CPR Files Brief in Appeals Court in Landmark Children’s Mental Health Case

December 13, 2019

Today, CPR filed its brief in an appeal by the Massachusetts Governor in the landmark children’s mental health case, Rosie D. v. Baker.  In this class action case on behalf of 30,000 children with serious emotional disturbance (SED), the court held that Massachusetts violated the Medicaid Act by failing to provide home-based services so that children can receive treatment at home and in their own communities.  The court ordered a  Remedial Plan in 2007 that requires a system of intensive home-based services, and ongoing court monitoring to ensure compliance.

In August 2018, the State tried to end court monitoring and oversight of this case, arguing it had complied with all court orders.  CPR and co-counsel disagreed, pointing to long waiting lists for critical new services, like intensive service coordination.  Hundreds of children waited weeks, and sometimes months, for this core service, even though the State had established a 14-day timeline for starting this service, in order to comply with federal law.  In a detailed order, the district court refused to end its oversight, so the State appealed.  CPR’s brief to the First Circuit Court of Appeals argues that under federal law, the State must comply with its own 14-day timeline; its failure to do so constitutes both a violation of the Medicaid Act as well as the court’s remedial order.

You can find more information about the history of the case here.