This class action lawsuit alleges that New Hampshire officials violated Title II of the ADA by unnecessarily segregating individuals with serious mental health conditions in a state-operated nursing facility [Glencliff] and a state psychiatric facility [New Hampshire Hospital]. Following class certification, a comprehensive settlement agreement was negotiated and later approved by the Court in 2014.This Community Mental Health Agreement (CMHA) requires the State to significantly increase the capacity and the quality of the community mental health system, including Assertive Community Treatment, Mobile Crisis Intervention, Supported Housing, and Supported Employment. In addition, the State defendants reformed the transition planning process for persons in these two state operated institutions, and implemented a statewide quality assurance program to monitor client outcomes and service fidelity.
Following a formal notice of noncompliance in 2021, the parties negotiated a proposed modification to the Settlement Agreement that creates additional residential service capacity in the community, facilitates class member transitions, and diverts individuals from unnecessary or prolonged institutionalization. The final joint motion, revised Settlement Agreement, and proposed modification order were approved by the Court in early 2023.
The settlement is monitored by an independent expert reviewer. CPR’s co-counsel are the Disabilities Rights Center, Devine Millimet & Branch, the Bazelon Center for Mental Health Law, and the United States Department of Justice as intervenors.