T.R. et al v. Quigley et al: Kids' community-based mental health

Description of action

Ten individual youth represented the interest of a class of thousands of children denied access to the intensive mental health services they needed.  After years of negotiations, representatives for the class and the state were able to craft a settlement in  T.R. et al. v. Quigley et al. that outlines significant reforms to Washington’s public mental health system for children.  Under the agreement, the state commits to develop and provide intensive, individualized mental health services to Medicaid-eligible youth in their homes or communities.  The new program and approach for delivering mental health services created by this advocacy will help thousands of youth with serious mental illness each year avoid  hospitalization, long-term institutionalization in psychiatric facilities, and placements in the foster care and juvenile justice systems. When the Honorable Thomas Zilly reviewed and approved the settlement the parties presented, he described the settlement as “landmark” and stated, "I compliment, again, the lawyers and the parties for working hard to develop and agree to a program that really is an incredible step forward in terms of how to deal with these very difficult, complex issues.”

Video

A Strategy for Success

Summary of work: 

Milestone: December 4, 2014

Perkins Coie Law Firm Withdraws: Now that the parties have reached a settlement agreement and completed the initial phase of implementation, Perkins Coie Law Firm has withdrawn as class counsel. DRW would like to thank Perkins Coie for its assistance over the past five years and express our appreciation for the resources and litigation expertise Perkins Coie has devoted to this case. In particular, we would like to thank Susan Foster, Fred Rivera, Austin Rainwater, and Travis Extrom for their service.

Milestone: November 17, 2014

State's Annual Report released and submitted: Each year, the state is required by the Settlement Agreement to release a progress report regarding the implementation of WISe.  This year's report details the tasks the state has completed to begin implementing WISe, some initial data about WISe screening and training, and anticipated challenges the State will be addressing over the next year.

Milestone: August 2014

State's Implementation Plan completed and approved by the Court: As required by the Settlement Agreement, the state completed its Implementation Plan for rolling out the WISe program. The plan includes tasks necessary for building statewide capacity to deliver WISe services. It also includes objectives for how the state will create a system of accountability and quality assurance.

Milestone: December 19, 2013

Statewide settlement approved by court today: A settlement to overhaul Washington's Medicaid system for youth with mental illness was approved today by US District Judge Thomas Zilly. The Department of Social and Health Services and the Health Care Authority must now develop and provide intensive, individualized mental health services to Medicaid-eligible people in their homes or communities.

Court approval of settlement agreement [PDF]
Press release [PDF]
Press release text only

Video

T.R. v. Quigley Proposed Settlement Training

 

Milestone: September 27, 2013

Hearing to collect kids' mental health lawsuit input: A December fairness hearing will allow individuals who will be affected by the Kids' Community-based Mental Health lawsuit to give feedback to the Court. A proposed final settlement, agreed upon by attorneys for youth and the state of Washington, outlines delivery of intensive in-home treatment to youth who use the state’s Medicaid insurance system. The settlement agreement, if implemented, would set into motion a five-year plan to transform Medicaid mental health for children and youth in Washington.

The court has preliminarily approved the settlement agreement. Now the court wants to hear from you before making a final decision about the settlement. There are three ways you can let the court know what you think about the Proposed Settlement Agreement [PDF] and Plaintiffs’ request for attorney fees [PDF]:

1. Attend the December 19, 2013 Fairness Hearing in Seattle

When:  December 19, 2013 at 10:00 am 
Where:  United States Courthouse
700 Stewart Street, 15th floor
Seattle, WA 98101

2. Submit written comments to Disability Rights of Washington*:

When:  no later than Thursday, December 5, 2013
Where: mail or email 

Disability Rights Washington
315 5th Ave. S., Suite 850
Seattle, WA 98104

Email: trlawsuit(at)dr-wa.org

*Any comments received by DRW, or any listed class counsel in this case, will be provided to the Court. If you need accommodations to provide comments, please call DRW at 1-800-562-2702.

3. Submit written comments directly to the Honorable Judge, Thomas Zilly* 

When:  no later than Thursday, December 5, 2013. 
Where: Mail

United States District Court for the Western District of Washington, Seattle
Office of the Clerk of the Court
700 Stewart St., Ste. 15229
Seattle, WA 98101

*The first page of comments to Judge Zilly must be labeled with the case number, “C09-1677 TSZ.”

For more information about the content of the proposed settlement agreement and request for fees or how to provide input to Judge Zilly, contact DRW at 1-800-562-2702, or at trlawsuit(at)dr-wa.orgAfter the fairness heaing, the Judge can decide whether or not to formally approve the settlement.

Milestone: August 29, 2013

Proposed settlement filed in federal court: Systemic overhaul of Medicaid for youth with mental illness. A proposed final settlement, agreed upon by attorneys for youth plaintiffs and the state of Washington, outlines delivery of intensive in-home treatment to youth who use the state’s Medicaid insurance system. This agreement must now be approved by U.S. District Court Judge Thomas Zilly. If approved, it would set into motion a five-year plan to transform Medicaid mental health for children and youth in Washington. 

Those who would be affected by this class action lawsuit are welcome to give input to the court, while it considers approval of this agreement. For more information about how to provide input to Judge Zilly, read the notice and settlement or contact DRW at 1-800-562-2702, or at trlawsuit(at)dr-wa.org.   

Press release [PDF]
Press release text only
Settlement agreement and proposed order [PDF]
Settlement agreement (Cambodian) [PDF]
Settlement agreement (Chinese) [PDF]
Settlement agreement (Korean) [PDF]
Settlement agreement (Laotian) [PDF]
Settlement agreement (Russian) [PDF]
Settlement agreement (Somali) [PDF]
Settlement agreement (Spanish) [PDF]
Settlement agreement (Vietnamese) [PDF]
Final notice [PDF]
Notice plan [PDF]
Motion for approval of class action settlement agreement [PDF]
WISe - Wraparound Intensive Services Presentation [PDF]
Optional Pre-labeled and Addressed Comment Form [PDF]

Milestone: March 7, 2012

Interim agreement reached in Kids' Mental Health litigation: Thirteen months of negotiation with Washington State yields a collaborative agreement to suspend litigation, and build a framework of mental health system reform for children and youth on Medicaid. 

DRW/State Interim Agreement, as entered with the Court
En español: DRW/State Interim Agreement unofficial Spanish translation
DRW/State joint press release: Interim agreement reached in kids' mental health case
Frequently Asked Questions - Kids' mental health interim agreement
Court order grants 'stay' in kids' mental health case

Milestone: July 2010

Kids' Mental Health lawsuit obtains class action certification: The judge certified that the ten plaintiffs in the Kids' Mental Health litigation represent a broader class, which means changes to the mental health system that benefit these youth will also benefit youth throughout Washington who are unable to access mental health care through Medicaid.

Court order grants motion for class certification [PDF]

Milestone: November 2009

Kids' Mental Health lawsuit filed: After numerous, repeated complaints and a lengthy investigation, DRW worked with ten plaintiffs, all under age 21, diagnosed with significant mental health conditions like bipolar disorder, schizophrenia, posttraumatic stress disorder and depression. DRW, the National Health Law Program, Perkins Coie and the National Center for Youth Law filed a civil rights, class-action lawsuit on their behalf.

Kids' Mental Health Reform Litigation presentation [PDF]
Press Release: Kids' Mental Health Lawsuit filed
The original kids' mental health lawsuit complaint, filed with the Court [PDF]