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Pf UNITED STATES :QISTRICT COURT -- .... DISTRICT WYOMING ,

ANNA MARIA WESTON, by her guardian Barbra Weston,
et al.,
Plaintiffs,
v.
WYOMING STATE TRAINING SCHOOL, et al.,
Defendants.

)

)

)

)

)

)

)

CIVIL ACTION NO. C90-0004

)

)

)

)

)

--------------------------------+--------------------------------
STIPULATED AGREEMENT
--------------------------------+~-------------------- -----------

The Parties in the abo~~entitled action submit this Stipulated Agreement to the Coutt for its review and adoption, should the Court find this Settlement Agreement acceptable. It is anticipated that the Court will m~intain jurisdiction of this case until such time as the Stipulatec1 ,Agreement has been implemented.

TABLE O!l'; CONTENTS

(This Table of Contents ~s not part of the Stipulated

Agreement and is only for converlience of reference)

INTRODUCTORY CLAUSES

. .

ARTICLE I: DEFINITIONS

1.01 A Class Member's Riqh~a

E.ggg 1
2 2

1 .02 Adequate Resources . . • • . . • . . . . . ••

2

1.03 Admissions or Admissiqns Criteria or Properly

Admitted .

.'

2

1.04 Class Members

2

1.05 CODDDunicationiInformation

2

1.06 Completion Date • • . . .

2

1.07 Compliance Advisory Bo~~d

3

1.08 Dispute Resolution

3

1.09 Effective Date ..

3

1.10 Emergency Medical or R~apite Care

3

1.11 Exit or Transition P1a~

3

1.12 Heath Care Center.

. .

3

1.13 Hearing Officer

3

1.14 Interdisciplinary Team: (IDT)

4

1.15 Immediate Needs Assess~1nt Team (INAT)

4

1.16 Independent Case Manag~~ .

4

1.17 Individual Program Pla~(IPP)

4

(i)

1.18 Least Restrictive Envi~nment (LRE)

4

, '

1. 19 Notice .

4

1. 20 Parties

5

1.21 Protection & Advocacy s~stem, Inc. (P&A)

5

1.22 P&A Monitorinq • •

5

1.23 Parents, Guardians

6

1.24 Quality Assurance

6

1.25 Recreational Proqrams

6

1.26 Review by P&A

6

1.27 Standing

6

1.28 State

6

1.29 Superintendent

7

1.30 Time . . . . .

7

1.31 Wyominq State Traininq.School (WSTS)

7

EDUCATIONAL DEFINitIONS

7

1.32 Child Study Committee (¢SC)

7

1.33 Educational Needs AsSe~$ment Team (ENAT)

7

1.34 Free Appropriate Publiq'Education (FAPE)

7

1.35 Individualized Educaticiq Proqram (IEP)

7

1.36 Intermediate Education~~ Unit (IEU)

7

1.37 Local Education Agency '('LEA) . . . .

8

1.38 Least Restrictive Envi~dnment (LRE)

8

( i-i-)

ARTICLE II:

GENERAL PRINCIP~~ AND COVENANTS

2.01 Applicability

2.02 Principles

2.03 Community System Princ~ples

2.04 Protection and Advocacy (P&A)

2.05 Review Process

2.06 Complete Agreement

2.07 Severability

2.08 Law

2.09 Ex parte Communication

ARTICLE III: INDIVIDUAL PROGRhM PLANS

3.01 Purpose

3.02 IPP Components

3.03 Interdisciplinary Te~ (IDT)

3.04 IPP Timetable of Events

3.05 IPP Criteria

. . . .

3.06 Review Process of IPP • . • . • • . • . • . .•

3.07 Notice Requirements ••

3.08 Reporting Requirement$

3.09 Staffing

ARTICLE IV:

INDEPENDENT CASE ,~GE.MENT UNIT

4.01 Purpose

4.02 Caseload Standard

Page 9 9 9 10 12 13 13 13 13 14 15 15 15 16 16 18 18 18 19 19 20 20 20

(tid)

4.03 Financing . . .

. ,

4.04 Implementation

4.05 Management ••.

ARTICLE V:

. THE INSTITUTION

5.01 Reduction in Bed Capacity

5.02 Resident Living

5.03 Environment

5.04 Direct Care Staff, Mid~tevel Supervisors and

Clinical Staff

5.05 Staff Development

5.06 Recreational Programs

5.07 Food and Nutrition

5.08 Professional Service At~as

5.09 Restraints and Abuses •
. 5.10 Behavior Management •
5.11 Medication

5.12 Maintenance

5.13 Organization Chart
.. 5.14 Records

5.15 Management

ARTICLE VI:

COMMUNITY PLACEME~ AND STANDARDS

6.01 Resident Population andi !Movement

6.02 Area Resource Specialist:.

(iv) .!

page 21 22 22 23 23 23 25
27 29 31 32 35 35 36 36 39 40 40 42 44 44 47

6.03 Technical Assistance , .

6.04 Rate Setting MethodolQfY

6.05 Rules and Regulations·

6.06 Monitoring

6.07 Management.

· .

ARTICLE VII: EDUCATION

· .

7.01 Purpose

7.02 Emerson School 7.03 IEP Review Dates

• •
· .

7.04 Educational Needs Asse$sment Team

7.05 Parent Involvement. •

7.06 Surrogate Parent

· .

7.07 The Individual Education Plan

7.08 Transition

· .

7.09 Funding

7.10 Other Resources

· .

7.11 Personnel •..

ARTICLE VIII: IMPLEMENTATION, MpNITORING AND DISPUTE

RESOLUTION . . • . . . .

8.01 Compliance Advisory B~d

8.02 Members •

. •.

8.03 Functions and Duties
"
8.04 Liaison Personnel .

(~)

Page 48 48 48 49 49 52 52 52 52 52 53 53 53 54 54 54 54
56 56 56 57 61

8.05 Meetings . . • . . . '.' .

8.06 Dispute Resolution Pro~ess

8.07 Non-Compliance with Agt,ement

8.08 Appeals of lOT and IEPQecisions

8.09 Emergencies .•

. .

8.10 Hearing Officer

. .

APPENDIX A: CLASS MEMBER LIST

APPENDIX B: IMMEDIATE NEEDS ASSnSSMENT TEAM

B.01 Immediate Needs Assess.ent Team
. . B.02 Functions and Duties

B.03 IPP and IEP Integration

. . B.04 Screening

... .

B.05 Plans and Recommendations

. . B.06 Timetable

.

B.07 P&A Monitoring

B.08 Implementation

B.09 Costs.

APPENDIX C: APPENDIX D:

THE COMPLIANCE ADVISpRY BOARD PROTECTION & ADVOCACY SYSTEM, INC

Page
61 62 62 64 65 65 A-I B-1 B-1 B-1 B-1 B-1 B-2 B-2 B-2 B-2 B-3 C-l D-1

(vi)

STIPULATEQ:AGREEMENT

This Class Action was commerjced on January 3, 1990 against the

State of Wyoming by the named Pla~ntiffs on various constitutional

and statutory grounds, seeking ~~rovement of conditions at WSTS,

expansion of community resources and support services and transfer

of class members to community programs.

Plaintiffs are individuals with mental retardation residing

at WSTS.

Defendants are state officials in charge of

administering Wyoming's programs for class members. On April 30,

1990 this case was certified by the Court as a class action. As

certified by the Court, the class consists of "All individuals with

mental retardation currently at the Wyoming State Training School,

or who are currently or may in the future be at risk of placement

at the Wyoming State Training School, including youths from birth

to 21 years, adults and senior ciLtizens. (See Appendix "A" for a list of class members.)

Plaintiffs and Defendants, acting by and through counsel, by

agreement dated April 24, 1990, ahd filed herein on April 27, 1990,

established an agreed upon framewqrk which might expeditiously and

inexpensively as possible leap, to the settlement of this

litigation, thus this document was developed.

This Stipulated Agreement shalll be incorporated into an order of the Court.

1

ARTl1dLE I

DEFINITIONS: ' 'I CONSTRUCTION

1. 01

"A Class Member's RiSlits" mean those bas ic human and

legal rights which all citizens o;f the United States enjoy;

1.02

"Adequate Resources" mElCln resources pledged to accomplish

the purposes and requirements cor,tained herein;

1.03

"Acimissions" or "Admii~sions Criteria" or "Properly

Admitted" means criteria to be developed by the State that

furnishes the procedures to admit eligible class members to WSTS

within the bed limitations contained herein;

1.04

"Class Members" mean$ as the Court Order defined.

Appendix "A" contains a list of currently known class members.

A procedure for the addition or deletion of individuals from the

list is contained in Appendix "A". Appendix "A" shall be completed

by the State within forty-five (45) days of the date of this

Agreement and submitted pursuant to the review process.

1.05

"Co!DD!Unicationl Information " means public presentations

on the benefit of community $upports for individuals with

disabilities which includes the d~V'elopment of positive information

regarding the alternative array of services for people with

developmental disabilities.

1.06

"Completion Date" mean$' the date of December 31, 1994,

or any date, upon which there is final acceptance by the Court of

2

substantial compliance with the goals, objectives, terms and

conditions contained herein;

1.07

"Compliance Advisory ®f!rd or CAB" means the individual

or individuals appointed by ,the parties to have primary

responsibility for assisting the parties and the Court in carrying

out the implementation of the goals, objectives, terms and

conditions contained herein. (Article VIII herein)

1.08

"Dispute Resolution" means the process to initiate and

resolve disputes arising under this Agreement.

1.09

"Effective Date" means that date upon which the parties

execute this Stipulation.

1.10

"Emergency Medical or tespite Care" means care provided

to a class member properly admitted to the WSTS Health Care Center

on a short-term basis pursuant to Section 2.02(c).

1.11

"Exit or Transition !l'lan" means a plan designed to

provide for the success of the community placement for the class

member as consistent with their IFP. Such transition plan is to

begin as far in advance of the actual move as is possible, but in

no case less than six (6) months prior to community placement.

1.12

"Health Care Center" means the 29 bed unit as WSTS

specifically designed for medical purposes.

1.13

"Hearing Officer" means that individual appointed by the

CAB for purposes of resolving disputes arising under this agreement

for individuals with standing.

3

1.14

"Interdisciplinary Team" (IDT) means the group of persons

who develop an IPP consisting o:t::

(a) the class member;

(b) the QMRP;

(C) the independent case mBinager;

(d) parents or guardians;

(e) service providers;

(f) therapists or specialists; or

(g) anyone else necessary for the purposes of serving a class

member.

1.15

"Immediate Needs Asses~ent Team (INAT)" means the team

of experts agreed upon by the parties. See Appendix "B".

1.16

"Independent Case Manager" means the individual assigned

to a class member with the fun¢tions outlined in Section 4.01.

1.17

"Individual Program Plj;in (IPP)" means the criteria-

based document applicable to each class member that blueprints

goals, objectives, services and resources as set forth in Article

III.

1.18

"Least Restrictive ~nvironment (LM) " means the

residential setting and day pro~ramming which affords the class

member the most normalized lifestyle.

1.19

"Notice" means that all notices required by the terms

hereof shall be in writing, maiLed by first class or certified

mail, postage prepaid, with return receipt requested, and addressed

4

as follows:

To the State of Wyomirtg:

Attorney General's Of~ice Capitol Building Cheyenne, Wy 82002

To Class Members:

Protection & Advocacy System, Inc. 2424 Pioneer Ave., Su~te. 101 Cheyenne, Wy 82001

To Compliance Advisory Board: (see Appendix "C")

1.20

"Parties" refers to th~ State and P&A, or designees.

1.21

"Protection & Advocaqy System. Inc. (P&A)" means the

Wyoming private, non-profit co:t'poration known as Protection &

Advocacy System, Inc., which is established pursuant to federal

law.

1.22

"P&A Monitoring" refe~s to the process by which the

Wyoming Protection and Advocacy System, Inc. (P&A) is authorized

to access and inspect records of class members and to hold

discussions with class members, parents or legal guardians, WSTS

staff, and staff of community facilities. The purpose of the

monitoring process is to provide P&A accurate, complete, and timely

information regarding the impliementation of this Agreement.

Monitoring shall be carried out in the least obtrusive manner

possible. P&A's monitoring aUthority may be delegated by

P&A to the agency's successors, assigns, representatives,

5

and/or experts.

As requi.red by P&A' s federal enabling

legislation, confidentiality of ¢lass members shall be maintained.

1.23

"Parents" or "GuardiaI1s" means the parents of minors or

the legal guardians of class members.

1.24

"Quality Assurance" m~ans the process to assure class

members are receiving programs ~hich meet their needs.

1 . 25

"Recreational Program!!" is meaningful age appropriate

leisure-time activities developed pursuant to Section 5.06 and a

class member's IPP. Class members shall not be considered to be

receiving recreational programming merely because he or she is

outdoors. Recreation shall be conducted individually or in small

social groups except for activities such as softball or swimming,

where larger numbers are appropriate.

1.26

"Review by P&A" means that the State, with respect to

goals, objectives, terms or cOIld.i tions contained herein, shall

provide the proposed final documents, plans, procedures, poliCies,

programs, rules and regulations, and related items, to P&A for

review and comment prior to adoption. (See Appendix "D")

1.27

"Standing" means the following individuals or entities

with the right to appeal, pursuant to Article VIII: 1) class

members; 2) State; 3) P&A; 4) parents of minors; and, 5) legal guardians.

1.28

"State" means the State of Wyoming, its boards, agencies

or departments.

6

1. 29

"Superintendent" means the Superintendent of the Wyoming

State Training School.

1.30

"Time" means any date referred to in this Agreement which

has expired is extended to ninety (90) days after the execution of

this Agreement.

1.31

"Wyoming State Trainin9Schooi IWSTS)" is defined by W.S.

25-5-101, et seq., and the amendments thereto.

EDUCATIONAL PEFINITIONS

1. 32

"Child Study Committee. (CSC)". A committee which is

established by the LEA/lEU Special Education Director or designee

to review and revise the class members' IEP.

1.33

"Educational Needs Assessment Team (ENAT)". A team of

experts for the purpose of developing plans and recommendations to

address class members educational needs.

1.34

"Free Appropriate Publa,c Education (FAPE)" means the

individualized educational supports and services for class members

provided at public expense. This term is related to special

education and related services for class members.

1.35

"Individualized Education Program (IEP)" means a written

educational plan of supports and services for an individual class

member under the age of 21.

1.36

"Intermediate Educational Unit (lEU)" means the Division

of Community Programs of the State Department of Health for class

members age 3 to 5 years.

7

1. 37

"Local Education Agency' (LEA)" means a school district

in the State serving class members age 5 to 21.

1.38

"Least Restrictive gnvironment (LRE)" means the

educational setting which affords the class member the most

normalized lifestyle.

8

ARTICI.oE II

GENERAL PRINCIPljES AND COVENANTS

2.01

Applicability.

This Agreement contains goals,

objectives, termS and conditions applicable to the WSTS, community

supports and services, and educational services with respect to

class members.

2.02

Principles.

The following principles guide this

Agreement:

a) Services and supports shall be tailored to the distinct

and unique characteristics and circumstances of each class

member.

b) Each class member's IPF shall include a time frame for

transitioning to the least restrictive living environment and

day programming feasible for that individual.

c) Admissions of class members to WSTS shall be limited to

cases of emergency medical or respite care, which shall be

provided for the shortest time necessary to serve the needs

of the class member. Such temporary placements shall be

reviewed by the lOT at intervals of no more than thirty (30)

days beginning from the date of admission of the class member

until such placement ends.

d) During the pendency of this Agreement, there shall be no

new admissions to WSTS, except those subject to the provisions

of Appendix ··A".

9

e) Life in the community is a basic human right, not a

privilege to be earned.

f) Each class member has a right to participate in normal

every day life.

g) Each class member can grOw and develop.

h) All class members and etmployees shall be treated with

dignity.

i) Class member autonomy shall only be subject to State

intrusion to the absolute minimum extent necessary to receive

the appropriate supports and services.

j) A class member's rights shall be cherished, valued,

protected and actively promoted.

k) Services shall be provided in a manner which meets the

needs of class members regardless of their funding eligibility

or participation in any particular government program.

1) Class members, parents and guardians are expected to play

an active and meaningful role in the development and

implementation of appropriate supports and services in

accordance with the class members' IPP.

2.03

Community System Principles. The service delivery system

shall be designed in a manner to insure that necessary supports and

services are provided as individually required.

a) Generic services, are those services available generally

in the community, shall be utilized first. Where such

10

services are not available and cannot reasonably be developed generically, the service shall be obtained from existing providers of developmental disability services. Where such services are not available or cannot be provided in a timely fashion, new services shall be developed. b) The syste~ shall be a single integr~ted means of provision of support to all Wyoming citizens with mental retardation. C) Control of the system shall be at the individual level in order to insure responsiveness to class member's needs, changing circumstance, and the local environment. d) The system at the community level shall provide services to persons with varying degrees and types of disabilities, including those with medical and behavioral disabilities. Regional hospitals, medical professionals, and health care providers shall be used as necessary for health care supports. Community mental health centers and programs shall assist in the development of behavioral supports. e) The system shall provide services and supports to class members of all ages. f) The system shall be strengthened by the intentional inclusion of partnerships at the federal, state, and area levels. Planning and implementation shall specify the unique role to be played by each. g) Appropriate safeguards nlust be implemented at all
11

levels (e.g. at the level of class member planning; at

the level of system planning.)

(h) The State undertakes the goals and objectives of

the Agreement for the class members with the

understanding by the parties that success is measured

herein by the ultimate outcome for the class.

2.04

Protection and Advocacy System. Inc.

a) In carrying out its responsibilities, P&A shall act

in accordance with P&A's authorizing legislation. P&A

is an independent non-profit corporation whose

independence from state control, appointments, and budget

restrictions is critical to the monitoring and other

safeguard provisions contemplated in any court orders

and agreements.

(b) By the terms 0 f this 1lgreement, the State shall

ensure that during the pendency of this action and any

subsequent court orders, that the currently existing

Wyoming P&A shall remain as an independent, private non-

profit corporation in all ways and as it is presently

constituted with board members apPointed by the P&A Board

and which is authorized to receive the State's

appropriated funds.

12

2.05

Review Process

(al Any proposed final rule, regulation, plan, policy,

procedure, program as set forth in Appendix "0" shall

not be adopted by the State unless the State submits same

to P&A for review and comment. P&A shall have a

reasonable opportunity for review and to make written

comment.

(bl The parties shall exchange information to ensure

that a coordinated, cooperative effort is undertaken

which will benefit the class as a whole.

2.06

Complete Agreement. This Agreement incorporates the

complete understanding of the parties and is executed with the

express agreement that all previous written and/or oral agreements

or understandings are incorporated herein; and that this Agreement

supercedes and takes precedence over all previous agreements,

stipulations or understandings.

2.07

Severability. This Agreement is severable, in that if

an Article or Section is determined, for whatever reason, to be

void or unenforceable, the remainder of this Agreement is to remain

enforceable by the parties.

2.08

Law. The applicable law to this Agreement is that body

of Federal and State law pertaining to the class members including

the rules and regulations of both State and Federal governments,

departments, or agencies as written.

13

2.09

Ex parte Communication. To insure the neutrality of the

parties and CAB, no one is to have ex parte communication with the

United States District Court for the District of Wyoming.

14

ARTICLE III

INDIVIDUAL ERQGRAH PLANS

3.01

Purpose. Each class member shall be provided supports,

services and environments which are specifically designed and
tailored by the IPP to insure pa~ticipation in and control of the

ordinary circumstances of life. Such supports, services, and

environments shall insure the guarantee of individual rights for

all class members.

3.02

IPP Components. The IPP shall be written and based on

current conditions and shall include but not be limited to:

a) The class member's immediate and long-term goals and

objectives;

b) the class member's strengths and needs;

c) specific and measurable objectives for each goal which

identify in behavioral and sequential terms the developmental

steps that will be taken to attain the goal;

d) the persons and resources necessary for implementation of

each objective;

e) the identification or design of the supports and services

most conducive and least intrusive for achieving the goals;

f) other considerations, in.cluding but not limited to INAT

assessments.

g) while the person continues to reside at WSTS, an

exit/transition plan shall always be part of the IPP planning;

15

h) a retirement plan shall be developed for class members 55

years of age and over;

i) if necessary, a design far home living that identifies the

supports and assistance required at home and work; and how the

individual will interact with his/her community, make friends,

get around; and so forth;

j)

The IPP shall describe the class member's daily

programming and shall contain a twenty-four hour schedule

which identifies the individual's usual pattern of the day.

The amount of programming shall be described by the plan, but

only under exceptional and documented circumstances shall it

provide less than six (6) scheduled hours of program activity

per day deSigned to accomplish the achievement of stated

objectives. Recreational activity identified in Section 5.06

of this document shall not be substituted as a part of the six

hours.

3.03

Interdisciplinary Team ("lOT"). Each Class Member shall

have a qualified mental retardation professional (QMRP) at WSTS

and/or an Independent Case Manager during transition and thereafter

and an IPP developed and regularly reviewed and revised by an

Interdisciplinary Team ("IDT").

3.04

IPP Timetable of Events. IPPs shall be developed in

accordance with the following and pursuant to the criteria noted

above in Section 3.02:

16

a) The parties recognize that the implementation of the IPP is of the highest priority, but that this requirement may be impacted by the campus physical modifications, increasing staff ratios, and downsizing schedules of WSTS and other matters agreed upon in this Agreement. This recognition, however, shall not be construed as an admission that in any way limits either party from arguing to the CAB that the State has or has not used due diligence in seeking all available resources in implementing all such IPP's. b) In the event that the State contends that such timelines cannot be met, then it shall submit its documented basis for this contention to the CAB for approval of any extension. c) By June 30, 1991, IPP's including Individual Education Plans (IEP' S) shall be in place and implemented (subject to (b) immediately above) for all class members at WSTS under the age of 21. d) By December 30, 1991, IPP's shall be in place and implemented (subject to (b) immediately above) for all other class members of WSTS. e) IPP's which are consistent with the approved criteria shall be in place and implemented (subject to (b) immediately above) for all class members receiving
17

community services by no later than December 31, 1992.

3.05

IPP Criteria. Within sixty (60) days of the effective

date of this Agreement:

a) The State shall draft criteria for IPP. The criteria

shall be submitted pursuant to the review process.

b) The State will continue to provide services without

interruption.

3.06

Review Process of IPP.

a) The IPP shall be reviewed at least monthly by the QMRP

and/or the Independent Case Manager, and at least annually by

the lOT team, to ascertain progress, regression and need for

revision of the plan.

b) Where it is evident that a plan is no longer applicable

or is not working, the team shall revise the plan.

c) In the interim between an annual IPP meeting, if a team

member perceives a reason for an additional team meeting,

he/she shall notify the team leader who shall convene the team

as soon as possible, but not to exceed thirty (30) days.

d) There may be periodic and random review of IPP's by P&A.

3.07 Notice Requirements. Notice of all IDT/IPP meetings

including a listing of relevant documentation will be submitted to

all IPP team members and an opportunity to attend and fully

participate in a conference shall be extended to all members.

18

3.08 Reporting Requirements. Parents and guardians shall be kept informed of the class member's educational, vocational, and living skills, progress and medical condition to assure active and meaningful participation. 3.09 Staffing. Specified direct care employee shall have continuing responsibility for. each resident's daily living and
..
safety. Records shall be maintained listing such employees and the class members for whom they are responsible.
19

ARTICLE IV

INDEPENDENT CASE MANAGEMENT UNIT

4.01

Purpose. Independent Case Management Unit is the system

of individuals assigned to a class member with the following

functions:

a) Be the 'point of contact at intake, when a class

member or his/her family wants to initiate services;

b) Assess whether the class member qualifies for

services based upon standard service qualification

criteria;

c) Assist the class member to receive services;

d) Assist the class member to become a part of his/her

community;

e) Advocate for and with the class member as necessary;

f) Coordinate the delivery of all services to the class

member;

g) Be available to help the class member in arranging

medical and other appointments;

h) To carry out his/her responsibilities outlined in

this agreement;

i) Such other services necessary to assist the class

member reach his/her program goals.

4.02

Caseload Standard. Following entry of this Agreement,

independent case management for class members shall be

20

as follows:

a) The caseload standard for class members shall be one (1)

case manager for every fifteen (15) to twenty-five (25) class

members.

b) All class members to remain at WSTS shall have case

managers assigned at a standard of approximately 1:50 no

later than March 31, 1992.

c) The standard may vary as determined by the State

according to complexity of the individual cases within

a caseload; the individual needs of class members; and

the relative ability of the family or class member to act

as the class member's advocate.

d) The standard for supervisors shall be no more than eight

(8) case managers for each supervisor.

4.03

Financing. Providing adequate case management services

cannot be decided purely in financial terms; case management cannot

be accomplished without significant funding by the State from

whatever revenue sources exist in order to meet the following

objectives:

a. The role of the StatE! is to provide efficient and

effective Case Management services and facilities to meet the

objectives contained herein and to provide the services set forth

in IPP's;

b. The State is responsible for budgeting sufficient funds

21

to meet the objectives in this Agreement and the services set forth

in the IPP, including training and case managers.

4.04

Implementation.

The Independent Case Management

assignment timelines shall be as follows:

a) By December 31, 1991:

1) All class members residing in the

community.

2) All class members applying for community

services residing at WSTS.

3) All class members to be transitioned into

the community in calendar years 1991 and 1992.

b) By March 31, 1992, all other class members.

4.05

Management

a) The Independent Case Management system shall be

established in the State Department of Health and shall

be independent of the Division of Developmental

Disabilities but on the same level.

b) A plan including rules and regulations for the

Independent Case Management system shall be submitted

pursuant to the review process.

22

ARTICLE V

THE INSTITUTION

5.01

Reduction in Bed Capacity.

a) By December 31, 1994, and thereafter, WSTS shall be

reduced to an institution of 190 or fewer beds.

b) Twenty-nine (29) of the 190 beds shall be reserved for

persons properly admitted to the WSTS Health Care Center.

5.02

Resident Living

a) This section shall apply to dress, grooming, movement, use

of free time and contact and communication with the outside

community, including access to education, vocational and

therapy services in generic settings. Each class member shall

have the opportunity to learn skills that help him/her learn

how to successfully integrate with his/her environment and how

to make choices necessary for daily living.

b) Each class member shall be provided with clean, adequate

and seasonally appropriate clothing. Such clothing shall be

individually chosen and comparable in style and quality with

clothing worn by persons of similar age and sex in the

community.

c) Within and subject to the IPP process, WSTS shall assist

each class member to move from 1) more to less structured

living; 2) group to individual residences; 3) segregated from

the community to integrated with the community; and 4)

23

dependent to independent living, to the maximum extent of his/her capabilities. d) Class members shall not be segregated according to disability or degree of disability. e) All class members shall, except where otherwise indicated by a licensed medical personnel's order which demonstrates cause, spend no less than twelve (12) hours of their waking day out of bed and dressed in street clothes, spend a majority
,
of their waking day out of their bedrooms, have planned daily activity, and be rendered mobile by :!uitable methods and devices. Each class member's schedule shall be that schedule designed by the IPP team and be consistent with the IPP. Class members shall not stay in beds, cribs, wheelchairs or orthopedic carts all day long, except on the written order of licensed medical personnel. All such standing physician orders will be reviewed when the IPP's are reviewed. f) As soon as possible, but no later than sixty (60) days from the effective date of this Agreement, the parties shall prepare, a document listing the legal and civil rights of class members, which shall be circulated to staff and class members, parents and guardians of class members, and P&A, and posted throughout WSTS. Training shall be provided regularly to class members, their parents and guardians, and staff on rights and responsibilities.
24

5.03

Environment

a) Except as otherwise noted in this Agreement, by June 30,

1991, the State shall provide living facilities which afford

residents privacy, comfort and sanitation. This shall

include, but not be limited to:

i) accessible, private and easily usable toilets and

bathing facilities, including specialized equipment for

persons who have physical disabilities. Appropriate

temporary facilities may be utilized.

ii) accessible and easily usable sinks and drinking

facilities.

iii) adequate toilet paper, soap, towels, linen and

bedding.

iv) individual bed and dresser or storage place.

v) attractive and comfortable living and sleeping areas

as soon as reasonably practical.

vi) normalized furnishings and leisure equipment.

vii) normal living temperatures, including water

temperature regulation, and adequate ventilation.

viii) separate clean and dirty linen storage areas.

ix) secure individual storage space.

b) The number of life safety code beds at WSTS will be 162

beds by no later than March 31, 1992.

c) Excepting 401 and 404 Meadowview, living areas shall be

25

sectioned and partitioned (floor to ceiling partitions) so

that no more than eight (8) class members live or sleep in one

unit.

Programming and working areas shall be quiet,

appropriately designed and conducive to programming.

Architectural barriers which impede living and programming for

class members with physical disabilities shall be corrected

or removed. Class members shall be encouraged to decorate

their living areas and to select their furniture.

d) Every building shall be kept clean, sanitary, odorless,

and insect and rodent free at all times, and sufficient

equipment and cleaning supplies, such as brooms, mops, etc

shall be provided to housekeeping staff for this purpose. In

particular, lavatory areas are to be cleaned as often as

necessary every day, and bathtubs shall be cleaned after the

bath of each class member.

e) Housekeeping staff and services shall be provided to all

living units every day in both the day and evening shifts.

Adequate housekeeping staff shall be employed for this

purpose.

f) Class members shall not ordinarily sit or be on the floor

only for therapeutic reasons (i. e. physical therapy

positioning) or when participating in activities that require

sitting or being on the floor.

g) Each class member shall, as prescribed, wear and use

26

glasses, hearing aids, crutches, braces, and other adaptive

equipment in their living units, and class members who need

such aids shall be provided with and assisted to use them.

h) Toys and equipment, as appropriate to each class member's

needs, shall be readily accessible to class members during

waking hours.

