2015: In Many Ways, the State is Not Complying with the Jensen Settlement

Protecting the Rights of People With Developmental Disabilities

by Elizabeth Schiltz, J.D., February 3, 2015

There is much work yet to be done by Minnesota in order to achieve compliance with the Jensen Settlement. Federal Judge Donavan Frank, who approved the settlement with the State in 2011, has had to appoint a court monitor, disability rights lawyer David Ferleger, to oversee implementation of the settlement agreement and has twice extended the court's jurisdiction over the case in the face of the state's continued failure to live up to its agreement.

In a September order extending jurisdiction for another two years, Frank wrote: "Multiple admonitions to the Department of Human Services have been insufficient to secure effective action by the DHS to close the significant gaps between its stated intentions and actions. Continued implementation delays can no longer be tolerated. More importantly, the dignity, quality of life and best interests of every class-action member and similarly situated individuals with disabilities hinge on fulfillment of the promises made by defendants at the fairness hearing in this matter."

On October 17, 2014, the court monitor submitted another report titled "Behavioral Intervention Devices and Practices: Achieving Compliance in Community Programs," documenting continued use of restraints in violation of the settlement agreement with respect to two people: a man in a state-run home who essentially was isolated in his room 90% of the day, leaving his residence only a handful of times a year, and a woman in a state-licensed group home who repeatedly was confined to a restraint chair for up to 9 hours per day. Ferleger also offered data that "verified extensive statewide use in the community of mechanical and other restraints, including life-threatening prone restraint."