Case: R. v. Pennsylvania Department of Human Services

1:17-cv-02332 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Dec. 18, 2017

Case Ongoing

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Case Summary

This is a case challenging the child welfare system in Pennsylvania.  On December 18, 2017, six children with disabilities in Pennsylvania's foster care system filed a putative class action against the Pennsylvania Department of Human Services (“PDHS”) in the U.S. District Court for the Middle District of Pennsylvania. Represented by Disability Rights Pennsylvania, plaintiffs alleged that the state failed to provide children with mental health disabilities with adequate services and support in …

This is a case challenging the child welfare system in Pennsylvania. 

On December 18, 2017, six children with disabilities in Pennsylvania's foster care system filed a putative class action against the Pennsylvania Department of Human Services (“PDHS”) in the U.S. District Court for the Middle District of Pennsylvania. Represented by Disability Rights Pennsylvania, plaintiffs alleged that the state failed to provide children with mental health disabilities with adequate services and support in violation of Title XIX of the Social Security Act and the Americans with Disabilities Act (ADA). 

Specifically, plaintiffs that the Pennsylvania state child welfare system failed to provide appropriate services to children with mental health disabilities, and that these children were more likely to receive placements with family members or in foster care than those without. As a result, children with mental health disabilities were often sent to a facility either out-of-state or far away from their community. The plaintiffs alleged that the state could avoid discriminating against children with mental health disabilities by developing additional community-based services and investing in specialized support. 

Further, the complaint alleged that the defendants violated Title XIX of the Social Security Act, by failing to provide Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services, and ensuring timely medical assistance provided under the act. Plaintiffs sought injunctive and declaratory relief. Judge John E. Jones III was assigned to the case.  

On December 22, plaintiffs filed a motion to certify the class. Two months later, on February 26, 2018, PDHS filed a motion to dismiss. 

On April 3, 2018, the court granted the plaintiff's motion for class certification, having found that the proposed class met all the requisite requirements (numerosity, typicality, adequacy, and commonality) under Fed. R. Civ. P. 23. The class was all Pennsylvania youth under the age of 21 who, now or in the future, were adjudicated dependent and had diagnosed mental health disabilities. 

On May 23, 2018, the court denied the defendants motion to dismiss. In the order, the court rejected defendants’ argument that plaintiffs’ claims were not privately enforceable, instead holding that the relevant sections of Title XIX and the ADA confer privately enforceable rights upon individuals. 

On August 2, 2021, the case was reassigned to Robert D. Mariani, when Judge Jones left the bench to serve as president at Dickinson College.

Following years of fact discovery and some initial settlement discussions, the court granted the Defendants’ unopposed motion to stay discovery on March 3, 2022. This was intended to provide the parties with the opportunity to negotiate a settlement out of court. Beginning in August 2023, the parties met consistently to negotiate terms of a settlement agreement. 

On November 7, 2023, the case was reassigned to Julia K. Munley and, on February 21, 2025, the case was referred to Magistrate Judge Phillip J. Caraballo for purposes of settlement. On May 1, 2025, upon notice to the court that the parties had reached a settlement agreement, the clerk was directed to administratively close the case. The plaintiffs filed a motion for preliminary approval of the settlement agreement and for approval of class notice on July 2, 2025, and a final motion for approval on September 19, 2025. The terms of the settlement agreement include:

  • Timely access to mental health screenings and evaluations of dependent children and youth, through written guidance for referrals for mental health screenings, amending program standards and requirements to provide mental health screenings and initiate evaluations within 7 days, and written guidance regarding funding 
  • Teaming for class members, which requires bringing together child welfare case workers, representatives from involved service systems, and involved family.  PDHS was to issue written guidance encouraging use of evidence-based teaming models for class members.  
  • Complex needs planning process, including written guidance for referrals, establishing a complex needs planning team and a financial resources team, and certain reporting requirements. 
  • Enhancing Medicaid and child welfare services to expand and improve access to services for class members, including working to secure federal funding.
  • Implementing safeguards for admitting class members age 10 and under to residential treatment facilities. 
  • Development of a uniform data system.
  • Engaging an independent consultant who will, among other duties, determine whether PDHS has achieved substantial compliance with the agreement. 
  • Regular status reports. 
  • $895,000 payment to plaintiffs' counsel for attorneys' fees, litigation expenses, and costs. 

