settlement is executed. The Ct further approves the second ord and signs that which has attached to it, a true copy of the May 17,1994 agreement. ; Judge: David K. Winder Court Reporter: Ray Fenlon Court Deputy: LaRene Christensen (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER

CASE NO LONGER REFERRED TO Judge Samuel Alba (ce)

Aug. 29, 1994

Aug. 29, 1994

PACER

Case closed (ce)

Aug. 29, 1994

Aug. 29, 1994

PACER
89

Joint motion by David C., Michael Leavitt, Kerry Steadman, Mary Noonan for final approval of class action settlement (ce) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

PACER
90

Memorandum by David C., Michael Leavitt, Kerry Steadman, Mary Noonan in support of [89-1] joint motion for final approval of class action settlement (ce) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

PACER

Case Details

State / Territory: Utah

Case Type(s):

Child Welfare

Special Collection(s):

Court-ordered receiverships

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):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Utah, State

Utah Department of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

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: 1993 - 2007

Content of Injunction:

Receivership

Hire

Other requirements regarding hiring, promotion, retention

Reporting

Monitor/Master

Recordkeeping

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

Issues

General:

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Inadequate citizen complaint investigations and procedures

Incident/accident reporting & investigations

Parents (visitation, involvement)

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Youth / Adult separation

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified