Case: G.L. v. Sherman

4:77-cv-00242 | U.S. District Court for the Western District of Missouri

Filed Date: March 25, 1977

Closed Date: Feb. 1, 2006

Clearinghouse coding complete

Case Summary

In 1977 (and thereafter amended a number of times), the foster children of Jackson Missouri, represented by Children's Rights Inc., and Legal Aid of Western Missouri, filed a class action aimed at reforming the state's child welfare system. The federal complaint charges the Missouri Division of Family Services (DFS) with endangering the lives of children in state custody by failing to properly investigate and monitor foster homes that were found to be unsafe, unsanitary and unsupervised. Plaint…

In 1977 (and thereafter amended a number of times), the foster children of Jackson Missouri, represented by Children's Rights Inc., and Legal Aid of Western Missouri, filed a class action aimed at reforming the state's child welfare system. The federal complaint charges the Missouri Division of Family Services (DFS) with endangering the lives of children in state custody by failing to properly investigate and monitor foster homes that were found to be unsafe, unsanitary and unsupervised. Plaintiffs alleged that children were exposed to contagious diseases, deprived of medical and psychiatric care, subjected to physical and emotional abuse, and transferred between foster homes inappropriately and without adequate preparation. The action was brought under 42 U.S.C. § 1983, 42 U.S.C. §601 et. seq, and 42 U.S.C §1302.

We don't have the early parts of the docket sheet in this case, so do not know the ins and outs of the subsequent litigation. But in 1983, a settlement agreement was reached mandating top-to-bottom reform of the foster care system. In 1985, DFS sought a modification of the consent decree, which was countered by a contempt motion from the plaintiffs for state failure to implement court-ordered reforms. In 1992, a full trial was held in the U.S. District Court for the Western District of Missouri (Judge Dean Whipple) resulting in a finding of contempt due to a "lack of commitment to make a good faith effort." The court order called for defendants to increase budgets through state lobbying and directed defendants to transfer caseworkers to Jackson County to ease caseloads. G.L. v. Stangler, 873 F. Supp. 252 (W.D. Mo. 1994)

In response, a new settlement agreement was reached in 1994, following the assessments of an expert panel. The settlement mandated such improvements as training for foster parents and mandatory criminal history and child abuse checks for prospective foster families. In 1995, a monitoring plan was developed in addition to semi-annual compliance reports thereafter.

Based on defendants' substantial compliance with components of the consent decree, in 2000, the parties renegotiated the decree, allowing the state to exit from some provisions. On January 30, 2001, the court approved an Amended Decree and Operational Guide. The amended decree created a permanent community quality assurance committee, which was to take over system monitoring once DFS reached substantial compliance and exited from the decree.

Over the next ten years, with court oversight, DFS successfully implemented all of the reforms required by prior court order. On February 1, 2006, the court conditionally dismissed the case, court oversight officially ended, and the state agreed to keep in place until 2009 the policies, practices and staff positions created as a result of the lawsuit.

Summary Authors

Ariana Fink (10/25/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10422880/parties/lhamon-v-schulze/


Judge(s)

Clark, Russell Gentry (Missouri)

Attorney for Plaintiff

Burns-Bucklew, Loretta E. (Missouri)

Dahlberg, Robin L. (New York)

Hansen, Christopher A. (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Agniel, Sheila (Missouri)

show all people

Documents in the Clearinghouse

Document

4:77-cv-00242

Docket [PACER]

Lhamon v. Schulze

Feb. 1, 2006

Feb. 1, 2006

Docket

4:77-cv-00242

Amended Complaint

G.L. v. Stangler

Oct. 26, 1979

Oct. 26, 1979

Complaint

4:77-cv-00242

Memorandum (Regarding Stipulation)

G.I. v. Zumwalt

March 21, 1983

March 21, 1983

Order/Opinion

4:77-cv-00242

Memorandum and Orders Directing Further Proceedings

G.I. v. Zumwalt

Feb. 20, 1990

Feb. 20, 1990

Order/Opinion
213

4:77-cv-00242

Order

G.L. v. Stangler

Dec. 14, 1994

Dec. 14, 1994

Order/Opinion

4:77-cv-00242

Amended Modified Consent Decree

G.L. v. Stangler

Jan. 30, 2001

Jan. 30, 2001

Settlement Agreement
289

4:77-cv-00242

Order

G.L. v. Stangler

Aug. 23, 2003

Aug. 23, 2003

Order/Opinion
313

4:77-cv-00242

Order of Dismissal upon Conditions without Prejudice

Feb. 1, 2006

Feb. 1, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10422880/lhamon-v-schulze/

Last updated Jan. 25, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
186

ORDER by Judge Dean Whipple that the Court adds as defendants the present Dir of the Missouri Dept of SOcial Services, Gary Stangler and the Deputy Director of Children's Services for the Division of Family Services, Richard Matt; The Court substitutes as parties defendant the current Dir of the Missouri Div of Family Services, Carmen K. Schulze and the current acting Social Services Dir of Jackson County, Missouri, Pat Brown; further ORDERED that Carmen K. Schulze, Dir of Mo Div of Family Services be substituted for her predecessors-in-office, John Zumwalt and Paula Willmarth; and Pat Brown, acting Social Services Dir for Jackson County be substituted for her predecessors-in-office, Sherrell Hunt and Gail Horsey (cc: all counsel) (Court Employee) (Entered: 01/20/1993)

Dec. 7, 1992

Dec. 7, 1992

PACER
187

(Reappointment of Committee) ORDER by Judge Dean Whipple that the court reappoints Harriett Lawrence, Marilyn Shapiro, and Don Tharp as the Foster Care Consent Decree Committee for two years begining January 1, 1993 until December 31, 1994 and that defendants shall continue to provide the Committee w/compensation, clerical assistance, office space and equipment, and to pay the committee's expenses as set forth in paragraph 8 of the Supplemental Consent Decree, until and unless the amount of the Committee's compensation and/or the amount of expenses to be reimbursed by the defendants is modified by order of this Court (cc: all counsel) (Court Employee) (Entered: 01/20/1993)

Dec. 7, 1992

Dec. 7, 1992

PACER
188

ORDER by Judge Dean Whipple that page 45 of the Order entered on 12/7/92 is hereby amended by the addition of the following line at the top of the page; ORDERED that the following individuals be added as party and that the Clerk of the Court mail an amended page 45 (a copy of wihch is attached hereto) to each parties to this action; ORDERED that the following individuals be added as party defendants in their official capacity; Gary Stangler, Dir of Mo Dept of Social Services; Richard Matt, Deputy Dir of Children's Services for the Div of Family Services; ORDERED that Carmen K. Schulze, dir of Mo Div of Family Services be substituted for her predecessors-in-office, John Zumwalt and Paul Willmarth; and Pat Brown, acting Social Services Dir for Jackson Cuonty be substituted for her predecessors-in-office, Sherrell Hunt and Gail Horsey (cc: all counsel) (Court Employee) (Entered: 01/20/1993)

Dec. 15, 1992

Dec. 15, 1992

PACER
189

MOTION by defendants' to alter or amend it's Order of 12/7/92 in order to consider additional issues relevant to the plas' mot for contempt (Court Employee) Modified on 01/20/1993 (Entered: 01/20/1993)

Dec. 17, 1992

Dec. 17, 1992

PACER
190

Suggestions by defendant in support of motion to alter or amend it's Order of 12/7/92 in order to consider additional issues relevant to the plas' mot for contempt [189-1] (Court Employee) (Entered: 01/20/1993)

Dec. 17, 1992

Dec. 17, 1992

PACER
191

MOTION by plaintiffs' to extend time in which to file suggs in oppo to defendants' mot to alter or amend (Court Employee) (Entered: 01/20/1993)

Dec. 28, 1992

Dec. 28, 1992

PACER
193

Suggestions by plaintiffs in opposition to motion to alter or amend it's Order of 12/7/92 in order to consider additional issues relevant to the plas' mot for contempt [189-1] (Court Employee) (Entered: 01/25/1993)

Jan. 2, 1993

Jan. 2, 1993

PACER
192

ORDER by Judge Dean Whipple granting plas' motion to extend time to 1/19/93 in which to file suggs in oppo to defendants' mot to alter or amend [191-1] (cc: all counsel) (Court Employee) (Entered: 01/20/1993)

Jan. 13, 1993

Jan. 13, 1993

PACER
194

Motion/Order for pro hac vice on behalf of Debbie Toth, Rayhugh Majors Jr, Kimberly Walters, Terry Waters by Christopher A. Hansen; receipt #54429 in the amount of $25.00 (Court Employee) Modified on 02/18/1993 (Entered: 02/18/1993)

Feb. 17, 1993

Feb. 17, 1993

PACER
195

ORDER by Judge Dean Whipple denying dfts' motion to alter or amend it's Order of 12/7/92 in order to consider additional issues relevant to the plas' mot for contempt [189-1] ; that a hearing on the dfts' motion to modify the Consent decree is set to commence at 9:00 a.m. on 8/25/93 (cc: all counsel) (Georgia Kee) (Entered: 07/13/1993)

July 12, 1993

July 12, 1993

PACER
196

MOTION by defendants to continue hearing on the defendants' mot to modify the consent decree currently scheudled for August 25, 1993 (Court Employee) (Entered: 07/23/1993)

July 20, 1993

July 20, 1993

PACER
197

MOTION by defendants to vacate its denial of the defendants' mot to alter or amend which had been filed on December 17, 192 (Court Employee) (Entered: 07/23/1993)

July 20, 1993

July 20, 1993

PACER
198

Suggestions by plaintiff in opposition to motion to vacate its denial of the defendants' mot to alter or amend which had been filed on December 17, 192 [197-1], motion to continue hearing on the defendants' mot to modify the consent decree currently scheudled for August 25, 1993 [196-1] (Kelly McIlvain) (Entered: 07/23/1993)

July 23, 1993

July 23, 1993

PACER
199

ORDER by Judge Dean Whipple granting defendants motion to continue hearing on the defendants' mot to modify the consent decree currently scheudled for August 25, 1993 [196-1] setting aside Scheduling order ; that a hearing on the dfts' motion to modify the Consent decree is set to commence at 9:00 a.m. on 8/25/93 [195-1] [195-1] setting aside order [195-2] [195-2] ; status hearing reset for 9:00 10/1/93 (cc: all counsel) (Court Employee) (Entered: 07/28/1993)

July 28, 1993

July 28, 1993

PACER
200

MOTION by defendants to withdraw attorney Paul T. Keller (Court Employee) (Entered: 08/13/1993)

Aug. 12, 1993

Aug. 12, 1993

PACER
202

MOTION by plaintiffs, and defendants to continue hearing on mot to modify the conent decree (Court Employee) (Entered: 08/31/1993)

Aug. 19, 1993

Aug. 19, 1993

PACER
201

ATTORNEY APPEARANCE for defendant Sandra Brooks, defendant Gary - Stangler, defendant Pat Brown, defendant Richard Matt (Court Employee) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
203

ORDER by Judge Dean Whipple granting parties motion to continue hearing on mot to modify the conent decree [202-1] ; status hearing set for 1:30 12/14/93, ; status hearing on mot set for 9:00 1/21/94 (cc: all counsel) (Court Employee) (Entered: 09/21/1993)

Sept. 21, 1993

Sept. 21, 1993

PACER
204

Third Supplemental Stipulation regarding monitoring methodology (Court Employee) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

PACER
205

ORDER by Judge Dean Whipple ; status hearing that was previously set for 1/21/94 is reset for 4/25/94 (cc: all counsel) (Court Employee) (Entered: 12/21/1993)

Dec. 21, 1993

Dec. 21, 1993

PACER
206

MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze to substitute attorney Mary Browning in place of Angela S. Marmion (Kelly McIlvain) (Entered: 02/22/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
207

MOTION by defendants, and plaintiffs to continue dft's mot to modify (Court Employee) (Entered: 02/23/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
208

ORDER by Judge Dean Whipple granting motion to continue dft's mot to modify [207-1] the Consent Decree ; status hearing reset to commence 9:00 7/6/94 & continue thru 7/7/94 & 7/8/94 (cc: all counsel) (Court Employee) (Entered: 03/14/1994)