5.04

Direct Care Staff« Mid-Level Supervisors and Clinical

Staff

a) Each class member at WSTS shall receive supports and

services as necessary every day in accordance with his/her

IFP to assure adequate care and leisure experience and eating

assistance. The direct care staff's primary responsibility

shall be the care and development of each class member. To

this end, appropriate provision shall be made to ensure that

direct care staff are not required to perform significant

routine housekeeping chores, except during the third or night

shift when time shall only be spent if available after

providing necessary class member care.

b) WSTS shall employ, train, and maintain sufficient direct

care staff to ensure that the following staff number shall be

present and on duty:

i) During normal waking hours, there shall be no less

than one (1) aide for each four (4) class members. The

administration shall ensure that staffing is adequate to

27

the complexity of the living environment and the needs of the class members. ii) During sleeping hours there shall be one (1) aide for each ten (10) class members. c) By December 31, 1994, the overall staff to client ratio shall not be less than 3.5 staff to 1 client. d) WSTS shall develop and implement a plan by June I, 1991 for on-call help (i. e. substitute roster) when a staff person is ill or otherwise unable to work his/her regularly scheduled hours. e) There shall be a minimum of one (1) supervisor or charge for every six (6) direct care staff on duty regardless of shift. f) WSTS shall establish and maintain an overall ratio of clinical staff to class members as required by the IFP's. No later than December 31, 1993 the ratio of clinical staff to residents shall be no less than one (1) full time equivalent clinical staff to three (3) class members. For this purpose, clinical staff shall include, physiCians, psychologists, dentists, nurses, pharmacists, teachers, physical therapists, social workers, speech and hearing therapists, occupational therapists, recreation therapists, music therapists, qualified mental retardation professionals, psychologist/behavior speCialists, teacher/vocational development specialists and
28

case managers, but shall not include aides and mid-level

supervisors. Each of the above clinical disciplines shall be

adequately represented by appropriately qualified staff. The

numbers of class members to be included within each discipline

shall be at the discretion of the Superintendent, but the

minimum number of clinical staff shall apply and be dictated

by IPP' s and aSSigned commensurate with the IPP' s by the

Superintendent.

5.05

Staff Development.

a) The State shall actively recruit qualified staff,

including top-level management and professionals, whose

licensure, certification or qualifications would be suitable

for practice or employment in comparable circumstances in the

community. All personnel shall meet minimum requirements of

their job descriptions.

b) There shall be full staff and volunteer orientation and

training programs on an ongoing basis, with a plan for

continuing training hours, to increase employee's skills and

interest in achieving the program goals of the class members.

Within ninety (90) days of the effective date of this

Agreement, the State shall prepare and submit to P&A, pursuant

to the review process, a training plan (and subsequent updated

plans) to improve WSTS's orientation and in-service training

programs, which plan shall specify the proposed staffi2ng,

29

curriculum and duration of such program.

C) At a minimum, the training plan shall meet the following

criteria:

i) The training plan shall be updated annually by the

State.

ii) The training plan shall incorporate standards to be

accomplished that are measurable and documented.

d) Each classified or contract employee shall have a current

evaluation and goal setting document, as prescribed by the

State's Personnel Department.

e) WSTS shall establish a system of incentives that encourage

staff to increase productivity and maintain morale (e. g.

attendance at regional and national training seminars).

f)

A staff exchange program shall be designed and

implemented, which provides WSTS staff and community program

staff an opportunity to visit and learn from each other and

their progress.

g) By the effective date of this Agreement, a WSTS

ombudsperson/client rights specialist shall be available who

will focus on class members rights and services and who will

be freely available to staff without retaliating against staff

who report abuse, neglect, or other issues and who will be in

a separate office not tied to another WSTS department. Such

30

an ombudsperson shall be retained on either a consultant basis

or as an authorized staff employee. The ombudsperson shall

make at least quarterly reports to the superintendent, the

CAB and to Protection and Advocacy, or more often if any

report requires immediate response. The ombudsperson/client

rights specialist reports directly to the Superintendent.

An ombudsperson shall have independent authority to make

any appropriate investigation in order to ascertain the true

facts about the alleged wrongful practice or violation of

individual civil rights. In order to assure the employee that

s/he need not fear retaliation or revenge by fellow employees

or WSTS, a report by an employee shall be confidential, unless

waived by the employee. Such employee shall not be discharged

or otherwise discriminated against for making any report of

alleged abuse, neglect or violation of individual civil

rights.

h) Subject to federal funding and availability, WSTS shall

maintain a foster grandparent program.

5.06

Recreational Programs.

a) Recreational programs at WSTS shall be suitable to the age

of the class member and shall meet the recreation needs of

each class member(s) as set forth in his/her IPP as soon as

possible but no later than December 31, 1993. There shall be

enough recreational equipment to provide adequate recreation

31

services for class members. Whenever possible, recreational activities shall take place in the community. Additional vehicles shall be provided to ensure adequate transportation of all class members, regardless of disability. There shall be special emphasis on equipment for lower functioning class members. The recreation program shall conform as closely as possible to normal community recreational activities, in particular in terms of equipment, age and sex grouping, facilities and surroundings. b) Unless there is a medical order or IPP team recommendation to the contrary, a minimwn of two (2) hours per day of recreation activities shall be provided for each class member. c) There shall be at least one (1) recreational therapist or speCialist for every fifty (50) class members, assisted by recreation therapy aides. Recreation staff shall receive inservice training and shall conduct activities during the day and evening. d) Age-appropriate library facilities and material shall be developed for the use of class members. 5.07 Food and Nutrition. A) Class members shall immediately receive a nourishing, well-balanced, nutritionally adequate diet. b) The parties recognize that the implementation of the remaining services identified in this Section is of the
32

highest priority. Food and nutrition services required

by Section 5.07(b) through 5.07(i) shall be implemented

as soon as possible but no later than December 31, 1993.

This requirement, however, may be impacted by the campus

physical modifications, increasing staf f ratios, and

downsizing schedules of WSTS and other matters set forth

in this Agreement.

c) Unless IPP's otherwise dictate, each class member

shall learn to feed him or herself and shall receive hot

and cold foods and beverages in normal fashion with due

regard for personal hygiene (including washing hands

before and after every meal), use of appropriate

utensils, quantities of food, dining room surroundings,

meal schedules which correspond to normal community

standards, with no less than thirty to forty-five (30-

45) minutes allotted for each resident's meal. Unless

contraindicated for medical reasons, class members shall

learn to eat in family style and to choose their own

quantities and items according to individual tastes and

preferences and dietary needS. Direct care staff shall

be trained in and shall utilize proper eating assistance

techniques.

d)

Each class member shall receive liquids at

appropriate intervals during each meal, not just at the

33

end of the meal. The food and nutrition needs shall meet the standards of recommended dietary allowances. There shall be a mechanism for ensuring that class members who shall require special diets receive them. e) A medical order reviewed by the lOT shall be required if class members are to be fed a diet other than solid foods, are to be fed in any setting other than a suitable dining area, or are to be fed in a prone position. f) There shall be a sufficient number of competent personnel, including personnel with experience in mental retardation, to instruct the staff and to fulfill the objectives of the food and nutrition services, including:
1. Institution FoOd Administrator; 2. Nutritionists and/or dieticians; 3. Speech, Occupational Therapists or other specialists with skills in oral motor facilitation; 4. Other food service personnel. g) Dining areas and food storage, preparation and distribution shall be in compliance with state and local sanitation requirements. There shall be sufficient dishes and utensils for all class members, which shall be thoroughly cleaned between uses. h) Food shall be prepared by methods that preserve
34

nutritional value, served at normal temperatures, and

protected from contamination in transport and storage.

i) Denial of a nutritionally adequate diet shall not be

used as punishment, or as part of a behavior modification

program.

j) Lists of class members on special diets shall be

maintained and available to appropriate food service

personnel.

5.08

Professional Service Areas

a) Each class member who has not had a complete medical and

dental examination within the past year shall have such

examinations as soon as possible, but no later than twelve

( 12) months of the effective date of the signing of this

Agreement.

b) Emergency dental/medical care shall be available on a 24-

hour seven-day-week basis.

C) No unnecessary physical or chemical restraints shaLl be

used on class members during medical/dental treatment.

d) Annual visits to the dentist shall be part of a

preventive dental plan.

5.09

Restraints and Abuses

a) Mistreatment, neglect or abuse in any form to any class

member shall be prohibited. Within three (3) months of the

35

------------------------------ -
which shall not exceed ninety (90) days. The chief medical officer or pharmacological professional shall provide an annual statement of the volume and frequency of drugs administered by type and condition of each class member. c) Each class member's IPP shall address the individual's medication needs and the medication's effect. The IDT shall monitor the drug regimen of each class member. d) In every instance where a psychotropic medication is used, a behavior management plan with adequate documentation shall be developed and implemented for the reduction or elimination of psychotropic medication usage. e) Each class member shall have a right to be free from unnecessary or excessive medication. Polypharmacy shall be avoided unless specifically medically indicated. f) Pharmacy services at WSTS shall be directed by a professionally competent and licensed pharmacist. Whether employed full time or on a contract baSis, the pharmacist shall perform duties which include but are not limited to the following:
i) receiving the original or direct copy, of the physician's drug treatment order;
37

ii) reviewing the drug regimen, and any changes,

for potentially adverse reactions, interactions,

contradictions, rationality, and laboratory test

modification, and advising the physician of any

recommended changes, with reasons, and with an

alternate drug regimen;

iii)

maintaining for each class member an

individual record of all medications (prescription

and non-prescription) dispensed, including

quantities and frequency of refills.

g) Only appropriately trained staff shall be allowed to

administer drugs. Staff administering oral medications

shall ensure that they are swallowed by the class member.

Class members shall be trained to self-administer

medications.

h) Written policies and procedures that govern the safe

administration and handling of all drugs shall be

developed by the responsible pharmacist, physiCian, nurse

and other professional staff.

i) each drug shall be tracked to the pOint of

administration.

ii) medications shall not be used by any class

member other than the one for whom the medication

was issued.

