Friday, February 14, 2014

Federal Judge Grants Class Action

2/12/14

Federal Judge Grants Class Action for all Medicaid-Eligible Children Under the Age of 21 who have been Diagnosed with a Mental Health or Behavioral Disorder in the State of Illinois Attorneys Robert H. Farley Jr., Michelle N. Schneiderheinze and Mary Denise Cahill have secured a major court ruling in the litigation against the State of Illinois for failing to comply with federal law which requires all Medicaid eligible children up to the age of 21 to receive diagnostic and treatment services to address their behavioral or emotional or mental health disorders. On February 13, 2014, United States District Court Judge John F. Tharp, Jr., in N.B., et. al., v. Hamos, Case No. 11-6866, ruled that the lawsuit filed by nine Medicaid-eligible youths (under age 21) who have been diagnosed with various mental illnesses and/or emotional or behavioral disorders, including developmental disabilities can proceed as a class action against the State of Illinois. Judge Tharp certified the class defined as follows: All Medicaid-eligible children under the age of 21 in the State of Illinois: (1) who have been diagnosed with a mental health or behavioral disorder; and (2) for whom a licensed practitioner of the healing arts has recommended intensive home- and community- based services to correct or ameliorate their disorders. The lawsuit against the State of Illinois alleges that the Illinois Medicaid program fails to meaningfully provide intensive community-based residential or outpatient care for children with mental illness and emotional or behavioral disorders, instead over-relying on hospitals to provide temporary acute care, followed by grossly inadequate outpatient services consisting of little more than medication management and one hour per week of counseling. Judge Tharp has scheduled a status hearing on this case on March 13, 2014.


READ THE OPINION




Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2


Thursday, February 6, 2014

Be Careful with Settlement Agreements

Settling your Bloomington Illinois Divorce is almost always better than litigating. But, if you sign a Marital Settlement Agreement in Illinois, you had better be very careful as to what is, and is not, in that agreement, as this recent case from the Illinois Appellate Court points out:


In re Marriage of Chez (PDF)
Court properly found that joint property provision of parties' premarital agreement (PMA) was clear and unambiguous, even though it was silent on how to apportion costs in distribution upon dissolution. Parties, through PMA, agreed to opt out of coverage under Marriage Act and to set their own rules as to property. Court properly distributed two joint tenancy properties equally, and made no order of reimbursement of costs spent on one property, as PMA did not provide for it. Testimony of parties as to oral agreements is not relevant to interpretation of PMA, as PMA provides that any agreements as to real property must be written. (QUINN and PIERCE, concurring.)



Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2

McLean County Courthouse child-care room cuts hours

January 29, 2014 6:00 am  •  By Paul Swiech | pswiech@pantagraph.com



BLOOMINGTON — Less funding will mean reduced hours of operation for a service that helps to protect children while their parents are in court.

The Children’s Room, operated by Children’s Home + Aid in the McLean County Law and Justice Center, will be closed on Wednesdays and will close at 3 p.m. rather than 5 p.m. on the other weekdays, Tiffanny Powell, the agency’s family support services program manager, said Tuesday.

The cut will take effect next week.

“It’s really devastating to me to have to do this,” Powell said. “There will be children in the Law and Justice Center who will hear things that they shouldn’t.”

Judge Elizabeth Robb, chief judge of the 11th Judicial Circuit, noted that court proceedings can be long and harsh.

“Having a safe and child-friendly environment for children to play during court proceedings has been extremely beneficial to the children and to their parents and family members,” Robb said in a prepared statement. “We are very distressed to hear that, due to funding cuts, the hours of operation will have to be curtailed.”

The service includes three rooms for children up to age 12 whose parents have courthouse business, including those involved in domestic violence and child custody cases, Powell said. The service, staffed by an outreach worker, includes a nursery, toys and a computer station. In the fiscal year that ended June 30, 550 children used the service.

The service is supported by $5 from each civil case filed in McLean County as well as private donations. The service received $14,000 less from court filing fees last year because fewer civil cases were filed.

In addition, so far this fiscal year, private donations have dropped $3,000, said Angie Fulton of Children’s Home + Aid. The Children’s Room has an annual budget of $47,000.

Fulton hopes private donors can make up the difference.

“This is an unduplicated, needed service in our community,” she said.




Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2