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Children and Adolescents 

Documents and pleadings which may be helpful to attorneys litigating or considering the litigation of disability law related cases are available by following the links below.

These documents do not constitute legal advice. Anyone engaged in legal action should consult with an attorney. Attorneys should make their own independent judgments. Local laws vary and the law may have changed since these documents were written. Litigants should fully research any claims or defenses before making them.

Complete Rosie D. pleadings are available on our Rosie D. website.

 

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Word Document Rosie D case and trial summary 1/31/2006 
shimA short summary of the case and the trial that led to the US district court's opinion in Rosie D. v. Romney. 
Word Document Rosie D press release 1/31/2006 
shimCPR's press release about the Rosie D v. Romney opinion. Jan. 26, 2006. 
PDF Document Rosie D Summary of Expert Reports 2/1/2006 
shimCPR has summarized the reports and findings of the expert witnesses in Rosie D v. Romney into a report on the status of home-based services for children with serious emotional disturbance in Massachusetts. A PDF version of the report is available here.  
Word Document Rosie D. full summary 2/8/2006 
shimA full summary of the district court's opinion in Rosie D. v. Romney 
Word Document Rosie D. Summary of District Ct. Opinion 2/1/2006 
shimA summary of the US District Court's opinion in Rosie D. v. Romney, finding Massachusetts to be in violation of the Medicaid law in the delivery of EPSDT home-based services to children with severe emotionaldisturbance. Should be read together with the summary of the case and trial. 
PDF Document Rosie D. v. Romney opinion 1/30/2006 
shimOn January 26, 2006, the federal district court in Massachusetts issued a 98 page decision in Rosie D. v. Romney. It ruled in favor of the plaintiffs, ordering virtually all of the relief the plaintiffs requested. The court broadly interpreted the Medicaid Act and found that Massachusetts violated EPSDT and the reasonable promptness provision of the Medicaid Act in numerous respects. It held that the state failed to offer adequate assessments and service coordination, as well as the in-home behavioral services that children needed.

Implementing the Rosie D. Remedy:  The Opportunities and Challenges of Restructuring a System of Care for Children’s Mental Health in Massachusetts -- an issue paper by the Massachusetts Medicaid Policy Institute is available at this link.

The remedial order in Rosie D.

Rosie-Court-Order-022207.pdf Rosie-Court-Order-022207.pdf

Remedial plan

The plaintiffs' proposed remedial plan for mental health services in Rosie D. and a legal memo in opposition to the plan proposed by the defendants. 

Remedial-plans.pls-memo.final.doc Remedial-plans.pls-memo.final.doc

Rosie D: Memorandum & Order Regarding Judgment

The Court's July 16, 2007 memorandum explaining the judgment and its terms in Rosie D.

RosieD-Judgment.court-decision.pdf RosieD-Judgment.court-decision.pdf

Rosie D: Court's Judgment

On July 17, 2007, the Court entered a judgment ordering the State to implement its remedial plan in Rosie D.

RosieD-Judgment.court-final.pdf RosieD-Judgment.court-final.pdf

Rosie D Plaintiffs' Comment to Defs' Report

The Rosie D plaintiffs have submitted comments to the defendants' first status report, submitted in June 2007.

Rosie-Defs-First-Report-pls-response.doc Rosie-Defs-First-Report-pls-response.doc

Rosie D Defs' First Status Report

Submitted to the court in late June 2007.

Rosie-D-Defs-First-Report.6.30.07.pdf Rosie-D-Defs-First-Report.6.30.07.pdf

Rosie D Monitor Appointed

The Court has appointed Karen Snyder to Monitor the implementation of the order. The parties' stipulation regarding the Monitor appears in the link below. The Monitor begins full time work in July 2007.

Rosie-D-Monitor-Stip.doc Rosie-D-Monitor-Stip.doc

Restraint of Children in Massachusetts -- A monograph

This monograph by CPR staff explains the complex web of rules regarding the restraint and seclusion of children and adolescents in various hospital and residential settings in Massachusetts. Added October 2007.

R-S-of-adolescents-in-MA.pdf R-S-of-adolescents-in-MA.pdf