38

iii) procedures shall be established for obtaining

drugs when the pharmacy is closed.

i) Drugs shall be stored under proper conditions of

sanitation, temperature, light, moisture, ventilation,

segregation, and security.

j) Discontinued and outdated drugs, and containers with

worn, illegible or missing labels shall be returned to

the pharmacy for proper disposition.

k)

. Medication errors and drug reactions shall be

recorded and reported immediately to the practitioner

and/or clinical department who ordered the drug and shall

be reported separately in the medication records.

5.12

Maintenance

a) WSTS shall comply with the provisions of the Life Safety

Code of the National Fire Protection Association as soon as

possible, but no later than December 31, 1994.

b) The State shall maintain a program of adequate maintenance

of buildings and equipment.

c) As soon as possible, but no later than December 31, 1994,

floors in living or sleeping areas other than dining or

bathroom areas shall be provided with carpeting or other

appropriate floor covering meeting residential needs.

d) Hazardous chemicals shall be properly labeled and stored

to insure the safety of the class member.

39

5.13

Organization Chart.

a) A meaningful organizational chart of WSTS staff shall be

maintained, clearly defining areas of responsibility and

accountability by pOSition and name. A means for resolving

disputes between units and professional departments shall be

created, including'methods for clari.fying any misunderstanding

that may arise in this regard. WSTS management shall be

evaluated as determined by the State.

b) A policies and procedures manual shall be maintained and

updated no less than annually by WSTS. Revisions shall be

made as necessary incorporating review and consideration

from staff and consultants and/or review process.

c) The management of WSTS shall involve all appropriate

levels of employees in facility planning and committees.

5.14

Records

a) There shall be a unified system for all records for each

class member, developed and maintained under the supervision

of a competent librarian or registrar. Each class member's

records shall be readily available to all professional staff,

consultants and the CAB. Direct care staff consultants and/or

CAB involved with a particular class member shall have access

to those portions of a class member's records relevant to

programming. Information shall be incorporated in the class

member's records in sufficient detail to enable those person's

40

involved in the class member's program to provide effective

continuing services. All entries in the class member's record

shall be legible, dated and have . the signature and

identification of the individual making the entry.

b) These records shall include:

i) Identification data;

ii) The class member's history, including but not

limited to:
* relevant family data, including family visits and

contacts, educational records;
* prior institutional medical history, both physical

and mental;

iii) An inventory of the class member's life skills;

iv) A record of each physical examination, psychological

reports, and any other evaluations, including all those

required by this Agreement;

v)

A copy of each c lass member's IPP and any

modifications or revisions thereof, with an appropriate

summary to guide direct care staff in implementing each

plan;

vi) The findings made in periodic (at least quarterly)

reviews of the class member's response to his/her

development;

vii) All social service reports;

41

viii) The community placement plan and any modifications or revisions thereof; ix) A medication history and status; x) A description of any incidents or accidents involving the class member to be entered by a staff member noting personal knowledge of the incident or accident, or other source of information, including all appropriate reports of investigations of the class member's mistreatment; xi) A monthly summary of the extent and nature of any work activities and the effect of such activity upon the class member's growth and development; xii) Minutes of all lDT team meetings of the class member; xiii) All other class member's orders and certifications required by this Agreement, or any other agreement, decree, or court order; xiv) The State shall employ an adequate number of appropriately qualified staff to facilitate the prompt and accurate processing, typing, checking, indexing, filing and retrieval of records and record data.

5.15

Management

a) WSTS shall develop and implement an Internal Quality

Assurance Plan, including Peer Reviews, to be submitted for

42

the review process to P&A. All relevant disciplines at WSTS (e. g. medical, psychology, etc.) shall have input to the quality assurance plan. b) WSTS shall establish and implement plans as necessary to achieve the outcomes identified in this Agreement. c) By December 31, 1991 and December 31, 1993, WSTS shall prepare updated four (4) year plans and submit them to P&A for the review process. d) Efforts and services of WSTS and community programs should be integrated into one coordinated authority as appropriate under the provisions of the Wyoming State Government Reorganization Plan, and consistent with the need to maintain continuity of government oversight of WSTS. e) A Community Integration Services Office shall be created within the WSTS. The Community Integration Coordinator will be an individual who believes in community placement and who is an advocate of the rights of people with disabilities. This individual will facilitate effective transition into the community and ensure that barriers to such transition are removed. The Community Integration Coordinator shall submit reports to the CAB which will contain such information as progress made, barriers to transition, and recommendations for facilitating the transition, etc.
43

ARTICLE VI

COMMUNITY PLACEMENT AND STANDARDS

6.01

Resident Population and Movement

a) By December 31, 1994 and thereafter, WSTS shall be reduced

to an institution of 190 or fewer beds; twenty-nine (29) of

these beds are reserved for persons properly admitted to WSTS

Health Care Center. To achieve this desired goal, the

resident population shall be reduced according to the

following formula:

i) By June 30, 1991, the WSTS residing on-campus census

shall not exceed 310.

ii) By June 30, 1992, the WSTS residing on-campus census

shall not exceed 270.

iii) By June 30, 1993, the WSTS residing on-campus census

shall not exceed 215.

iv) By June 30, 1994, the WSTS residing on-campus census

shall not exceed 170.

v) By December 31, 1994, the WSTS campus shall not

exceed 161. WSTS may maintain a bed capacity not

exceeding 190 with the understanding that 29 of that

capacity shall be reserved for class members properly

admitted to the Health Care Center of WSTS. The CAB

shall evaluate as needed.

vi) For the purpose of this Agreement, WSTS on-campus

44

census shall mean those class members residing on-campus

and admitted to the WSTS and shall not include persons

residing at WSTS for emergency medical or respite care

on a short-term basis.

b)

WSTS class members shall be discharged to community

settings in accordance with the IPP's team assessment,

including, but not necessarily limited to, the following:

i) independent living;

ii) natural home;

iii) adult companion program;

iv) shared living arrangement;

v) foster home;

vi) supported living arrangements;

vii) small group living of no more than four (4)

persons.

c) To accomplish these objectives, the State shall for the

next four years, provide appropriations sufficient for the

development and operation of community support services

throughout the state to serve the needs of the class.

d) Each class member, according to individual choice and the

IPP process, shall be placed in a location as close as

practical to the area in which his/her parents/guardians, and

other interested parties reside.

e) Community support services may include existing community

45

programs, facilities and other services developed as a consequence of the need to provide appropriate services and supports for class members. The State shall take all steps necessary to develop and operate a broad range of community facilities, programs, and support services to meet the needs of the class members. Until such time as other private or governmental agencies develop and operate community facilities and programs sufficient to meet the needs of the class, the State will accept direct responsibility for the funding and assurance of the development of these services as necessary. f) No class member shall be discharged from WSTS merely to meet a placement timetable. g) In establishing a schedule for transitioning class members into community-based placements, individuals who meet the following description shall be given priority:
1) those who request or whose parents (of minor children) or legal guardian request community placement; 2) children aged 21 or younger; and 3) during each year of the four-year plan, class members with varying degrees of disabilities shall be moved into community placements in order to insure the comprehensive development of community services.
46

6.02

Area Resource Specialist

a) The State shall create four geographic service areas for

delivery of individualized supports and services as required

for class members. The combined service areas shall cover the

entire state. The State shall, by October 31, 1991, employ

an Area Resource Specialist for each of the four service

areas. The Area Resource Specialists shall oversee and insure

the development of additional community service services

across the area as necessary to meet the terms of class

member's IPP's. The Area Resource Specialists shall insure

an ongoing area wide public education and information program

regarding the positive contributions of persons with mental

retardation.

b) The Area Resource Specialist shall be responsible for

identifying or developing the means to deliver appropriate

individualized services as provided in the IPP. Such

specialists shall be familiar with and actively pursue the

development of state-of-the-art strategies for integrating

class members into the communities, the provision of home

living, work and education. Such specialists shall be

familiar with existing services within the area. Such

specialists shall first attempt to contract with existing

agencies to provide services as required by IPP' s. Where such

services do not exist, the specialists shall encourage area

47

providers to develop such services. Generic services,

available to other citizens in the community, shall be used

to provide supports needed to the extent they are available.

Where such services are not available and cannot be reasonably

developed, the service shall be obtained from providers of

developmental disabilities.

6.03

Technical Assistance. The State shall develop and no

later than ninety (90) days after the date of this Agreement,

present pursuant to the review process, a plan which will insure

the provision, by no later than December 1, 1991, of expert

technical assistance as necessary and requested for all components

of the Wyoming service delivery system, both public and private.

Such plan shall also specify the manner in which the State shall

provide emergency assistance to class members when, for any reason,

they require it.

6.04

Rate Setting Methodology

a) The State shall provide funding at rates which reflect the

actual cost of services and any regional variation in costs.

b) This Agreement does not require the expenditure of funds

for supports and services for class members in a community

setting which would exceed the average cost for class members ta

WSTS exclusive of community start-up and capital costs.

6.05

Rules and Regulations. The State shall by December 31,

1991, draft and present rules and regulations subject to the review

48

process to insure the quality of supports and services provided for

in this Agreement. Such regulations shall be consistent with

enhancing participation in the community and decreasing dependence

on state services. All regulations shall be consistent with

provisions of this Agreement.

6.06

Monitoring

a) The State shall annually monitor compliance of service

providers with state regulation and the delivery of

individualized services as required by the IFF.

b) Such monitoring shall provide a follow-up mechanism to

rapidly achieve compliance where a program is found out of

compliance.

c) Monitoring activities shall include a written report.