The agreement will terminate 90 days after the consultant determines that PDHS has achieved final substantial compliance, and the court will retain jurisdiction for enforcement and interpretation of the agreement.

On October 1, 2025, after a fairness hearing, the court granted final approval of the parties' settlement agreement and award of attorneys' fees and costs.  

Summary Authors

Isabel Bysiewicz (3/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8151014/parties/r-v-pennsylvania-department-of-human-services/


Judge(s)
Attorney for Plaintiff

Burnim, Ira A (Pennsylvania)

Darr, Kelly (Pennsylvania)

Hergenreder, Jeni A (Pennsylvania)

Attorney for Defendant

Grogan, Kathleen A. (Pennsylvania)

Expert/Monitor/Master/Other

Connell, Matthew J. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

1:17-cv-02332

Complaint

Dec. 18, 2017

Dec. 18, 2017

Complaint
22

1:17-cv-02332

Memorandum and Order

April 3, 2018

April 3, 2018

Order/Opinion
27

1:17-cv-02332

Order

May 7, 2018

May 7, 2018

Order/Opinion
28

1:17-cv-02332

Memorandum and Order

May 23, 2018

May 23, 2018

Order/Opinion
56

1:17-cv-02332

Memorandum Order

Feb. 21, 2020

Feb. 21, 2020

Order/Opinion
66

1:17-cv-02332

Order

March 3, 2022

March 3, 2022

Order/Opinion
79

1:17-cv-02332

Order

Oct. 30, 2024

Oct. 30, 2024

Order/Opinion
83

1:17-cv-02332

Order

Feb. 21, 2025

Feb. 21, 2025

Order/Opinion
91

1:17-cv-02332

Unopposed Motion for Preliminary Approval

July 2, 2025

July 2, 2025

Pleading / Motion / Brief
102

1:17-cv-02332

Order

Oct. 1, 2025

Oct. 1, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8151014/r-v-pennsylvania-department-of-human-services/

Last updated March 20, 2026, 5:16 a.m.

ECF Number Date Description Link
1 Dec. 18, 2017

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4283641) filed by Theodore Smith, S. R., S. H., N. C., M. T., Chrystal Steward. (Attachments: # 1 Civil Cover Sheet)(ve) (Entered: 12/18/2017)

1 Civil Cover Sheet

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Clearinghouse
2 Dec. 18, 2017

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ve) (Entered: 12/18/2017)

RECAP
Dec. 19, 2017

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM mailed to Attorney Jeni Hergenreder (lg)

3 Dec. 22, 2017

MOTION to Certify Class by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence)(Darr, Kelly) (Entered: 12/22/2017)

RECAP
4 Dec. 22, 2017

BRIEF IN SUPPORT re 3 MOTION to Certify Class filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 List of Exhibits in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Order)(Darr, Kelly) (Entered: 12/22/2017)

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5 Jan. 4, 2018

SUMMONS Returned Executed by Theodore Smith, S. R., S. H., N. C., M. T., Chrystal Steward. All Defendants. (Darr, Kelly) (Entered: 01/04/2018)

RECAP
6 Jan. 10, 2018

SCHEDULING ORDER: Case Management Conference set for 2/22/2018 02:00 PM before Honorable John E. Jones III. See calendar attached hereto for dates that must be utilized when a trial term is selected (eo) (Entered: 01/10/2018)

RECAP
7 Jan. 16, 2018

First MOTION for Extension of Time to File Brief to 4 Brief in Support, 3 MOTION to Certify Class Unopposed filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 01/16/2018)

RECAP
8 Jan. 16, 2018

ORDER - IT IS ORDERED that the 7 Motion for Extension of Time to File Brief in Opposition to the 3 MOTION to Certify Class is GRANTED and the Brief in Opposition is due by 3/19/2018. Signed by Honorable John E. Jones, III on 1/16/18. (sc) (Entered: 01/16/2018)