March 14, 1994

March 14, 1994

PACER
209

MOTION by defendant to withdraw documents of pending mt to modify and mt to alter or amd (Kelly McIlvain) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

PACER
210

ORDER by Judge Dean Whipple granting joint motion to withdraw documents of pending mt to modify and mt to alter or amd [209-1] ; status hearing cancelled 9:00 a.m. 7/6/94; and that the parties file a joint, written report with the Court w/n 30 days of the date of this Order, informing the Court as to the status of their settlement negotiations (cc: all counsel) (Court Employee) (Entered: 06/28/1994)

June 28, 1994

June 28, 1994

PACER
211

MOTION by plaintiff to modify the 3/21/83 consent decree (Kelly McIlvain) (Entered: 10/19/1994)

Oct. 18, 1994

Oct. 18, 1994

PACER
212

ORDER by Judge Dean Whipple ; that in order to consider re-structuring the consent decree a status hearing is set for 10:00 11/29/94; (cc: all counsel) (Court Employee) (Entered: 11/17/1994)

Nov. 17, 1994

Nov. 17, 1994

PACER
213

ORDER by Judge Dean Whipple that the Modified Consent Decree, signed by the parties on October 18, 1994, and Operational Guide, signed by the parties on October 18, 1994, are substituted for the Court's March 21, 1983, Order and any modifications therto, and supersede the Court's December 7, 1992, Order, except to the extent that Order s ub stitutes and adds parties (cc: all counsel) (Court Employee) (Entered: 12/14/1994)

Dec. 14, 1994

Dec. 14, 1994

PACER
214

ORDER by Judge Dean Whipple of Reappointment of Committee; the terms of the members of the Foster Care Consent Decree Committee expire on December 31, 1994; The Court therefore reappoints Harriet Lawrence, Marilyn Shapiro, and Don Tharp to serve at the pleasure of the Court as the Foster Care Consent Decree committee, not to exceed two years, beginning January 1, 1995, until December 31, 1996; Harriet Lawrence shall serve as Chairman of the Committee; The committee shall continue to operate in the manner prescribed by the court and pe rform the duties that have been assigned to them, together with any additional duties the court may find appropriate to assign to them in the future; For their service each committee member shall receive annual compensation of $4,200.00; THe defendants shall continue to provide the Committee with comepnsation clerical assistance, office space and equipment, and to p ay the Committee's expenses as set forth in paragraph VI.D.4 of the MOdified Consent Decree, until and unless the amt of the Committee's compensation and/or the amount of exp enses to be reimbursed by defendants is modified by order of this Court (cc: all counsel) (Court Employee) (Entered: 12/22/1994)

Dec. 22, 1994

Dec. 22, 1994

PACER
215

ENTRY OF APPEARANCE on behalf of interested party Harriet J Lawrence, interested party Marilyn Shapiro, interested party Donald Tharp, interested party Sheila Agniel by Timothy Alan Wynes (Court Employee) (Entered: 01/12/1995)

Jan. 12, 1995

Jan. 12, 1995

PACER
216

MOTION by plaintiffs and defendants, to extend time to submit the completed monitored methodology (Court Employee) (Entered: 02/01/1995)

Jan. 31, 1995

Jan. 31, 1995

PACER
217

ORDER by Judge Dean Whipple granting pla's and df t's j joint motion to extend time to 3/1/95 to submit the completed monitored methodology; the parties are admonished, however, that absent extraordinary circumstancs, no further extensions of time to comply will be granted [216-1] (cc: all counsel) (Court Employee) (Entered: 02/07/1995)

Feb. 7, 1995

Feb. 7, 1995

PACER
218

MOTION by plaintiffs and defendants, for approval of monitoring methodology (Court Employee) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

PACER
219

Notice by plaintiffs and defendant of hard bound transcript (Court Employee) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

PACER
220

Motion/Order for pro hac vice of atty Susan Lambiase on behalf of Terry Waters, Kimberly Walters, Rayhugh Majors Jr, Debbie Toth, Gregory Lhamon by Receipt #: 83242 in the amount of 25.00 (Court Employee) (Entered: 03/07/1995)