6.07

Management

a) Section 5.05 of this Agreement shall apply where

applicable.

b) Public Education. By June 30, 1991, the State shall

develop and implement a systematic public education plan

which will encourage understanding and involvement of

communities and neighborhoods with persons with mental

retardation. Such plan shall be reviewed by P&A pursuant

to the review process.

c) Legal and Civil Rights. The State shall, by June

20, 1991, prepare a document listing the legal and civil

49

rights of the class members. Such document shall be provided to all class members. Training shall be provided regularly to class members on their legal and civil rights and responsibilities. Such document shall be submitted to P&A pursuant to the review process. d) Ombudsperson.
i) By no later than December 31, 1990, a State ombudsperson shall be available who will focus solely on individual rights and services in the community and who will be freely available to anyone who wishes to report abuse, neglect, or other community service issues. Such an ombudsperson shall be retained by the State in the independent quality assurance entity. This ombudsperson shall serve only those persons requiring community services and thus, is separate from the ombudsperson serving at WSTS. The ombudsperson shall make at least quarterly reports to the State, the CAB and P&A. ii) The ombudsperson shall have independent authority to make any appropriate investigation in order to ascertain the true facts concerning the alleged wrongful practice or violation of
50

individual or civil rights. All reports made by the ombudsperson shall be confidential, unless waived by the individual reporting an allegation. Any individual reporting shall not be discharged or otherwise discriminated against for making any report of alleged abuse, neglect or violation of individual or civil rights.
51

ARTICLE VII

EDUCATION

7.01

Purpose. School age students who are class members at

the WSTS are the responsibility of the State through the LEA/lEU.

The SDE assures, through monitoring and funding, free and

appropriate public education for each student at WSTS.

7.02

Emerson School. Emerson School will be closed by

September 1, 1992.

7.03

IEP Review Dates. LEAs/IEUs will convene IEP/CSC

meetings to conduct reviews of rEPs and related services by October

1, 1991 for WSTS class members. The rEPs of all other class

members living in state facilities will be reviewed by December 31,

1991.

7.04

Educational Needs Assessment Team. An ENAT will be

established by SDE subject to approval of the CAB to review the

current rEPs of school-age class members at WSTS and other state

facilities. The team will consist of at least three members who

are knowledgeable and experienced in one of the following areas

including, but not limited to:

a) early childhood education (3-5 yr. old);

b) transitional education (16-21 yr. old);

c) general education of persons with disabilities;

d) medical matters and/or behavior disorders.

The ENAT will make recommendations and shall be a resource for

52

the lEP/CSC and lDT in transitioning those school-age students who

are class members to the appropriate and least restrictive

educational environment. ENAT's expenses will be paid by the State

out of non-Foundations funds upon completion in writing of their

recommendations to the parties and CAB. ENAT's initial written

reports will be compl~ted July 1, 1991, and sent to the IEP/CSC and

IDT.

7.05

Parent Involvement. All parents of school-age members

will be notified about the IEP review process by the State and will

be encouraged to be actively involved. In cases where the child

is a ward of the State or the parents cannot be located or choose

not to be involved with their child's education, that school-age

class members will be assigned a surrogate parent to act on behalf

of that child.

7.06

Surrogate Parent. The surrogate parent (s) shall be

assigned by SDE and thereafter the student's LEA/lEU shall be that

of the surrogate parent. The expenses of the surrogate parent

shall be paid by the State out of Foundation funds.

7.07

The Individual Education Plan. Each written lEP prepared

for a school-age class member residing in a state facility shall

include:

a) the date of the initial placement at the facility;

b) the reason for the placement at the facility;

c) a summary of the current services provided to, or

53

needed by the student; and

d) a projected date for transitioning to a LEA/IEU.

7.08

Transition. Prior to a student's transition, the

LEA/IEU, state facility and SDE will work closely in the

transi tioning process. The state facility will provide the LEA/IEU

with the school-age class member's IPP, educational evaluations,

and other relevant records to assist in the transition.

No school-age class member shall be transitioned without

a current IEP/IPP.

7.09

Funding. For the first twelve (12) months that an LEA

is financially obligated to provide educational services, the LEA

shall receive one-hundred percent (100%) of the costs allowable

under W.S. 21-3-309(e) payable in twelve (12) monthly Foundation

Program payments from the time the obligation commences. The

payment shall be predicated on cost estimates agreed to between the

LEA and SDE. Thereafter, W.S. 21-13-309(e) shall be used to

compute the Foundation Program costs in the usual fashion for such

LEAs. LEAs/IEUs may contract for educational and related services

for all school-age class members.

7.10

Other Resources. In order to assure free and appropriate

education and related services, SDE may accredit or certify

educational programs and related educational support service

providers.

7.11

Personnel. SDE shall be provided four (4), full time

54

staff positions to comply with the terms and conditions of this Agreement.
55

ARTICLE VIII

IMPLEMENTATION. MONITORING AND DISPUTE RESOLUTION

8.01

Compliance Advisory Board

a) There shall be established a Compliance Advisory

Board (hereinafter CAB) of two persons, who will have

primary responsibility for assisting the Court and the

parties in carrying out the implementation of this

Consent Decree/Settlement Agreement. The CAB and its

staff shall utilize a dispute resolution pOlicy in order

to minimize litigation, argument, and fault-finding and

to ensure that the energies and resources of the

interested persons remain focused on forwarding the best

interests of the class members.

b) The parties shall use their best efforts to first

resolve any differences on an informal basis, with the

assistance of CAB or CAB staff as necessary. If, after

reasonable attempts have been made, the parties have not

resolved a dispute, such disagreement shall be decided

formally by the following entities in the following

order: 1) CAB; 2) the Hearing Officer (see Section

8.05); and 3) the Court.

8.02

Members. One person shall be selected by the Plaintiffs,

subject to approval of the Defendants. One person shall be

selected by the Defendants, subject to approval of the Plaintiffs.

56

Upon the inability of either of the CAB members to continue to

serve, his or her replacement shall be selected in the same manner

as the person to be replaced.

8.03

CAB Functions and Duties. The CAB will function as

follows:

a) The CAB shall operate informally and meet whenever

it deems appropriate.

b) The CAB is authorized to hire staff members as

necessary.

c) The function of the CAB is to oversee and facilitate

the Defendants' compliance with this Agreement. The CAB

shall be informed fully of the provisions of this

Agreement and of the Defendants' implementation and the

results thereof in order to provide meaningful assistance

and resolve any issues of compliance that may arise. To

that end, the CAB .is authorized to hire persons with

expertise in the various areas of mental retardation

and/or community integration who can provide the

technical assistance necessary for the successful

implementation of this Agreement.

d) Within forty-five (45) days of the effective date

of this Agreement, the parties shall jointly develop and

submit to CAB a recommended plan for CAB oversight which

includes client services at WSTS, review of community

57

placements, and implementation of this Agreement. The

CAB may invite other interested parties to submit

recommendations on how CAB should carry out its oversight

function.

The parties recommended plan shall be

submitted to CAB for CAB's review, modification, and

ultimate adoption as the oversight plan. The CAB may

modify the oversight plan and its methods of oversight

as necessary to carry out the successful and meaningful

implementation of this Agreement. Either party may at

any time recommend such modifications to the CAB.

e) The parties shall jointly compile semi-annual

written reports outlining the degree of progress with

respect to the CAB oversight plan and the implementation

of this Agreement. Such reports shall also include

recommendations concerning the steps necessary to

maintain compliance with the terms of this Agreement.

All such reports shall be submitted to the CAB. The

first semi-annual report shall be due six (6) months from

the effective date of this Agreement.

f) The CAB, its staff, and experts hired by the CAB

shall have prompt access to all information, records,

buildings and areas, including those of community

providers, and shall be permitted to interview any member

of the class, employee of the State or employee of a

58

provider, at reasonable times and places, to the extent necessary to discharge their duties under this Agreement. The CAB, staff, and experts shall maintain confidentiality of the class members, any persons residing in community facilities and of staff or employees or providers who are interviewed. g) The CAB and its staff may conduct any additional and reasonable inquiries deemed necessary to address the issues to be covered by the semiannual reports, and where appropriate, may draw upon and employ the experience of recognized experts (as outlined in Subsection (c) of this Section), within the limits of the CAB budget. The parties shall be advised in advance of any such employment, and shall be permitted to attend any exit conferences and receive copies of any written reports. h) The parties strongly encourage the CAB members and staff to make informal suggestions to the State, in whatever form they deem appropriate, which in their opinion will facilitate compliance with this Agreement. i) Any class member or his/her representative, parent, surrogate parent, guardian, or employee may bring a situation or disagreement related to the provisions of this Agreement or of his/her individual program to the staff of the CAB for guidance,
59

interpretation, or resolution by the staff or by the CAB. Efforts shall be made to resolve any such matter informally, including first resort to available administrative processes. j) The CAB shall provide to the parties all information submitted to the Court by the CAB or its staff, in any form. k) Any report or investigation received by any party regarding this Agreement shall be promptly provided to CAB, the State and P&A. 1) CAB members and CAB staff shall receive compensation from the State, on a monthly basis, and shall be promptly reimbursed by the State for reasonable out-of-pocket expenses incurred in performing their duties. The State shall provide office space in a mutually agreeable location, telephone service, postage, clerical staff and support eqUipment to enable the CAB to carry out its duties.
i) Within ninety (90) days of the appointment of the CAB, the CAB shall prepare and submit to the parties and the Court a two-year budget which describes in sufficient detail the proposed expenses for the operations of the CAB. The budget for the CAB shall be approved
60

by the Court. After the first year of

implementation of the Agreement, CAB shall

review the projected budget for the second year

and may recommend modifications as necessary

and subject to court approval.

8.04

Liaison Personnel. WSTS and the Division of Community

Programs of the State's Department of Health shall each have a

full-time liaison position and SDE shall have a part-time position

to insure compliance with this Agreement.

These liaison persons will coordinate their efforts and

responsibilities with an individual from the Governor's Office to

synchronize the State's compliance with this Agreement and

communications with the CAB.

8.05

Meetings. The CAB and the parties shall hold an initial

meeting with the Court to discuss and seek authorization of the

oversight plan and the compliance monitoring process. Additional

meetings shall be convened by CAB as necessary to facilitate the

effective implementation of the Agreement. The CAB or parties may

request a meeting at any time, and may request discussion on any

issue by providing a written request at least ten (10) days prior

to such conference. The purpose of these conferences will be to

facilitate communication and problem-solving. Emergencies or life-

threatening situations shall be resolved as expeditiously as

possible, with the requirement for the ten-day notice waived.

61

8.06

Dispute Resolution Process.

The parties to this

agreement believe that citizens with mental retardation in the

State are best served by the cooperative efforts of the parties

with a focus on problem solving as opposed to the adversarial

nature of litigation. To this end, the parties agree to make their

best efforts to resolve all disputes arising from this Agreement

on an informal basis. However, in the event that the parties

believe that the terms of the Agreement are being violated or that

an lOT decision regarding placements or services is inappropriate,

the following procedures shall be utilized.