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9 Jan. 23, 2018

First MOTION for Extension of Time to File Responsive Pleading or Other Response to Plaintiffs' Complaint Unopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 01/23/2018)

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10 Jan. 24, 2018

ORDER granting 9 Motion to Extend Time (eo) (Entered: 01/24/2018)

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11 Feb. 15, 2018

CASE MANAGEMENT PLAN (Joint) by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Levin, Shanon) (Entered: 02/15/2018)

RECAP
13 Feb. 22, 2018

ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 12/3/2019 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 11/1/2019. See order for all deadlines.(eo) (Entered: 02/22/2018)

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14 Feb. 22, 2018

Order #2- PRACTICE ORDER (eo) (Entered: 02/22/2018)

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15 Feb. 26, 2018

First MOTION to Dismiss by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 02/26/2018)

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16 March 12, 2018

BRIEF IN SUPPORT re 15 First MOTION to Dismiss filed by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Exhibit(s) Text of Regulations, # 2 Exhibit(s) Unreported Case)(McLees, Matthew) (Entered: 03/12/2018)

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17 March 19, 2018

BRIEF IN OPPOSITION re 3 MOTION to Certify Class filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 03/19/2018)

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18 March 20, 2018

BRIEF IN OPPOSITION re 15 First MOTION to Dismiss filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Attachment 1 (Leonard v. Mackereth); Attachment 2 (Odi v. Alexander); Attachment 3 (H.E. ex rel. Emerich v. Horton); Attachment 4 (N.B. v. Hamos), # 2 Attachment 5 (Crabtree v. Goetz); Attachment 6 (Nat'l Org. on Disability v. Tartaglione); Attachment 7 (Motion to Dismiss in Benjamin v. DPW); Attachment 8 (Benjamin v. DPW, Order denying Motion to Dismiss); Attachment 9 (Zatuchni v. Richman), # 3 Proposed Order)(Levin, Shanon) (Entered: 03/20/2018)

1 Attachment 1 (Leonard v. Mackereth); Attachment 2 (Odi v. Alexander); Attachmen

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2 Attachment 5 (Crabtree v. Goetz); Attachment 6 (Nat'l Org. on Disability v

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3 Proposed Order

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RECAP
19 March 27, 2018

First MOTION for Extension of Time to File Reply Brief to Brief in Opposition to Motion to DismissUnopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 03/27/2018)

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20 March 28, 2018

ORDER granting 19 Motion to Extend Time (eo) (Entered: 03/28/2018)

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21 April 2, 2018

REPLY BRIEF re 3 MOTION to Certify Class filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit A (excerpts of Child and Family Services Reviews PA Final Report 2017); Exhibit B (excerpts of 2017 State Roundtable Report Transitional Youth Workgroup); Exhibit C (excerpts of DHS OCYF Title IV-B Child and Family Service Plan); Exhibit D (Kirk T. v. Houstoun); Exhibit E (Hunter v. Beshear))(Levin, Shanon) (Entered: 04/02/2018)

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22 April 3, 2018

ORDER granting 3 Motion to Certify Class. See order for details. (eo) (Entered: 04/03/2018)

Clearinghouse
23 April 10, 2018

Second MOTION for Extension of Time to File Reply Brief to Brief in Opposition to Motion to DismissUnopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 04/10/2018)

RECAP
24 April 10, 2018

ORDER granting 23 Motion to Extend Time (eo) (Entered: 04/10/2018)

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25 April 17, 2018

REPLY BRIEF re 15 First MOTION to Dismiss filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 04/17/2018)

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26 May 3, 2018

Unopposed MOTION for Consideration of Plaintiffs' Proposed Class Notice and Distribution Plan by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Exhibit A)(Levin, Shanon) (Entered: 05/03/2018)

