DOJ Mental Health Olmstead Settlment Agreements (Children & Youth)
West Virginia Department of Health and Human Resources | (PDF) – On June 1, 2015, the United States sent its findings to the state stating it violates the Americans with Disabilities Act and Olmstead v. L.C. by failing to deliver mental health services to children who rely on publicly funded care in the most integrated settings appropriate. Children in West Virginia experience high levels of institutionalization per capita and are unable to access mental health services in their homes and communities.
Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc. – 2:13-cv-00519 – (S.D. Ala. 2014)
On October 14, 2014 the United States filed a Statement of Interest in Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc., a case in which the defendant denied access to the local protection and advocacy organization. The Statement of Interest expresses the United States' view that facilities must permit access under the Protection and Advocacy for Individuals with Mental Illness Act to all residents regardless of whether the facility characterizes some residents as having a less serious mental health disorder than others.
Statement of Interest (Word) | (PDF) - filed October 14, 2014
Troupe v. Barbour – 10-CV-00153 – (S.D. Miss. 2010)
The United States filed a Statement of Interest opposing Mississippi officials' Motion to Dismiss the complaint of Medicaid-eligible children with significant behavioral disorders who allege that the State of Mississippi fails to ensure that medically necessary services are provided to Medicaid-eligible children in the most integrated setting appropriate to their needs in violation of the ADA and the EPSDT provisions of the Medicaid Act.
The motion to dismiss was heard by a magistrate judge who ruled in favor of the State and recommended dismissal of the Medicaid EPSDT claim. The plaintiffs filed an objection with the District Court, and the United States filed another Statement of Interest. The State responded to plaintiffs' objection. The Objection is pending before the Court.
U.S. Statement of Interest to Clarify Meaning of EPSDT Statute (Word) | (PDF) - filed September 6, 2013
U.S. Statement of Interest in Opposition to the Defendants' Motion to Dismiss (Word) | (PDF) - filed April 8, 2011Katie A. v. Douglas – CV-02-05662 AHM (SHX) – (C.D. Cal. 2011) (Formerly Katie A. v. Bonta)
On November 18, 2011, Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement were filed in support of the parties' agreement to the manner in which the State will provide an array of intensive, community-based mental health services to Medi-Cal eligible foster children or children at-risk of entry into the foster-care system. The United States argued that the parties' Settlement Agreement, agreed upon after nine years of litigation, was "fair and reasonable" and advances the important public interest of compliance with title II of the Americans with Disabilities Act and the Early and Periodic Screening, Diagnostic and Treatment ("EPSDT") provisions of the Medicaid Act.
Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement (Word) | (PDF) - filed November 18, 2011
Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc. – 2:13-cv-00519 – (S.D. Ala. 2014)
On October 14, 2014 the United States filed a Statement of Interest in Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc., a case in which the defendant denied access to the local protection and advocacy organization. The Statement of Interest expresses the United States' view that facilities must permit access under the Protection and Advocacy for Individuals with Mental Illness Act to all residents regardless of whether the facility characterizes some residents as having a less serious mental health disorder than others.
Statement of Interest (Word) | (PDF) - filed October 14, 2014
Troupe v. Barbour – 10-CV-00153 – (S.D. Miss. 2010)
The United States filed a Statement of Interest opposing Mississippi officials' Motion to Dismiss the complaint of Medicaid-eligible children with significant behavioral disorders who allege that the State of Mississippi fails to ensure that medically necessary services are provided to Medicaid-eligible children in the most integrated setting appropriate to their needs in violation of the ADA and the EPSDT provisions of the Medicaid Act.
The motion to dismiss was heard by a magistrate judge who ruled in favor of the State and recommended dismissal of the Medicaid EPSDT claim. The plaintiffs filed an objection with the District Court, and the United States filed another Statement of Interest. The State responded to plaintiffs' objection. The Objection is pending before the Court.
U.S. Statement of Interest to Clarify Meaning of EPSDT Statute (Word) | (PDF) - filed September 6, 2013
U.S. Statement of Interest in Opposition to the Defendants' Motion to Dismiss (Word) | (PDF) - filed April 8, 2011Katie A. v. Douglas – CV-02-05662 AHM (SHX) – (C.D. Cal. 2011) (Formerly Katie A. v. Bonta)
On November 18, 2011, Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement were filed in support of the parties' agreement to the manner in which the State will provide an array of intensive, community-based mental health services to Medi-Cal eligible foster children or children at-risk of entry into the foster-care system. The United States argued that the parties' Settlement Agreement, agreed upon after nine years of litigation, was "fair and reasonable" and advances the important public interest of compliance with title II of the Americans with Disabilities Act and the Early and Periodic Screening, Diagnostic and Treatment ("EPSDT") provisions of the Medicaid Act.
Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement (Word) | (PDF) - filed November 18, 2011