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FILE NO., COURT, DATE FILED
CV-02-05662 (C.D. Cal., July 18, 2002)
CASE UPDATE
The Panel’s fifth and most recent report, issued August 16, 2005, finds that Los Angeles County has failed to adequately address the mental health needs of children in its care. Read more>
Los Angeles County Settlement
In 2003, Los Angeles County settled its portion of the law suit. The settlement obligates the County to a number of comprehensive reforms including prompt provision of individualized, community-based services and immediate closure of the MacLaren Children's Center. 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.
The settlement also created an expert advisory panel to monitor and report on DCFS's effort. In its fifth, and most recent, report to the court, issued August 16, 2005, the panel found that L.A. County had failed to adequately address the mental health needs of the children in its care. On February 16, 2005 Plaintiffs filed a motion to compel L.A. County to comply with the settlement. The judge denied the motion, but nevertheless refused to deem the county in compliance with the settlement agreement. Parties will meet at a status conference in August 2006 regarding these compliance concerns. Read more>
Preliminary Injunction Granted
In the ongoing lawsuit against the state, plaintiffs filed a Motion for Preliminary Injunction, on September 9, 2005, to compel the California Departments of Health Services, Social Services and Mental Health to make individualized, community-based mental health services available to all class members on a consistent, statewide basis. In a landmark decision, the court granted the Preliminary Injunction on March 14, 2006, ordering California to provide wraparound services and therapeutic foster care (TFC) to thousands of children in or at risk of foster care placement. Read more>
CASE BACKGROUND
This class action lawsuit was filed against Los Angeles County's Department of Children and Family Services (DCFS) and California's Department of Social Services and Department of Health Services to end statutory and constitutional violations of the rights of California's foster children.
The suit challenges county and state agencies for neglecting their duties to provide necessary and legally mandated health care services to treat the mental health conditions of children.
Plaintiffs seek declaratory and injunctive relief 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.
ADDITIONAL CASE INFORMATION
Citation
None
Clearing house review no.
54,846
Attorneys for Plaintiffs
Mark D. Rosenbaum
American Civil Liberties Union of Southern California
1616 Beverly Boulevard
Los Angeles, CA 90026-5752
(213) 977-9500
Fax: (213) 250-3919
mrosenbaum(at)aclu-sc.org
Melinda Bird
Marilyn Holle
Protection & Advocacy, Inc.
3580 Wilshire Boulevard, Suite 902
Los Angeles, CA 90010-2512
(213) 427-8747
Fax: (213) 427-8767
melinda(at)pai-ca.org
Patrick Gardner
Leecia Welch
National Center for Youth Law
405 14th Street, 15th Floor
Oakland, CA 94612
(510) 835-8098
Fax: (510) 835- 8099
pgardner(at)youthlaw.org
Ira Burnim
Alison Barkoff
Bazelon Center for Mental Health Law
1101 Fifteenth Street, NW, Suite 1212
Washington, DC 20006
(202) 467-5730
Fax: (202) 223-0409
irab(at)bazelon.org
Ronald C. Peterson
Alissa Kolek
Heller Ehrman White & McAuliffe
601 S. Figueroa Street, 40th Floor
Los Angeles, CA 90017
(213) 689-0200
Fax: (213) 614-1868
rpeterson(at)hellerehrman.com
Robert D. Newman
Kimberly Lewis
Western Center for Law and Poverty
3701 Wilshire Boulevard, Suite 208
Los Angeles, CA 90010
(213) 487-7211
Fax: (213) 487-0242
rnewman(at)wclp.org
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