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27 May 7, 2018

ORDER Granting pltfs' mtn for consideration of proposed class notice and distribution plan 26 . 1. Within (45) days of the date this Order is entered, Class counsel will distribute the Class Notice to the following individuals and organizations: (a) individuals and organizations that represent children in the juvenile dependency system to the extent that Class counsel is able to obtain the contact information for those individuals and organizations; and (b) Court Appointed Special Advocate organizations.2. Within (21) days of the date this Order is entered, Class counsel will post the Class Notice on the website of Disability Rights Pennsylvania.3. Within (21) days of the date this Order is entered, Class counsel will distribute the Class Notice to members of Disability Rights Pennsylvania's listserv.4. Class counsel will submit a Declaration attesting that they distributed the Notice in accordance with this Order no later than (60) days after this Order is entered.Signed by Honorable John E. Jones, III on 5/7/18. (ma) (Entered: 05/07/2018)

Clearinghouse
28 May 23, 2018

ORDER denying 15 Motion to Dismiss (eo) (Entered: 05/23/2018)

Clearinghouse
29 May 23, 2018

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jeni A Hergenreder on behalf of All Plaintiffs Attorney Jeni Hergenreder is seeking special admission. Filing fee $ 50, receipt number 0314-4434573.. (Hergenreder, Jeni) (Entered: 05/23/2018)

RECAP
May 23, 2018

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

30 May 24, 2018

SPECIAL ADMISSIONS FORM APPROVED as to Jeni Hergenreder (eo) (Entered: 05/24/2018)

RECAP
31 June 5, 2018

First MOTION for Extension of Time to File Answer re 1 Complaint Unopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 06/05/2018)

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32 June 6, 2018

ORDER granting 31 Motion for Extension of Time to Answer All Defendants. (eo) (Entered: 06/06/2018)

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33 June 15, 2018

ANSWER to Complaint by Teresa Miller.(McLees, Matthew) (Entered: 06/15/2018)

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34 June 28, 2018

DECLARATION by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T. of Class Counsel. (Hergenreder, Jeni) (Entered: 06/28/2018)

RECAP
35 June 29, 2018

Unopposed MOTION to Amend/Correct 13 Case Management Order - Standard Track by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Levin, Shanon) (Entered: 06/29/2018)

RECAP
36 July 2, 2018

ORDER granting 35 Motion to Amend (eo) (Entered: 07/02/2018)

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37 July 26, 2018

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Shari A Mamas on behalf of All Plaintiffs Attorney Shari Mamas is seeking special admission. Filing fee $ 50, receipt number 0314-4496735.. (Mamas, Shari) (Entered: 07/26/2018)

RECAP
38 July 26, 2018

SPECIAL ADMISSIONS FORM APPROVED as to Shari A. Mamas (eo) (Entered: 07/26/2018)

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39 Aug. 8, 2018

Unopposed MOTION for Protective Order by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Hergenreder, Jeni) (Entered: 08/08/2018)

RECAP
40 Aug. 10, 2018

ORDER granting 39 Motion for Protective Order (eo) (Entered: 08/10/2018)

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41 Jan. 4, 2019

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ira A Burnim on behalf of All Plaintiffs Attorney Ira Burnim is seeking special admission. Filing fee $ 50, receipt number 0314-4639108., filed by on behalf of All Plaintiffs.(Burnim, Ira) (Entered: 01/04/2019)

RECAP
42 Jan. 8, 2019

SPECIAL ADMISSIONS FORM APPROVED as to Ira Burnim (eo) (Entered: 01/08/2019)

RECAP
Jan. 8, 2019

DOCKET ANNOTATION: Petitioner Ira A. Burnim and Associate Counsel Kelly Darr - bar status verified. (dmn)

43 Feb. 5, 2019

Unopposed MOTION to Amend/Correct 36 Order on Motion to Amend/Correct, 13 Case Management Order - Standard Track by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit(s) Exhibit A (Declaration of Shanon S. Levin), # 2 Certificate of Concurrence, # 3 Proposed Order)(Levin, Shanon) (Entered: 02/05/2019)

