Bogard v. Wright

No. 88 C 2414 (N.D. Ill. filed May 30, 1997). ; Clearinghouse Number: 43370

Description

Monitor’s Appointment Extended to Track Compliance with Consent Decree on Placing Developmentally Disabled in Nursing Facilities

Abstract

The district court has extended a court monitor’s appointment for three years to oversee defendant Illinois health and welfare agencies’ compliance with a consent decree because of recent reports of noncompliance. The consent decree was entered in a class action charging that defendants failed to provide appropriate placements and services to developmentally disabled residents of nursing homes. Pursuant to the decree, defendants were to provide case coordination services, community placement, choices in residence, individual service plans, adaptive equipment, evaluations and services, and safety and protection. The decree also required that a court monitor with expertise in developmental disabilities be appointed to oversee and facilitate compliance. Plaintiffs claimed that two recent reports documented noncompliance with the decree’s requirements for case coordination services, community placement, specialized services, and adaptive equipment. Plaintiffs notified defendants of noncompliance, and the parties attempted to negotiate. When defendants ceased negotiation, plaintiffs moved to extend the monitor’s appointment for three years. The court granted the extension; it noted that defendants did not (1) contest the reports on noncompliance until after they refused to negotiate, (2) dispute that the goals of the decree had not been achieved, or (3) offer an alternative to track compliance. Defendants could not show that the extension would cause harm.

Additional Information

Attorney Information
Plaintiffs represented by Robert E. Lehrer, Diane L. Redleaf, Lehrer & Redleaf, 205 W. Monroe St., 3d Floor, Chicago, IL 60606; (312) 332-2121.
Docket Date
1997-03-30 00:00:00+00:00