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Case Name T.R. v. Dreyfus PB-WA-0007
Docket / Court 2:09-cv-01677-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Child Welfare
Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization National Center for Youth Law
NDRN/Protection & Advocacy Organizations
Case Summary
On November 24, 2009, a class of Medicaid-eligible children with psychiatric and behavioral disorders living in Washington filed this lawsuit in the U.S. District Court for the Western District of Washington. Represented by public interest counsel, the plaintiffs filed this lawsuit to address the ... read more >
On November 24, 2009, a class of Medicaid-eligible children with psychiatric and behavioral disorders living in Washington filed this lawsuit in the U.S. District Court for the Western District of Washington. Represented by public interest counsel, the plaintiffs filed this lawsuit to address the lack of community-based mental health services for Medicaid-eligible children in Washington state. The plaintiffs claimed that the state's system for providing Medicaid-funded services to children with mental health needs violated the federal Medicaid act (specifically the provisions of the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program, which require coverage of all "medically necessary" healthcare services available under Medicaid) and the Americans with Disabilities Act.

The plaintiffs claimed that as a result of the state's very limited mental health services for children, children with psychiatric disorders are often untreated or under-treated, which can lead to broad consequences such as involvement in the child welfare system, juvenile detention, or academic failure. Because available services in the community are so limited, these children must often go to institutions to receive care. The plaintiffs alleged that this violates the integration mandate of the Americans with Disabilities Act under the Olmstead precedent. The Plaintiffs were represented by Disability Rights Washington, the National Health Law Program, the National Center for Youth Law, and the law firm Perkins Coie.

On July 23, 2010, the court (Judge Thomas S. Zilly) granted the plaintiffs' motion for class certification. After a period of mediation, the parties entered an interim settlement agreement on March 7, 2010 (see press release).

The interim agreement was scheduled to last through June 2013, but on June 28, 2013, the court agreed to a stipulation submitted by both parties to extend the interim agreement until the final Settlement Agreement was approved. The stipulation noted that both parties were cooperating and making good progress toward the final agreement. Under the interim agreement, the state began to restructure and expand mental health care programs for Medicaid-eligible children.

The plaintiffs submitted a motion for preliminary approval of class action settlement agreement on August 29, 2013, which described the final agreement. On December 19, 2013, the court granted the joint motion for final approval of the proposed settlement agreement and administratively closed the case. The court reserved the right to further monitoring. The defendants agreed to pay $3.1 million to the plaintiffs for attorneys' fees and costs.

The settlement noted that initializing immediate state improvement will be better than continued litigation for the child plaintiffs, who have a limited window to avoid institutionalization and access these medical services. Under this agreement, the state of Washington agreed to create a new care coordination program known as Wraparound with Intensive Services (WISe) to connect children with home and community-based direct services, crisis intervention services, and intensive care coordination that puts the child and their caregiver at the center of decision-making.

Under the agreement, the state will create a schedule to increase the number of children who can access services over the next five years, and submit a plan for fulfilling the rest of their obligations to the court. The state further agreed to give yearly status reports to the court. The agreement anticipated completed implementation at the end of June 2018.

On November 16, 2015, the defendants submitted a status report on their progress towards accomplishing the goals of their settlement. There were seven outlined goals of the settlement. The progress report that some children in the state of Washington are already having some success in WISe or "WISe-like" programs, but that the program has not yet reached the scope required under the settlement agreement. As of November 16, 2015, 19 Washington counties currently offer the program. The goal is to equip all 39 of the counties with wise programs by the time of the end of the settlement in June of 2018.

As of November 6, 2016, this case is ongoing.

