DHS provides many resources to keep the public informed about activities, and performance of the agency and providers we license.
The Jensen Settlement Agreement is the result of a lawsuit filed against the DHS in 2009 alleging that residents of the former Minnesota Extended Treatment Options (METO) program were unlawfully and unconstitutionally secluded and restrained. The Jensen Settlement Agreement allowed the department and the plaintiffs to resolve the claims in a mutually agreeable manner. The Comprehensive Plan of Action outlines the path that the department will take to come into compliance with the terms of the agreement.
In July 2009, a federal class-action lawsuit was filed on behalf of individuals who had been subjected to seclusion or restraint at the Minnesota Extended Treatment Options (METO) program. The METO program was located in Cambridge, Minn. The lawsuit heard by U.S. District Judge Donovan Frank, was based in part on a report by the Office of Ombudsman’s for Mental Health and Developmental Disabilities.
Rather than a trial, on Dec. 5, 2011, the U.S. District Court for the District of Minnesota adopted a Settlement Agreement (PDF). The settlement is intended to bring significant improvements to the care and treatment of individuals with developmental and other disabilities in the state of Minnesota.
In 2012, Federal District Court Judge Donovan Frank appointed David Ferleger, Esq., as an independent consultant and court monitor in the Jensen, et al. v. Minnesota Department of Human Services, et al. case.
The court monitor is responsible to gather information and report to the judge on DHS’ progress related to meeting its obligations under the Jensen Settlement Agreement and Comprehensive Plan of Action.
To fulfill the requirements in the Settlement Agreement, a Comprehensive Plan of Action (CPA) was established. The Comprehensive Plan of Action includes three parts:
DHS officially closed the Minnesota Extended Treatment Options (METO) program June 30, 2011. The Minnesota Specialty Health System (MSHS)–Cambridge replaced the METO program. As part of the settlement, DHS agreed to close MSHS-Cambridge. Information on the closure and replacement of the MSHS-Cambridge to Minnesota Life Bridge can be found in DHS Bulletin 14-76-01 (PDF).
As part of the Jensen Settlement Agreement, DHS will revise Rule 40 (Minnesota Rules parts 9525.2700 to 9525.2810). Rule 40 governs the use of aversive and deprivation procedures in licensed facilities that serve persons with developmental disabilities. The new rule will apply to the use of positive supports. A page with updated information about the rulemaking project is online.
As part of the settlement agreement, the state and DHS agreed to develop an Olmstead Plan. To meet the court’s order, the Minnesota’s Olmstead Plan must:
The Olmstead v. L.C. decision requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs.
Minnesota’s Olmstead Plan will continue to be refined and updated over the coming years as the state implements the actions described in this plan, and as the subcabinet hears from stakeholders about what is working and what is not working.