r~ P. k'js L O l - ' " UNITED, STATES DISTRICT DISTRICT OF CONNECTICUT STIPULATION AND ORDER

Transcription

1 r~ P. Dstrct Com! Connectcut AT \R E W HAVEN k'js L O l - ' " UNITED, STATES DISTRICT DISTRICT OF CONNECTICUT Depot? Clexk CONNECTICUT TRAUMATIC BRAIN INJURY ASSOCIATION, ET AL. Plantffs V. MICHAEL HOGAN, COMMISSIONER OF MENTAL HEALTH, ET AL. Defendants CIVIL NO. H (PCD) ZS, JULY 1995 STIPULATION AND ORDER The partes to the above-captoned case, desrng to resolve wthout further tral ths acton as to those class members wth mental retardaton hereby stpulate, agree and submt for court approval ths Stpulaton and Order. A status report concernng class members wth mental retardaton as of ths date s attached hereto as Exhbt "A". 1. The DMR defendants, wth the assstance and cooperaton from the DMH defendants, wll place all class members wth retardaton n communty settngs by June 30, 1996 for at least one-half of such class members and by June 30, 1997 for the Conn. Traumatc Bran Injury Assoc. v. Hogan V W HH HH W w V MR-CT

2 \ remander. The partes recognze that Norwch Hosptal and/or Farfeld Hlls Hosptal may close before communty placements for all class members can be made n accordance wth the schedule contaned n paragraph 1 of ths agreement. In order to prevent the transfer of class members wth retardaton to other state psychatrc hosptals, such as CVH, the partes agree that one nterm short term placement untl no later than June 30, 1997 of class members who cannot be placed before the dates set out n paragraph 1 wll be permtted. Such nterm placements shall not be made to Southbury Tranng School, or to facltes wth a total capacty that exceeds one hundred persons wth dsabltes. Interm placements shall also be lmted to DMR lcensed or operated facltes whch meet the program standards of the C.A.R.C v. Thome Consent Decree. All class members shall ; be placed n communty settng by no later than June 30, 1997.! Dscharged class members shall not be re-admtted to or commtted : to State Psychatrc Hosptals. 2. The defendant shall mplement the followng requrements n accordance wth an approved Implementaton Plan: a. The communty placement by DMR of all dentfed class members by the dates set forth n paragraph 1; j -2-

3 The development and provson by DMR, drectly or under ; contract wth prvate agences, of placements, programs, servces, protectons and qualty assurance for all class members n accordance wth the standards, polces and procedures developed through the CARC v.! Thome. Cv. No. H , ltgaton; ; The provson through DMR of adequate ndependent ; advocacy servces durng placement and program plannng, transton and communty placement; Establshment of polces and procedures to assure prompt assessment of new admssons to Norwch and Farfeld Hlls Hosptals, re-admsson of class members prevously placed n the communty to such! hosptals, and mplementaton of the communty ' placement and program standards of CARC v. Thome by DMR as expedtously as possble for each class member dentfed n ths manner; e. Establsh polces, procedures and strateges to avod \ napproprate admsson of class members wth mental retardaton to the Farfeld Hlls and Norwch hosptals; -3-

4 Guarantee return to DMR placement for any class member admtted to the Farfeld Hlls or Norwch Hosptals from a DMR placement; \ Establsh DMR dspute resoluton procedures ncludng the opportunty for a hearng before an ndependent! hearng offcer of dsputed DMR decsons relatng to j j <J dscharge, communty placement, and elgblty for DMR servces. 3. The defendants shall, by September 15, 1995, submt to the Dstrct Court for approval a plan to mplement the requrements of ths Stpulaton and Order. The plan shall nclude, but not be lmted to dentfcaton of all class members and a status report on the program and placement plans for each class member. The plantffs, wthn ten (10) days thereafter may submt wrtten objectons to the plan and be heard on ther objectons. 4. Ths Stpulaton and Order represents a compromse resoluton of that part of ths case pertanng to class members wth mental retardaton and does not consttute an admsson of lablty or of volaton of consttutonal or statutory rghts on the part of the defendants, the State of Connectcut, nor any offcer, employee, or agent thereof. As to the DMH defendants, -4-

5 the porton of ths case relatng to class members wth mental retardaton shall be dsmssed at such tme as the Farfeld Hlls Hosptal and Norwch Hosptal are closed. The court shall retan contnung jursdcton over ths Stpulaton and Order untl such tme as the case s dsmssed. 5. The partes expressly reserve the ssues of attorneys' fees oar' costs for resoluton or other proceedngs. AGREED TO BY THE UNDERSIGNED: PLAINTIFFS DEFENDANTS Davd C. Shaw, Esq. Ther Attorney 410 Asylum Street Sute 610 Hartford, CT By: By: RICHARD BLUMENTHAL ATTORNEY GENERAL Henryl Salton Assstant Attorney General 55 Elm Street Hartford, CT PUIL James/'P. Welsh - ct05240 Assstant Attorney General 110 Sherman Street Hartford, CT

6 LINDA SALAFIA and MARGOT S. HALL By: Henry Cohn, Esq. Assstant Attorney General 55 Elm Street Hartford, CT The foregong Stpulaton and Order, havng been submtted by the partes to the Court for approval, IT IS HEREBY SO ORDERED ths H*>/ day of r2*4u*f~, JPW2187AC The Honorable Peter C.^t>orsey Chef Judge Dstrct of Connectcut -6-