Beth Kurtz - 02/08/2013
Kate Craddock - 10/19/2015
Megan Brown - 11/06/2016


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Preliminary relief granted
Reporting
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Counseling
Deinstitutionalization/decarceration
Family reunification
Individualized planning
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Washington State Department of Social and Health Services
Plaintiff Description Plaintiffs are Medicaid-eligible children with psychiatric and behavioral disorders.
Indexed Lawyer Organizations National Center for Youth Law
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2018
Case Closing Year 2015
Case Ongoing Yes
Additional Resources
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  William G. v. Pataki
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http://www.bazelon.org/drnj-v-velez/
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  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
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  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
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[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:09−cv−01677 (W.D. Wash.)
PB-WA-0007-9000.pdf | Detail
Date: 10/06/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Injunctive and Declaratory Relief [ECF# 1]
PB-WA-0007-0001.pdf | Detail
Date: 11/24/2009
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Motion for Class Certificatin [ECF# 28]
PB-WA-0007-0002.pdf | Detail
Date: 06/24/2010
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Motion for Class Certification [ECF# 29]
PB-WA-0007-0003.pdf | Detail
Date: 06/24/2010
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion for Class Certification [ECF# 60] (W.D. Wash.)
PB-WA-0007-0004.pdf | Detail
Date: 07/23/2010
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint for Injunctive and Declaratory Relief [ECF# 83]
PB-WA-0007-0005.pdf | Detail
Date: 10/27/2011
Source: PACER [Public Access to Court Electronic Records]
Stipulated Interim Agreement [ECF# 99]
PB-WA-0007-0007.pdf | Detail
Date: 03/05/2012
Source: PACER [Public Access to Court Electronic Records]
Order Regarding Stipulated Interim Agreement and Case Schedule Amendments [ECF# 100] (W.D. Wash.)
PB-WA-0007-0006.pdf | Detail
Date: 03/07/2012
Source: PACER [Public Access to Court Electronic Records]
NCYL Press Release
PB-WA-0007-0008.pdf | Detail
Date: 03/08/2012
Source: Plaintiffs' counsel
Stipulated Motion and Order Re Extension of Interim Agreement [ECF# 116] (W.D. Wash.)
PB-WA-0007-0014.pdf | Detail
Date: 06/28/2013
Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Approval of Class Action Settlement Agreement [ECF# 119]
PB-WA-0007-0013.pdf | Detail
Date: 08/29/2013
Source: PACER [Public Access to Court Electronic Records]
Order Granting Joint Motion for Final Approval of Class Action Settlement Agreement [ECF# 137] (W.D. Wash.)
PB-WA-0007-0009.pdf | Detail
Date: 12/19/2013
Source: PACER [Public Access to Court Electronic Records]
Stipulated Motion and Order Approving the Implementation Plan [ECF# 147] (W.D. Wash.)
PB-WA-0007-0010.pdf | Detail
Date: 08/06/2014
Source: PACER [Public Access to Court Electronic Records]
Order Regarding Periodic Payment of Attorney's Fees and Costs [ECF# 150] (W.D. Wash.)
PB-WA-0007-0011.pdf | Detail
Date: 11/19/2014
Source: PACER [Public Access to Court Electronic Records]
Order Regarding Payment of Attorneys' Fees and Costs for July 2014 through June 2015 [ECF# 158] (W.D. Wash.)
PB-WA-0007-0012.pdf | Detail
Date: 10/06/2015
Source: PACER [Public Access to Court Electronic Records]
Implementation Status Report [ECF# 159]
PB-WA-0007-0015.pdf | Detail
Date: 11/16/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Donohue, James P. (W.D. Wash.) [Magistrate]
PB-WA-0007-9000
Zilly, Thomas Samuel Court not on record
PB-WA-0007-0004 | PB-WA-0007-0006 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0014 | PB-WA-0007-9000
Plaintiff's Lawyers Bailey, Regan (Washington)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0008 | PB-WA-0007-9000
Carlson, David R. (Washington)
PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0013 | PB-WA-0007-0014 | PB-WA-0007-9000
Ewbank, Laura T. (Washington)
PB-WA-0007-0005 | PB-WA-0007-0013 | PB-WA-0007-9000
Exstrom, Travis A. (Washington)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Foster, Susan E. (Washington)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Gardner, Patrick (California)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0013 | PB-WA-0007-9000
Kas, Susan Linn (Washington)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0013 | PB-WA-0007-9000
Lewis, Kimberly (California)
PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0013 | PB-WA-0007-9000
Liotta, Erin (California)
PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0013 | PB-WA-0007-9000
Martyna, Bryn (California)
PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-9000
Perkins, Martha Jane (North Carolina)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Quraishi, Fiza A (California)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-9000
Rainwater, Austin M. (Washington)
PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Rivera, Frederick B. (Washington)
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Sheffield, Wesley (California)
PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Turcios, Erica (California)
PB-WA-0007-9000
Welch, Leecia (California)
PB-WA-0007-0005 | PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0012 | PB-WA-0007-0013 | PB-WA-0007-9000
Defendant's Lawyers Bashaw, Carrie L. (Washington)
PB-WA-0007-9000
Clark, William G. (Washington)
PB-WA-0007-0009 | PB-WA-0007-9000
Coats, Sarah (Washington)
PB-WA-0007-9000
Hoover, Catherine R. (Washington)
PB-WA-0007-9000
McIlhenny, John K (Washington)
PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0014 | PB-WA-0007-9000
Middleton, Scott T. (Washington)
PB-WA-0007-9000
Nelson, Eric (Washington)
PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0015 | PB-WA-0007-9000

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