Despite local and national media reports ad nauseam regarding the dismal state of community mental health care, policymakers nationally and in Colorado are having a hard time acknowledging the enormity of the problem -- or at least allocating funds to address it. That's not to say Colorado policymakers aren't doing anything to address the problem AND it is not near enough to comply with the law. We have asked the State to get back to us by Tues. Oct., 6, 2015 with regard to the following:
1. Waiting lists for intensive treatments including ACT (assertive community treatment) moving at a reasonable pace;
2. Waiting lists for housing for those who qualify for HCBS – moving at a reasonable pace
3. A “reasonable” plan to bring housing & ACT to scale for those who qualify for the CMHS HCBS waiver, including people who are homeless and being released from jails and prisons.
We do think those provisions are very ripe for declaratory relief.
Federal Rule of Civil Procedure 57
Rule 57. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. §2201. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.