RECAP
44 Feb. 7, 2019

SCHEDULING ORDER: Jury Selection set for 12/2/2020 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 11/2/2020. See order ofr all deadlines(eo) (Entered: 02/07/2019)

RECAP
45 June 11, 2019

Letter from Shanon S. Levin re Discovery Dispute Regarding Number of Admissions. (Levin, Shanon) (Entered: 06/11/2019)

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46 July 10, 2019

ORDER REFERRING case to Chief Magistrate Judge Schwab for referral of matters to U.S. Magistrate Judge (eo) (Entered: 07/10/2019)

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47 July 12, 2019

ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Susan E. Schwab on 7/12/2019. (ktt) (Entered: 07/12/2019)

RECAP
49 July 19, 2019

ORDER re 45 Letter - IT IS HEREBY ORDERED THAT the pltfs are permitted to serve the 88 requests for admissions contained in the June 3, 2019 set of requests that was served on the dfts. The parties are further advised that, because such appropriate requests for admissions are permitted for the purpose of streamlining the litigation, the Court may favorably consider allowing the plaintiff to serve up to 100 requests for admissions if the plaintiffs determine that more requests are necessary. Signed by Magistrate Judge Martin C. Carlson on July 19, 2019. (kjn) (Entered: 07/19/2019)

RECAP
50 Nov. 7, 2019

MOTION to Quash Disability Rights Pennsylvania's Subpoena by Columbia County Children and Youth Services.(Connell, Matthew) (Entered: 11/07/2019)

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51 Nov. 7, 2019

BRIEF IN SUPPORT re 50 MOTION to Quash Disability Rights Pennsylvania's Subpoena filed by Columbia County Children and Youth Services.(Connell, Matthew) (Entered: 11/07/2019)

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52 Nov. 20, 2019

BRIEF IN OPPOSITION re 50 MOTION to Quash Disability Rights Pennsylvania's Subpoena filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Proposed Order)(Mamas, Shari) (Entered: 11/20/2019)

RECAP
53 Dec. 4, 2019

MOTION for Extension of Time to Complete Discovery by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Concurrence)(Mamas, Shari) (Entered: 12/04/2019)

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54 Dec. 5, 2019

ORDER granting 53 Motion for Extension of Time to Complete Discovery (eo) (Entered: 12/05/2019)

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55 Feb. 18, 2020

ORDER REFERRING MOTION: Inasmuch as this matter has previously been referred to Magistrate JudgeCarlson to handle a discovery issue, we shall REFER the motion to quashcurrently pending (Doc. 50) and any additional discovery issues arising in thismatter to him for resolution. (eo) (Entered: 02/18/2020)

RECAP
56 Feb. 21, 2020

MEMORANDUM ORDER - IT IS ORDERED that CCCYSs motion to quash or modify the subpoena served upon it (Doc. 50 ), is GRANTED, in part, in that on or before March 20, 2020, prior to compliance with the subpoena, plaintiffs counsel and counsel for CCCYS shall jointly arrange for A.S. to receive notice of the subpoena and for A.S. to be afforded an opportunity to be heard in the event of any objections on A.S.s part to the disclosure of this information. Signed by Magistrate Judge Martin C. Carlson on February 20, 2020. (kjn) (Entered: 02/21/2020)

Clearinghouse
57 July 10, 2020

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(McLees, Matthew) (Entered: 07/10/2020)

RECAP
58 July 10, 2020

ORDER Granting Motion. Final Pretrial Conference reset for 8/2/2021. Jury Selection reset for 9/7/2021 09:30AM before Chief Judge John E. Jones III. See order for all deadlines. (eo) (Entered: 07/10/2020)

RECAP
59 Aug. 31, 2020

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Gabriella Labella terminated on behalf of. (Mamas, Shari) (Entered: 08/31/2020)

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60 Aug. 31, 2020

Code of Professional Conduct by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. . (Mamas, Shari) (Entered: 08/31/2020)

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Aug. 31, 2020

DOCKET ANNOTATION: Counsel is advised to file a signed Code of Professional Conduct form. To avoid being recharged for this filing, please file this document using the event: Civil Events Other Filings Other Documents-Includes Social Security Transcript and Brief Events- Document Filed. (pjr)