March 7, 1995

March 7, 1995

PACER
221

ORDER by Judge Dean Whipple ; status hearing set for 1:00 4/28/95; to discuss proposed modifications nto the structure of the monitoring committee; The Court expects counsel for plaintiffs and defendants to be present at this conf (cc: all counsel) (Court Employee) (Entered: 04/06/1995)

April 6, 1995

April 6, 1995

PACER
222

ORDER by Judge Dean Whipple ; status hearing cancelled for 4/28/95 1:00 4/28/95; the parties are directed to file a stipulation with the Court, outlinging the nature of their agreement, within 15 days ofthe date of this order (cc: all counsel) (Court Employee) (Entered: 04/21/1995)

April 20, 1995

April 20, 1995

PACER
224

Stipulation of plaintiffs and defendants, to reevaluate the Committee's structure (Court Employee) (Entered: 05/11/1995)

May 10, 1995

May 10, 1995

PACER
223

ORDER by Judge Dean Whipple granting joint motion for approval of monitoring methodology contained in the Mnitoring Plan filed with this Court on March 1, 1995 [218-1] (cc: all counsel) (Court Employee) (Entered: 05/11/1995)

May 11, 1995

May 11, 1995

PACER
225

Written status report (report of Compliance) by defendant Gary - Stangler (Court Employee) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

PACER
226

APPENDIX filed by defendants appendix 1-24 (Court Employee) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

PACER
227

APPENDIX filed by defendants appendix 1-6 (Court Employee) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

PACER
228

ORDER by Judge Dean Whipple ; status hearing (Conf) set for 3:00 12/19/95 (cc: all counsel) (Court Employee) (Entered: 12/11/1995)

Dec. 8, 1995

Dec. 8, 1995

PACER
229

MINUTE ENTRY: of status conf of case; Various attorneys monitoring committee representative and Sheila (interested party) discussing matter of taking Sheila off state payrolll; Jude considering ordering foster care to begin termination of parental jrights after service agreements fail; best interest of child hasbeen seen as subjugated to family reunification in Western part of state but it hasn't been; addressing issue attorneys fees ; stipulation was filed re; audit wasn't any reason for court to sign Stipulation; terminate 3:50 pm (Court Employee) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

PACER
230

MOTION by plaintiffs for attorney fees (Court Employee) (Entered: 12/22/1995)

Dec. 21, 1995

Dec. 21, 1995

PACER
231

Suggestions by plaintiffs in support of motion for attorney fees [230-1] (Court Employee) (Entered: 12/22/1995)

Dec. 21, 1995

Dec. 21, 1995

PACER
232

ORDER by Judge Dean Whipple ; status hearing held 3:00 12/19/95 the proposed budget of the Monitoring Committee herein for the year commencing 1/1/96 is approved by the Court (cc: all counsel) (Court Employee) (Entered: 12/29/1995)

Dec. 29, 1995

Dec. 29, 1995

PACER
233

Notice of Report of Compliance compiled by the Monitoring Committee (Court Employee) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

PACER
234

STIPULATION AND MOTION by plaintiffs for order dismissing w/prej outstanding claims for attorneys' fees and costs through 1995 (Court Employee) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

PACER
235

MOTION by plaintiffs, and defendants for establishment of a procedure regarding submission of claims for attorneys' fees and expenses (Court Employee) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

PACER
241

(Motion) Suggestions by plaintiff in support of motion for order dismissing w/prej outstanding claims for attorneys' fees and costs through 1995 [234-1] (Phyllis Travers) (Entered: 07/29/1996)

June 24, 1996

June 24, 1996

PACER
236

ORDER by Judge Dean Whipple granting stipulated joint motion for order dismissing w/prej outstanding claims for attorneys' fees and costs through 1995 [234-1]; that all motions for attorneys'fees and expenses through December 31, 1995 are hereby DISMISSED W/PREJUDICE; and that the Court RETAINS JURISDICTION over the settlement agreement or agreements leading to the above-mentioned stipulation (cc: all counsel) (Court Employee) (Entered: 07/11/1996)

