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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, Medicaid-eligible children with psychiatric and behavioral disorders living in Washington filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. Represented by Disability Rights Washington, the National Health Law Program, the ... read more >
On November 24, 2009, Medicaid-eligible children with psychiatric and behavioral disorders living in Washington filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. Represented by Disability Rights Washington, the National Health Law Program, the National Center for Youth Law, and private counsel, the plaintiffs sued the Washington State Department of Social and Health Services under the Medicaid Act and the Americans with Disabilities Act 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 Medicaid Act’s Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program, which required coverage of "medically necessary" healthcare services.

The plaintiffs claimed that as a result of the state's very limited mental health services, children with psychiatric disorders were often untreated or under-treated, which lead to consequences such as involvement in the child welfare system, juvenile detention, or academic failure. Because available services in the community were so limited, children often had to go to institutions to receive care. The plaintiffs alleged that such frequent institutionalization violated the integration mandate of the Americans with Disabilities Act under Olmstead.

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.

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 a class action settlement agreement on August 29, 2013. On December 19, 2013, the court granted the joint motion for final approval of the proposed settlement but retained jurisdiction to monitor compliance. Under the settlement, 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. The state also agreed 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 and pay $3.1 million to the plaintiffs for attorneys' fees and costs. The agreement was set to last until June 2018.

On November 16, 2015, the defendants submitted a status report on their progress towards accomplishing the goals of their settlement. The report claimed that some children were 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 offered the program. The goal was to equip all 39 of the counties with WISe programs before the agreement would be terminated in June of 2018.

On November 15, 2018, the defendants submitted another status report on their progress towards accomplishing the goals of their settlement, focusing on progress between 2017-18. The report noted that as of November 15, 2018, the state of Washington anticipated achieving substantial compliance by June 30, 2019, a delay from the original anticipated completion date of June 2018. As of June 2018, all of Washington’s 39 counties had started implementing WISe programs, and the state was meeting 88% of the monthly substantial compliance caseload target. But the state was still working to build sufficient provider capacity and to meet monthly caseload target numbers.

In 2019, the parties agreed to a one-year extension to June 30, 2020, because Washington was struggling to meet the existing deadline. On September 12, 2019, the defendants agreed to pay an additional $310,000 in attorneys’ fees for costs incurred over the prior year. The case is ongoing.

Beth Kurtz - 02/08/2013
Kate Craddock - 10/19/2015
Megan Brown - 11/06/2016
Tiffany Chung - 10/29/2019


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Goals (e.g., for hiring, admissions)
Reasonable Accommodation
Reporting
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Counseling
Deinstitutionalization/decarceration
Family reunification
Government Services (specify)
Individualized planning
Juveniles
Parents (visitation, involvement)
Placement in mental health facilities
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Relative caretakers
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2020
Filing Year 2009
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
2:09−cv−01677 (W.D. Wash.)
PB-WA-0007-9000.pdf | Detail
Date: 09/12/2019
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]
Stipulated Motion to Amend Scheduling Order and Second Joint Status Report Regarding Mediation [ECF# 77]
PB-WA-0007-0016.pdf | Detail
Date: 03/16/2011
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]
show all people docs
Judges Donohue, James P. (W.D. Wash.) [Magistrate] show/hide docs
PB-WA-0007-9000
Zilly, Thomas Samuel (W.D. Wash.) show/hide docs
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) show/hide docs
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-0007-0016 | PB-WA-0007-9000
Carlson, David R. (Washington) show/hide docs
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) show/hide docs
PB-WA-0007-0005 | PB-WA-0007-0013 | PB-WA-0007-9000
Exstrom, Travis A. (Washington) show/hide docs
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) show/hide docs
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-0007-0016 | PB-WA-0007-9000
Gardner, Patrick (California) show/hide docs
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-0007-0016 | PB-WA-0007-9000
Kas, Susan Linn (Washington) show/hide docs
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) show/hide docs
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) show/hide docs
PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0011 | PB-WA-0007-0013 | PB-WA-0007-9000
Martyna, Bryn (California) show/hide docs
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) show/hide docs
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) show/hide docs
PB-WA-0007-0001 | PB-WA-0007-0002 | PB-WA-0007-0003 | PB-WA-0007-0004 | PB-WA-0007-9000
Rainwater, Austin M. (Washington) show/hide docs
PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Rivera, Frederick B. (Washington) show/hide docs
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) show/hide docs
PB-WA-0007-0009 | PB-WA-0007-0013 | PB-WA-0007-9000
Turcios, Erica (California) show/hide docs
PB-WA-0007-9000
Welch, Leecia (California) show/hide docs
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) show/hide docs
PB-WA-0007-9000
Clark, William G. (Washington) show/hide docs
PB-WA-0007-0009 | PB-WA-0007-9000
Coats, Sarah (Washington) show/hide docs
PB-WA-0007-9000
Hoover, Catherine R. (Washington) show/hide docs
PB-WA-0007-9000
McCarthy, Angela D. Coats (Washington) show/hide docs
PB-WA-0007-9000
McIlhenny, John K (Washington) show/hide docs
PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0014 | PB-WA-0007-0016 | PB-WA-0007-9000
Meyer, Jennifer Smith (Washington) show/hide docs
PB-WA-0007-9000
Middleton, Scott T. (Washington) show/hide docs
PB-WA-0007-9000
Nelson, Eric (Washington) show/hide docs
PB-WA-0007-0007 | PB-WA-0007-0009 | PB-WA-0007-0010 | PB-WA-0007-0015 | PB-WA-0007-9000
Rappaport, Rachel Anne (Washington) show/hide docs
PB-WA-0007-9000
Schafer, Jacqueline G (Washington) show/hide docs
PB-WA-0007-9000

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