61 Jan. 6, 2021

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 01/06/2021)

RECAP
62 Jan. 6, 2021

SCHEDULING ORDER: Final Pretrial Conference set for 5/2/2022. Jury Selection set for 6/6/2022 09:30AM before Chief Judge John E. Jones III. See order for all deadlines. (eo) (Entered: 01/06/2021)

RECAP
Feb. 3, 2021

Motions terminated: 61 Unopposed MOTION to Amend/Correct Scheduling Orders filed by Teresa Miller, Pennsylvania Department of Human Services. (eo)

63 June 23, 2021

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 06/23/2021)

RECAP
64 June 24, 2021

ORDER granting 63 Motion to Amend Scheduling Order. See order for all deadlines. (eo) (Entered: 06/24/2021)

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Aug. 2, 2021

VERBAL ORDER by Chief Judge Matthew W. Brann - Case Reassigned to Honorable Robert D. Mariani. (jw)

65 March 2, 2022

Unopposed MOTION to Stay Discovery Deadlines by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 03/02/2022)

RECAP
66 March 3, 2022

ORDER granting 65 Unopposed MOTION to Stay Discovery Deadlines filed by Teresa Miller, Pennsylvania Department of Human Services. The deadlines imposed in the Scheduling Order dated 6/24/21 64 are STAYED. The parties shall file a joint statement with the Court advising of the status of settlement within 3 months from the date of this Order. Signed by Honorable Robert D. Mariani on 3/3/22. (dw) (Entered: 03/03/2022)

Clearinghouse
67 May 13, 2022

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Shanon S. Levin terminated on behalf of Plaintiffs. (Levin, Shanon) (Entered: 05/13/2022)

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68 June 3, 2022

STATUS REPORT Joint by N. C., S. H., S. R., Theodore Smith, Chrystal Steward. (Hergenreder, Jeni) (Entered: 06/03/2022)

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69 March 10, 2023

ORDER: ORDERED THAT: On or before 3/17/23, the parties shall file a joint letter setting forth the status of this case. If a settlement has not been reach, a joint report setting forth the status of the settlement shall be filed every 90 days until a settlement has been reached or one or both parties request that the stay in this action be lifted. Signed by Honorable Robert D Mariani on 3/10/23. (jam) (Entered: 03/10/2023)

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70 March 16, 2023

STATUS REPORT by Teresa Miller, Pennsylvania Department of Human Services. (McLees, Matthew) (Entered: 03/16/2023)

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71 June 14, 2023

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 06/14/2023)

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72 Sept. 13, 2023

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 09/13/2023)

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Nov. 7, 2023

VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Julia K Munley for all further proceedings. (jw)

73 Dec. 12, 2023

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 12/12/2023)

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74 Dec. 19, 2023

Unopposed MOTION to Substitute Party NEXT FRIEND by S. R.. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Hergenreder, Jeni) (Entered: 12/19/2023)

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75 Dec. 20, 2023

ORDER granting 74 Motion to Substitute Next Friend, it is HEREBY ORDERED that the Motion is GRANTED and the Clerk is directed to substitute Alison M. Ware for Philip Rosenbauer as the Next Friend for Plaintiff S.R. Signed by Honorable Julia K Munley on 12/20/2023 (cp) (Entered: 12/20/2023)

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76 March 12, 2024

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 03/12/2024)

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77 June 11, 2024

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 06/11/2024)

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78 Sept. 10, 2024

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 09/10/2024)

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79 Oct. 30, 2024

ORDER DIRECTING parties to submit a joint status report re result of in person meetings by 11/8/24. 78 Signed by Honorable Julia K Munley on 10/30/24. (sm) (Entered: 10/30/2024)

Clearinghouse
80 Nov. 8, 2024

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 11/08/2024)

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81 Dec. 10, 2024

ORDER- DIRECTING parties to file a joint status report by 1/17/25 re settlement negotiations/referral to Magistrate Judge Status Report due by 1/17/2025. Signed by Honorable Julia K Munley on 12/10/24. (sm) (Entered: 12/10/2024)