July 10, 1996

July 10, 1996

PACER
237

ORDER by Judge Dean Whipple granting parties' joint motion for establishment of a procedure regarding submission of claims for attorneys' fees and expenses [235-1] (cc: all counsel) (Georgia Kee) (Entered: 07/15/1996)

July 15, 1996

July 15, 1996

PACER
238

Notice of change of employment of plas' counsel of Susan Lambiase and Marcia Robinson Lawry that they are no longer employed by the Children's Rights Project of the ACLU (Court Employee) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

PACER
239

MOTION by plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to withdraw attorney Fred B. Rich (Court Employee) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

PACER
240

ENTRY OF APPEARANCE on behalf of plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon by Loretta E. Burns-Bucklew (Court Employee) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

PACER
242

ORDER by Judge Dean Whipple granting plas motion to withdraw attorney Fred B. Rich [239-1] attorney Fred B. Rich for Gregory Lhamon, attorney Fred B. Rich for Debbie Toth, attorney Fred B. Rich for Rayhugh Majors Jr, attorney Fred B. Rich for Kimberly Walters, attorney Fred B. Rich for Terry Waters (cc: all counsel) (Court Employee) (Entered: 07/31/1996)

July 31, 1996

July 31, 1996

PACER
243

ENTRY OF APPEARANCE of atty SHelley THomas-Benke on behalf of interested party Harriet J Lawrence, interested party Marilyn Shapiro, interested party Donald Tharp, interested party Sheila Agniel, defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks by (Court Employee) (Entered: 08/09/1996)

Aug. 9, 1996

Aug. 9, 1996

PACER
244

MOTION by plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to withdraw attorney Robin L. Dahlberg, Robin L. Dahlberg (Georgia Kee) (Entered: 08/12/1996)

Aug. 12, 1996

Aug. 12, 1996

PACER
245

ORDER by Judge Dean Whipple granting plas' motion to withdraw attorney Robin L. Dahlberg, Robin L. Dahlberg [244-1] attorney Robin L. Dahlberg for Gregory Lhamon, attorney Robin L. Dahlberg for Debbie Toth, attorney Robin L. Dahlberg for Kimberly Walters (cc: all counsel) (Court Employee) (Entered: 09/06/1996)

Sept. 6, 1996

Sept. 6, 1996

PACER
246

MOTION by defendants to withdraw attorney Angela S. Marmion (Court Employee) (Entered: 10/07/1996)

Oct. 4, 1996

Oct. 4, 1996

PACER
247

ORDER by Judge Dean Whipple granting certain defendants motion to withdraw attorney Angela S. Marmion [246-1] attorney Angela S. Marmion for Sandra Brooks, attorney Angela S. Marmion for Gary - Stangler, attorney Angela S. Marmion for Pat Brown, attorney Angela S. Marmion for Richard Matt (cc: all counsel) (Court Employee) (Entered: 10/15/1996)

Oct. 15, 1996

Oct. 15, 1996

PACER
248

MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze to withdraw attorney Paul T. Keller (Court Employee) (Entered: 10/21/1996)

Oct. 21, 1996

Oct. 21, 1996

PACER
249

ORDER by Judge Dean Whipple granting dft motion to withdraw attorney Paul T. Keller [248-1] attorney Paul T. Keller for Carmen Schulze, attorney Paul T. Keller for Sandra Brooks, attorney Paul T. Keller for Gary - Stangler, attorney Paul T. Keller for Pat Brown, attorney Paul T. Keller for Richard Matt (cc: all counsel) (Court Employee) (Entered: 10/30/1996)

Oct. 30, 1996

Oct. 30, 1996

PACER
250

CLERK'S JUDGMENT; Decision by Court; ORDERED that all motions for attorneys' fees and expenss through December 31, 1995 are hereby DISMISSED with prej;l and that the Court retains jurisdiction over the settlement agreement or agreements leading to the above-mentioned stipulation; (ORDER of 7/10/96) Entered on: 12/16/96 (cc:All Counsel) (Court Employee) (Entered: 12/16/1996)

Dec. 13, 1996

Dec. 13, 1996

PACER
252

MOTION by plaintiffs, and defendants to extend time to file challenges to certain conclusions of the Monitorng Committee's report (Court Employee) (Entered: 01/13/1997)

Dec. 30, 1996

Dec. 30, 1996

PACER
251

ORDER by Judge Dean Whipple that the proposed budget of the Monitoring Committee herein for the year commencing January 1, 1997, in the total amount of $101,168.00 is hereby approved by the Court; the defendants shall pay the initial semi-annual payment of one-half of the proposed 1997 budget by January 31, 1997; that to expedite approval of the annual budgets in the future, the Monitoring Committee shall submit the proposed budget for the upcoming year to the parties by October 1 of each year; defendants shall have 30 dys thereafter to object (cc: all counsel) (Court Employee) (Entered: 01/06/1997)

Jan. 3, 1997

Jan. 3, 1997

PACER

MAIL RETURNED: order [251-1] returned as undeliverable to Marilyn Shapiro for interested party Marilyn Shapiro (Court Employee)

Jan. 10, 1997

Jan. 10, 1997

PACER
253

ORDER by Judge Dean Whipple granting plas' and defendants' joint motion to extend time to file challenges to certain conclusions of the Monitorng Committee's report [252-1] (cc: all counsel) (Court Employee) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER

MAIL RETURNED: order [253-1] returned as undeliverable to Marilyn Shapiro for interested party Marilyn Shapiro (Court Employee)

Jan. 28, 1997

Jan. 28, 1997

PACER
254

Motion/Order for pro hac vice of atty Rebecca Kim Kimura on behalf of Terry Waters, Kimberly Walters, Rayhugh Majors Jr, Debbie Toth, Gregory Lhamon by Receipt #: 128038 in the amount of 25.00 (Court Employee) (Entered: 01/30/1997)

Jan. 29, 1997

Jan. 29, 1997

PACER
255

MOTION by plaintiffs, and defendants to modify consent decree with suggs (Court Employee) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

PACER
256

ORDER by Judge Dean Whipple granting joint motion to modify consent decree with suggs [255-1]; paragraph II.A.4 of the Modified Consent Decree shall be modified as follows: DFS shall approve or deny an application to become a licensed or certified foster home w/in 120 days of receipt of that application; paragraph I.3 of Exhibit A to the Consent Decree (Exit Plan) shall be modified as follows: 80 percent of applications to become a foster parent or kinship parent shall be acted upon w/in 120 days of the receipt of a completed, official application form by the DFS licensing unit; all changes to the Modified Consent Decree outlined in this order shall have full force and effect retroactive to 7/1/96 (cc: all counsel) (Court Employee) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

PACER
257

MOTION by plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to withdraw attorney Rebecca Kim Kimura (Georgia Kee) (Entered: 04/28/1997)

April 28, 1997

April 28, 1997

PACER

MAIL RETURNED: order [256-1] returned as undeliverable to Harriet J Lawrence for interested party Harriet J Lawrence (Georgia Kee)

April 29, 1997

April 29, 1997

PACER

MAIL RETURNED: order [256-1] returned as undeliverable to Marilyn Shapiro for interested party Marilyn Shapiro (Georgia Kee)

April 30, 1997

April 30, 1997

PACER
258

Written status report (Report of Compliance) (Georgia Kee) (Entered: 05/01/1997)

May 1, 1997

May 1, 1997

PACER
259

ORDER by Judge Dean Whipple granting motion to withdraw attorney Rebecca Kim Kimura [257-1] (cc: all counsel) (Georgia Kee) (Entered: 05/02/1997)

May 2, 1997

May 2, 1997

PACER
260

Notice of Report of Compliance (January 1, 1997 through June 30, 1997) (Georgia Kee) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

PACER
261

Written status report by the Monitoring Committee (Georgia Kee) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
262

JOINT MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze, plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to modify consent decree by deleting exit requirement 11.8 and the time limit contained in Exit requirement V.6 to a maximum of 45 days (Georgia Kee) Modified on 06/09/1998 (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

PACER
263

JOINT MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze, plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to modify consent decree by modifying section 11.F.2.a.-c. & suggs (Georgia Kee) Modified on 06/09/1998 (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

PACER
264

ORDER by Judge Dean Whipple granting parties' motion to modify consent decree by modifying section 11.F.2.a.-c. [263-1] (cc: all counsel) (Georgia Kee) (Entered: 07/08/1998)

July 8, 1998

July 8, 1998

PACER

MAIL RETURNED: order [264-1] returned as undeliverable to Marilyn Shapiro for interested party Marilyn Shapiro (Susan Larson)

July 13, 1998

July 13, 1998

PACER
265

ORDER by Judge Dean Whipple granting joint motion to modify consent decree by deleting exit requirement 11.8 and the time limit contained in Exit requirement V.6 to a maximum 45 days [262-1] (cc: all counsel) (Georgia Kee) (Entered: 07/16/1998)

July 15, 1998

July 15, 1998

PACER
266

Written status report by interested party Harriet J Lawrence, interested party Marilyn Shapiro, interested party Donald Tharp (Court Employee) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
267

Written status report (could not find name of who filed) (Court Employee) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
268

Written status report (Report of Compliance) (Georgia Kee) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

PACER
270

JOINT MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze, plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to modify consent decree (Georgia Kee) (Entered: 10/22/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
269

ORDER by Judge Dean Whipple granting joint motion for an order modifying the Amended Consent Decree (cc: all counsel) (Georgia Kee) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

PACER

MAIL RETURNED: order [269-1] returned as undeliverable to Marilyn Shapiro for interested party Marilyn Shapiro (Georgia Kee)

Oct. 28, 1999

Oct. 28, 1999

PACER
271

Written status report by Monitoring Committee (Jan 1, 1999 through June 30, 1999) (Georgia Kee) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

PACER
272

APPENDIX filed re status report [271-1] (Georgia Kee) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

PACER
273

JOINT MOTION by defendant Richard Matt, defendant Pat Brown, defendant Gary - Stangler, defendant Sandra Brooks, defendant Carmen Schulze, plaintiff Terry Waters, plaintiff Kimberly Walters, plaintiff Rayhugh Majors Jr, plaintiff Debbie Toth, plaintiff Gregory Lhamon to modify consent decree and monitoring methodology (Georgia Kee) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

PACER
274

Written status report from the Monitoring Committee's Report of Compliance for the period of 7/1/1999 through 12/31/1999 (Georgia Kee) (Entered: 07/05/2000)

July 3, 2000

July 3, 2000

PACER
275

ORDER by Chief Judge Dean Whipple granting motion to modify consent decree and monitoring methodology [273-1] (cc: all counsel) (Cassaundra Honeycutt) (Entered: 07/19/2000)

July 17, 2000

July 17, 2000

PACER
276

Written status report filed by the Monitoring Committee for the review period of 01/01/00-through 06/30/00 (Michelle Kendall) (Entered: 11/01/2000)

Nov. 1, 2000

Nov. 1, 2000

PACER
277

Notice of Amended Modified Consent Decree, the Amended Revised Operational Guide, the Amended Exhibit A (Exit Plan) and the Amended Monitoring Methodology by interested party Harriet J Lawrence (to Chambers) (Georgia Kee) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER
278

Notice of Modification Report by interested party Harriet J Lawrence, interested party Marilyn Shapiro (Georgia Kee) (Entered: 02/26/2001)

Feb. 20, 2001

Feb. 20, 2001

PACER
279

Written status report from the Monitoring Committee's Report of Compliance (Georgia Kee) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Child Welfare

Special Collection(s):

Court-ordered receiverships

Multi-LexSum (in sample)

Key Dates

Filing Date: March 25, 1977

Closing Date: Feb. 1, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children who have been placed in and continue to reside in Missouri foster care homes

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Division of Family Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 1983 - 2006

Content of Injunction:

Receivership

Hire

Follow recruitment, hiring, or promotion protocols

Reporting

Monitoring

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

Issues

General:

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Neglect by staff

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid

Medicare