Trueblood, et al v. Washington State Department of Health and Human Services et al

Filing 408

ORDER adopting in part 389 Stipulated Mediated Settlement Agreement by Judge Marsha J. Pechman.(RS)

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The Honorable MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
CASSIE CORDELL TRUEBLOOD, next
friend of A.B., an incapacitated person, et al.,
Plaintiffs,
v.

NO. C14-1178 MJP

THE WASHINGTON STATE
DEPARTMENT OF SOCIAL AND HEALTH
SERVICES, et al.,

ORDER ADOPTING (IN PART)
THE PARTIES’ MEDIATED
SETTLEMENT AGREEMENT

Defendants.
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Having reviewed the Joint Motion to Adopt the Mediated Settlement Agreement, Dkt. #
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389, and discussed the proposed agreement with all Parties at the status hearings held on March
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21, 2017 and April 18, 2017, the Court partially adopts the Agreement of the parties, and
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ORDERS that the prior orders of the Court are MODIFIED in the following manner:
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1. Outreach: The Parties will jointly generate outreach documents to inform
state courts of their statutory obligations to provide orders for competency
services within twenty-four hours, as well as to inform the state courts of a
summary of the Trueblood litigation and injunction. The Parties will jointly
request the opportunity to present to Washington State judicial education
programs and other outreach that the Parties jointly deem necessary to
ensure third Parties are aware of their obligation to timely provide orders
for competency services.
2. Deadline for in-jail evaluations: DSHS shall complete in-jail competency
evaluations within the shorter of either a) 14 days from receipt of order or

ORDER ADOPTING THE PARTIES’
MEDIATED SETTLEMENT
AGREEMENT -- NO. C14-1178 MJP

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b) 21 days from signature of order. Both sets of data will continue to be
tracked in DSHS’ monthly reports.
3. Deadline for in-patient evaluation and restoration services: DSHS shall
admit class members for either inpatient competency evaluation or
restoration within the shorter of either a) 7 days from receipt of order or b)
14 days from signature of order. Both sets of data will continue to be tracked
in DSHS’ monthly reports.
4. Receipt of Order: When sent electronically, orders are deemed received as
of the time they are electronically transmitted to the Department.
5. Trigger Point for Notice to Plaintiffs’ Counsel: If at any point in the future
the percentage of orders received within 3 days of signature drops below the
table 1 benchmarks for two consecutive months, the Parties shall meet and
confer within 30 days to determine if there are factors within Defendants'
control that are causing delays in order transmission that can be changed
and/or if there are factors beyond the Defendants' direct control that the
Parties can collaborate to influence in the direction of faster transmission of
orders.

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Table 1. Percentage trigger for orders received within 3 days of
signature

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Jail-based evaluation orders
Inpatient competency orders

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6. Data Collection: Defendants will continue to track the data referenced in
paragraphs 2, 3, and 5, above, and currently reflected in Appendix A of DSHS’
Monthly Reports. Additionally, when DSHS issues its monthly reports, it will
simultaneously provide the data from Appendix A in Excel format to Plaintiffs.

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The Court ORDERS that from this point forward, calculation of compliance with the Court’s

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Injunction, Dkt. #131, calculation of compliance with the Modified Injunction as to In-jail

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Evaluations, Dkt. #303, calculation of contempt under the Order of Contempt, Dkt. #289, and

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any other aspect of the Court’s prior rulings that are not consistent with the Agreement text set

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forth above, are MODIFED to be in conformance with this Order.

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ORDER ADOPTING THE PARTIES’
MEDIATED SETTLEMENT
AGREEMENT -- NO. C14-1178 MJP

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DATED this 26th day of __April__, 2017.

A

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Marsha J. Pechman
United States District Judge

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Presented By:
ACLU OF WASHINGTON FOUNDATION

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s/ La Rond Baker
La Rond Baker, WSBA No. 43610
Margaret Chen, WSBA No. 46156
900 Fifth Avenue, Suite 630
Seattle, Washington 98164
[phone]
[e-mail]
[e-mail]

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CARNEY GILLESPIE ISITT PLLP

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ROBERT W. FERGUSON
Attorney General

s/ Christopher Carney
Christopher Carney, WSBA No. 30325
Sean Gillespie, WSBA No. 35365
Kenan Isitt, WSBA No. 35317
315 Fifth Ave South, Suite 860
Seattle, Washington 98104
[phone]
[e-mail]
[e-mail]
[e-mail]

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s/ Nicholas Williamson
Sarah J. Coats, WSBA No. 20333
Amber L. Leaders, WSBA No. 44421
John K. McIlhenny, WSBA No. 32195
Nicholas A. Williamson, WSBA No. 44470
Office of the Attorney General
7141 Cleanwater Drive SW
P.O. Box 40124
Olympia, WA 98504-0124
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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DISABILITY RIGHTS WASHINGTON
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s/ Emily Cooper
David R. Carlson, WSBA No. 35767
Emily Cooper, WSBA No. 34406
315 Fifth Avenue South, Suite 850
Seattle, WA 98104
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

ORDER ADOPTING THE PARTIES’
MEDIATED SETTLEMENT
AGREEMENT -- NO. C14-1178 MJP

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ORDER ADOPTING THE PARTIES’
MEDIATED SETTLEMENT
AGREEMENT -- NO. C14-1178 MJP

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