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82 Jan. 17, 2025

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 01/17/2025)

Clearinghouse
83 Feb. 21, 2025

ORDER REFERRING CASE for Settlement to Honorable Phillip J. Caraballo. Signed by Honorable Julia K Munley on 2/21/25. (sm) (Entered: 02/21/2025)

Clearinghouse
84 March 20, 2025

SCHEDULING ORDER:Telephone Scheduling Conference set for 3/24/2025 at 02:00 PM before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 03/20/2025. (ss) (Entered: 03/20/2025)

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86 March 31, 2025

SCHEDULING ORDER:Settlement Conference set for 4/22/2025 at 10:30 AM in Harrisburg - Courtroom 4A before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 03/31/2025. (ss) (Entered: 03/31/2025)

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87 April 10, 2025

ORDER re 86 Scheduling OrderSettlement Conference scheduled for April 22, 2025 is CANCELED. See Order for Details. Signed by Honorable Phillip J. Caraballo on 04/10/2025. (ss) (Entered: 04/10/2025)

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April 10, 2025

Settlement Conference that was scheduled for April 22, 2025 is CANCELED.Signed by Honorable Phillip J. Caraballo on 04/10/2025. (ss)

88 May 1, 2025

ORDER as the parties have notified the Court of an agreement re settlement, the Clerk of Court is directed to administratively CLOSE this case; Parties shall file a joint status report by May 9, 2025 re petition for approval/consummation of settlement. Signed by Honorable Julia K Munley on 5/1/25. (sm) (Entered: 05/01/2025)

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89 May 9, 2025

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 05/09/2025)

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90 May 29, 2025

STATUS REPORT by Pennsylvania Department of Human Services, Teresa Miller. (McLees, Matthew) (Entered: 05/29/2025)

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91 July 2, 2025

Unopposed MOTION for Settlement Preliminary Approval of the Proposed Class Action Settlement Agreement and for Approval of the Class Notice by S. R.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Exhibit(s) Exhibit 1, # 4 Exhibit(s) Exhibit 2, # 5 Exhibit(s) Exhibit 3)(Hergenreder, Jeni) (Entered: 07/02/2025)

1 Certificate of Concurrence

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2 Proposed Order

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3 Exhibit(s) Exhibit 1

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4 Exhibit(s) Exhibit 2

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5 Exhibit(s) Exhibit 3

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92 July 8, 2025

SCHEDULING ORDER: Telephone Status Conference set for 7/24/2025 02:00 PM before Honorable Julia K Munley. Plaintiff to initiate the call Signed by Honorable Julia K Munley on 7/8/25. (sm) (Entered: 07/08/2025)

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93 July 24, 2025

NOTICE of Hearing: Hearing re approval of settlement- set for 10/1/2025 11:00 AM in Scranton - Courtroom 2 before Honorable Julia K Munley.**SEE ORDER FOR SPECIFICS** Signed by Honorable Julia K Munley on 7/24/25. (sm) (Entered: 07/24/2025)

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94 July 30, 2025

Unopposed MOTION to Exceed Page Limitation for Brief in Support of Final Approval of Proposed Class Action Settlement Agreement by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Hergenreder, Jeni) (Entered: 07/30/2025)

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95 July 31, 2025

ORDER granting 94 Pltf's Motion for Leave to File Excess Pages- not to exceed 7000 words. Signed by Honorable Julia K Munley on 7/31/25 (sm) (Entered: 07/31/2025)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Disability Rights

Child Welfare

Key Dates

Filing Date: Dec. 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Pennsylvania children and youth under the age of 21 who, now or in the future, are adjudicated dependent and have diagnosed mental health disabilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Pennsylvania Department of Human Services

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Other Dockets:

Middle District of Pennsylvania 1:17-cv-02332

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Auditing

Monitoring

Recordkeeping

Required disclosure

Amount Defendant Pays: 895,000

Issues

General/Misc.:

Foster care (benefits, training)

Government services

Juveniles

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation