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Each day thousands of foster children in California are needlessly confined in institutions or large group homes because they cannot get the mental health services they are entitled to under federal law.
The National Center for Youth Law (NCYL) is co-counsel in the case of Katie A. v. Bontá, a child welfare reform class action against the California Department of Health Services (DHS), Los Angeles County’s Department of Children and Family Services (DCFS), and the California Department of Social Services (CDSS). Advocates seek the establishment and implementation of a community-based mental health service delivery system for California’s children in state foster care or at imminent risk of out-of-home placement.
The plaintiffs brought suit for declaratory and injunctive relief against the State and L.A. County on July 18, 2002 under provisions of the Medicaid Act, the Due Process Clause of the Fourteenth Amendment, the Americans with Disabilities Act, the Rehabilitation Act, and other state statutes. The suit challenges the County and State agencies for neglecting their duties to provide necessary and legally mandated health care services to treat the mental health conditions of California’s foster children. On June 19, 2003, the Court granted certification of class status.
L.A. County entered into negotiations and settled in March of 2003. The settlement obligates the County to a number of comprehensive reforms, including better identification of mental health needs, enhancement of permanency planning, and prompt provision of individualized services designed to promote stability and ensure quality care for children in custody. Plaintiffs also succeeded in committing the County to offering family-based wraparound services to children with mental, emotional, or behavioral issues with the aim of facilitating family reunification and reducing multiple and arbitrary placements. Finally, the settlement mandated the immediate closure of the MacLaren Children’s Center and the rerouting of its funding to family- and community-based programs.
Plaintiffs continue to monitor implementation of the settlement agreement with L.A. County. On September 15, 2005, plaintiffs invoked the dispute resolution process set forth in the settlement agreement and requested to meet with the county regarding compliance with the terms of the agreement. On October 5, 2005, plaintiffs met with the county and other county stakeholders regarding various compliance concerns.
The state agencies did not participate in the settlement. Accordingly, the lawsuit against them is on-going. Fact discovery against the state agencies closed in late 2004. Expert discovery continues, and no deadlines have yet been set by the court. On September 9, 2005, plaintiffs filed a Motion for Preliminary Injunction to compel the California Departments of Health Services, Social Services and Mental Health to make wraparound services and therapeutic foster care available to all class members on a consistent statewide basis through the Medi-Cal program or other means. A hearing on the motion was set for October 31, 2005. The court has taken the motion under submission.
Counsel: Patrick Gardner, Sara Woodward, Leecia Welch, NCYL, the ACLU of Southern California, the Western Center on Law & Poverty, Protection and Advocacy, Inc., the David L. Bazelon Center for Mental Health Law, and Heller Ehrman White & McAuliffe, LLP.
Updated Dec. 20, 2005
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