8.07

Non-Compliance With Agreement.

a) Written notice of alleged non-compliance must be

submitted to the opposing party (respondent) and the CAB.

The notice must recite the specific facts, the grounds

relied upon to demonstrate non-compliance, and the relief

being sought. In addition, the notice shall contain a

description of efforts made to informally resolve the

issue prior to the filing of the notice.

b) Within seven (7) working days from receipt of the

written notice of alleged non-compliance, the respondent

shall serve a written response on the complaining party

and the CAB setting forth with particularity either a

plan of abatement consistent with the terms of this

Agreement or, if the respondent disagrees that the facts

62

or grounds cited in the notice constitute non-compliance, serve a denial containing an explanation of the facts and grounds which support such position. c) If the complaining party is not satisfied with the response, it may within seven (7) working days of receipt request a review by the CAB by serving a notice to the CAB and the opposing party. d) The CAB may request such additional information from the parties as it deems necessary and shall set the matter for a settlement conference with the parties within ten (10) days of its receipt of notice. Such conference may be in person or via telephone, as the CAB deems appropriate. In the event the dispute cannot be settled, the CAB shall refer it to the Hearing Officer for the purpose of taking additional evidence and making findings and recommendations to the CAB. e) Except where good cause is demonstrated, a matter shall be heard within ten (10) days from the date a hearing is requested. The Hearing Officer shall make his/her findings and recommendations within ten (10) days from the date of the hearing. f) The CAB shall issue a final written decision setting the facts upon which they rely within ten (10) days of receipt of the Hearing Officer's findings. If the
63

members of the CAB cannot reach an agreement, they may

refer the matter to a person who is mutually agreed upon

by the CAB whose opinion shall be final; or, the CAB may

issue separate opinions.

g) Any party not satisfied with the final decision may

appeal that decision to the Court within ten (10) days

of their receipt of a final decision.

h) During all phases of this process, the parties are

free to submit documentary evidence, affidavits, and

briefs which support their positions.

8.08

Appeals of lDT and IEP Decisions. The process of

resolving disputes surrounding IDT and IEP decisions on placements

or services shall be the same as that set forth in Section 8.07 of

this Agreement with the following exceptions:

a) Parents of adults who are not guardians shall not

have the right to appeal the CAB's decision to the Court.

b) Disputes regarding IEP decisions shall not be

appealable to the District Court. The dispute resolution

process set forth in this Agreement shall be neither

exclusive nor binding and all such issues shall be

subject to the review mechanisms set forth in the

Individual with Disabilities Education Act, 20 U.S.C.

Section 1415.

64

8.09

Emergencies.

a) Notwithstanding the provisions in Section 8.06,

where a party believes an issue involves an immediate

threat of harm to a class member, all parties and the CAB

shall be immediately notified and take such actions

necessary to protect. the safety of the class member

pending the resolution of the issue.

b) In such emergency situations, the CAB may modify the

review process in any manner it deems necessary to

protect the safety of the client, including but not

limited to, immediate contacts and requests for relief

from the Court.

8.10

Hearing Officer.

a) The Hearing Officer shall be selected by the CAB

from the recommendations of the parties and shall be an

attorney familiar with the rights of individuals with

mental retardation and with the terms of this Agreement.

b) The Hearing Officer shall preside over all hearings

consistent with the provisions of this Agreement, take

and rule upon evidence and report his/her findings and

conclusions in writings to the CAB.

C) Hearings conducted by the Hearing Officer shall be

recorded by a certified court reporter. Parties may call

and cross-examine witnesses, and submit evidence in

65

accordance with the Federal Rules of Evidence.

d) The Hearing Officer shall receive appropriate

compensation from the State for such time as helshe

devotes to matters under this Agreemerit·~ on a monthly

basis. The Hearing Officer shall be reimbursed by the

State for reasonable out-of-pocket expenses incurred in

the performance of hislher duti~~.
DATED THIS J31 day of March, 1991.

DEFENDANTS

PLAINTIFFS

By:~-<CS2e",.~ 4'!lkeSUliivan Governor of Wyoming State Capitol Bldg. Cheyenne, WY 82002
sep B. Meyer yoming State Attorney General State Capitol Bldg. Cheyenne, WY 82002
By: Q~h/; d! &tt. Dennis CoIl" Senior Assistant Attorney General State Capitol Bldg. Cheyenne, WY 82002

Danny S. Wi de General Co nsel Protection & Advocacy System, Inc. 2424 Pioneer Avenue, #101 Cheyenne, w~ 82001
A;{e~ By: MiChaeo Reese
Attorney at Law Wiedersphan, Lumrnis, & Liepas PC 2020 Carey Avenue, #704 Cheyenne, WY 82002

66

 Danny S. Wilde
Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc.
2424 Pioneer Avenue, Suite 101
Cheyenne, Wyoming 82001

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston

)

)

DEBRA MALMBORG, by her

)

next friend Kari Ellerbeck

)

)

EARL LADEBURG, by his

)

next friend Doris Lowe

)

)

STEVEN ROMANJENKO, by his

)

next friend Mike Romanjenko

)

)

JORDAN BRIAN HALL, by his

)

next friends Brian Hall-and

)

Kaloni Hall

)

)

STEPHEN WAYNE HENDERSON, by his )

next friend Shirley Henderson

)

)

TIMOTHY DUANE KEOWN, by his

)

guardians Duane Keown and

)

Betty Pearson

)

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL,

)

CIVIL ACTION NO. 90-
11j C 9 0 - 0 0 0 4
CLASS ACTION COMPLAINT

/

ROBERT CLABBY II in his off~cial )

capacity as Superintendent of the )

Wyoming State Training School,

)

)

WYOMING BOARD OF CHARITIES AND

)

REFORM,

)

)

MIKE SULLIVAN, KATHY KARPAN,

)

JACK SIDI, STAN SMITH, and LYNN )

SIMONS, in their official

)

capacities as members of the

)

Wyoming Board of Charities and

)

Reform,

)

)

K. GARY SHERMAN, in his official )

capacity as Executive Secretary )

of the Wyoming Board of Charities )

and Reform,

)

)

SHERRI LOVERCHECK, in her official )

capacity as Human Services

)

Administrator of the Wyoming Board )

of Charities and Reform,

)

)

WYOMING DEPARTMENT OF HEALTH AND )

SOCIAL SERVICES,

)

)

KENNETH B. HEINLEIN, in his

)

official capacity

)

as Interim Director of the

)

Wyoming Department of Health and )

Social Services,

)

)

STEVEN E. ZIMMERMAN, in his

)

official capacity as Administrator )

of the DiviSion of Community

)

Programs of the Wyoming

)

Department of Health and Social )

Services,

)

)

LYNN SIMONS, in her official

)

capacities as Superintendent of )

Public Instruction and as

)

Administrative Head and Chief

)

Executive Officer of the

)

Wyoming Department of Education, )

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WYOMING STATE BOARD OF EDUCATION, )

)

Defendants.

)

nABS ACTION COMPLAINT I • INTRODUCTION

1. Plaintiffs brings this federal civil rights class action on behalf of the approximately three hundred ninety-five (395) people registered on the rolls at the State Training School, Lander, Wyoming, a public residential facility for persons with retardation, the currently indeterminate number of people with retardation now at risk of being placed at the State Training School in the future, and the currently indeterminate number of people with retardation who are being denied services in the State of Wyoming.
2. This action, brought pursuant to 42 U.S.C. Sec. 1983 and additional federal laws, is to redress the unconstitutional and illegal conditions imposed under color of state law on three hundred ninety-five (395) individuals with retardation on the rolls of the State Training School.
3. Plaintiffs seek to enjoin defendants from continuing to confine persons at the State Training School under inhumane conditions that violate their rights to adequate food, shelter, clothing, medical care, safe conditions, freedom from undue

-3-

restraint, training or habilitation, proper care, treatment, education, right to privacy, and protection from harm. Plaintiffs also seek an injunction requiring defendants to provide adequate and appropriate community services. These rights are guaranteed to the class members by Title XIX of the Social Security Act, the Education of the Handicapped Act, the Rehabilitation Act, the Developmental Disabilities Act and the United States Constitution
I
and Federal Statutes. 4. Conditions at the State Training School including, but not
limited to, understaffing, overcrowding, a deteriorating physical plant, and a pattern of physical, verbal, and psychological abuse, present a serious and continuing danger to the health, safety, and well-being of Training School residents as well as cause them significant physical and emotional injuries. Additionally, the residents are fully capable of living in the community with appropriate support services but remain confined at the State Training School unnecessarily and against professional opinion.
5. Plaintiffs' allegations are based on government reports, personal knowledge, and the results of investigations made by staff, volunteers, and professionals for Wyoming Protection & Advocacy System, Inc. The investigations required numerous visits to the State Training School, interviews with its officials, staff, and residents, and review of documents such as resident records, incident reports, inspection surveys, and outside evaluations.
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,

. !

)

,.,/

II. JURISDICTION AND VENUE 6. This action is brought to remedy violations of the Constitution and laws of the United States. 7. This Court has subject matter jurisdiction over this action brought under 42 U.S.C. Sec ..1983, 42 U.S.C. Secs. 1396, 1396a, 1396d, 20 U.S.C. Secs. 1400 through 1485 and 29 U.S.C. Sec. 794, pursuant to 28 U.S.C. Secs. 1331 and 1343 and all regulations promulgated thereunder. Declaratory relief is sought under 28 U.S.C. Secs. 2201 and 2202 and all regulations promulgated thereunder. 8. Venue is proper in this district pursuant to 28 U.S.C. Sec. 1391 (b).
III. PARTIES 9. Plaintiff Anna Maria Weston is a resident of the State Training School, where she has lived for approximately three (3) years. Through her guardian, Barbra Weston, her mother, she brings this action on her own behalf and on behalf of other persons similarly situated. 10. . Plaintiff Debra Malmborg is a resident of the State Training School, where she has lived for approximately thirty-three (33) years. Through her next friend, Kari Ellerbeck, her sister, she brings this action on her own behalf and on behalf of other persons Similarly situated.
-5-

11. Plaintiff Earl Ladeburg is a resident of the State Training School, where he has lived for more than twenty-seven (27) years. Through his next friend, Doris Lowe, his sister, he brings this action on his own behalf and on behalf of other persons similarly situated.
12. Plaintiff Steven Romanjenko is a resident of the State Training School~ where he has lived for approximately twenty-three (23) years. Through his next friend, Mike Romanjenko, his brother, he brings this action on his own behalf and on behalf of other persons similarly situated.
13. Plaintiff Jordan Bryan Hall is a resident of the State Training School, where he has lived for approximately one (1) year. Through his next friends, Bryan and Kaloni Hall, his parents, he brings this action on his own behalf and on behalf of other persons similarly situated.
14. Plaintiff Stephen wayne Henderson was a resident of the State Training School, first admitted on June 9, 1969 when he was eleven (11) years old, and later discharged from the State Training School on March 2, 1981. Through his next friend, Shirley Henderson, his mother, he brings this action on his own behalf and on behalf of other persons similarly situated. Plaintiff Stephen Henderson is a citizen of the State of Wyoming denied the opportunity for habilitation at either the Training School or
-6-

community programs in the State. 15. Plaintiff Timothy Duane Keown is a resident of the State
Training School, where he has lived for approximately three (3) years. Timothy is nineteen (19) years of age and is consequently of school. age. Through his guardians, Duane Keown and Betty Pearson, his guardians, he brings this action on his own behalf and on behalf of other persons similarly situated.
16. Defendant State Training School is a state-owned and operated institution in which approximately three hundred ninetyfive (395) individuals with retardation are enrolled in an institutional setting.
17. Defendant Robert Clabby II is Superintendent of the Wyoming State Training School and is directly responsible for the operation of the Wyoming State Training School and for the protection, care and treatment of its residents.
lS.Defendant Board of Charities and Reform (BCR) is charged with the general supervision, control and custody of all State of Wyoming charitable, reformatory and penal institutions, including the Wyoming State Training School, and the Board is also charged with directing the general management of all state institutions.
19. Defendants Mike Sullivan, Kathy Karpan, Stan Smith, Jack Sidi, and Lynn Simons, by virtue of their offices as Governor, Secretary of State, State Treasurer, State Auditor and State
-7-

Superintendent of Public Instruction, respectively, constitute the Board of Charities and Reform and therefore are responsible for general supervision of the Wyoming State Training School.
20. Defendant K. Gary Sherman, Executive Secretary of the Board of Charities and Reform, is responsible for the general management of all state institutions, including the Wyoming State Training School.
21. Defendant Sherri Lovercheck, Human Services Administrator of the Board of Charities and Reform, is responsible for coordinating and directing the administration of the Wyoming State Training School.
22. Defendant Department of Health and Social Services is charged with executing the functions of the State of Wyoming pertaining to community programs to provide prevention of, and treatment for individuals affected by developmental disabilities.
23. Defendant Kenneth B. Heinlein, the interim Director of the Department of Health and Social Services is responsible for the general management and supervision of the Department.
24. Defendant Steven E. Zimmerman, the administrator of the Division of Community Programs within the Department of Health and Social Services is responsible for administering, providing or establishing standards and community programs for persons afflicted with mental illness or developmental disabilities.
-8-

25. Lynn Simons is Superintendent of Public Instruction and, as such, is responsible for supervision of the State Department of Education and is responsible for implementing Federal and State programs for handicapped children.
26. The Wyoming State Board.of Education is responsible for establishing policies and standards for the education of handicapped children.
IV. CLASS ACTION ALLEGATIONS
27. Plaintiffs bring this action pursuant to Federal Rule of Civil Procedure 23(b)(2) on behalf of a class ("the class members") consisting of all persons with retardation who reside at the State Training School as of the date of the filing of this Complaint, those individuals who are at risk of being admitted to the State Training School in the future and those being denied services in Wyoming.
28. The class members have been denied federally protected rights as a result of the actions, policies, and practices of defendants. Named individual plaintiffs seek for themselves, and for all the class members, declaratory and injunctive relief to terminate defendants' illegal actions, policies, and practices.
29. This matter is properly maintainable as a class action pursuant to Federal Rule of Civil Procedure 23(b)(2) in that:
a. The class members are so numerous as to make joinder
-9-

of all of them impracticable. As of December 8, 1989, there were approximately three hundred ninety-five (395) persons registered on the rolls of the State Training School, an indeterminate number of class members at risk of being admitted there in the future, and an indeterminate number of class members being denied services in Wyoming.
b. The claims of plaintiffs are typical of those of the class members.
c. Plaintiffs will fairly and adequately protect the interests of the class members. They are represented by counsel competent and experienced in class, constitutional and disabilities litigation.
30. There are substantial questions of law and fact common to the class members, and those questions predominate over questions affecting individual class members. Among these are defendants' violation of the class members' constitutional and statutory rights to appropriate care, treatment, education, right to privacy, safe conditions, protection from harm, community services, and freedom from discrimination on the basis of handicap.
31. Defendants have acted on grounds generally applicable to the class, thereby making appropriate final injunctive and declaratory relief with respect to the class as a whole.
32. The prosecution of separate actions by individual class
-10-

members would create a risk of varying adjudications that would
. establish incompatible standards of conduct for the defendants in
this action, would create a risk that adjudications with respect to individual class members would not be dispositive of the interest of other class members who were not parties, and/or would substantially impede their ability to protect their interests.
V. FACTUAL BACKGROUND
33. The State Training School, located in Lander, Fremont County, Wyoming, is a public institution operated by BCR for persons with retardation. The State Training School has approximately three hundred ninety-five (395) residents on its rolls. In addition to retardation, many of the residents also have physical handicaps including, among others, seizure disorders, and visual and mobility impairments.
34. The State Training School was established by an Act of the Wyoming Legislature in 1907, with numerous statutory revisions and name changes subsequent to 1907.
35. The State Training School's major purpose has evolved from that enunciated in the creation of the Training School in 1907: "an institution" is created "for the custody, care, education, proper treatment, and discipline of feeble-minded and epileptic persons, under the name and style of the 'Wyoming Home of the Feeble-Minded and Epileptic'''. 1907 Wyo. Session Laws 188-89, Ch. 104 Sec. 1.
-11-

The institution was.created for "all feeble-minded and epileptic persons over the age of six years, who are legal residents of the State of Wyoming." Id, at 190, Section 9. The Training School Act of 1981 established a new purpose which was to provide for the diagnosis, evaluation, train~ng, custody and care of individuals with retardation.
36. Although the statutory purpose of the State Training School has .evolved, the Training School remains an institution in which the residents are denied habilitative services.
37. Persons with retardation do not learn as rapidly as do others and often require special education and training to acquire skills for full participfltion in community activities. The functions affected by retardation may include decision-making, self-care, language development, and communication.
38. Persons generally are placed at the State Training School through court commitments, most often because their families are unable to care for them in their natural homes, and no community alternatives are available. Persons are generally placed at the State Training School because they require training and not because they present a danger to others.
39. The State Training School Act of 1981 specifies that a person with retardation is not to be admitted to the Training School if services are available in the community.
-12-

40. Members of the class have been and are being denied their right to habilitation at the State Training School or placement in a community setting.
41. Persons with retardation learn through habilitation, a process of education and·training through which individuals improve thei.r abilities to function in society. Habilitation is the professionally accepted treatment for retardation. Every person with retardation is capable of learning new skills given proper individualized habilitation.
42. Because habilitation is preparation for community living, it is ordinarily provided in settings and under conditions that reflect life in the community.
43. Habilitation is provided to persons with retardation by individual teaching pursuant to an individualized habilitation plan, which is designed to improve the person's abilities in specified areas using specified techniques. Individualization of the habilitation process is necessary because each person acquires skills in his or her own way at his or her own pace.
44. Defendants have applied for a portion of the State Training School to be certified in order to receive federal funds for the operation of part of the institution as an intermediate care facility for the mentally retarded ("ICF/MR") under Title XIX of the Social Security Act, 42 U.S.C. Sec. 1396 et seg. and the rules
-13-

\

. "

promulgated tnereunder, including 42 CFR Parts 442 and 483. 45. As an ICF/MR, the State Training School must comply with
federal regulations that require it to ensure the health, safety, and well-being of its residents. An ICF/MR also is required to provide continuous active treatment and habilitation to its residents.
46. ICF/MR's are facilities which are supported, in part, by federal funds appropriated under Title XIX of the Social Security Act, 42 U.S.C. Sec. 1396(a) et seq. These funds are provided to facilities or those portions of facilities which meet specified minimum professional standards. Even if the State Training School receives certification or partial certification as an ICF/MR, it does not meet minimally acceptable constitutional and professional standards for its operation or the care and treatment of its residents.
47. Because defendants have failed to take action sufficient to restore protection, care and habilitation, the State Training School has failed in its primary mission--the habilitation of its residents--as well as in its duty to protect its residents. The State Training School cannot succeed without the intervention of this Court.
VI. HARMFUL CONDITIONS 48. The physical setting at the State Train"ing School does not
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permit privacy, individuality or freedom of association to

plaintiffs. Residents in several living units live in barracks-

style dormitory living which affords little privacy. Bedroom square

footages are inadequate; common areas serve mUlti-purpose functions

(living room, activity rooms, dining rooms) and are almost always

adjacent to bathrooms, raising serious sanitation issues. Many

units are in poor physical condition and safety hazards are

apparent.

49. Toilet facilities are inadequate. Bathrooms frequently

lack walls, partitions or curtains between toilets or doors on

stalls. Toilet paper and toilet seats are missing in many cases.

50. These conditions deprive plaintiffs of their dignity, an

identity and also fail to help them develop the self-respect,

consideration for others, and understanding of proper relationships

necessary to functioning in the community.

51.

Individuals with retardation continue to be

institutionalized at the State Training School because defendants

have failed to provide alternative services for them in their

communities. When a crisis occurs in the family of an individual

with retardation, inadequate services are available to support the

family or to assist in care and treatment.

52. Although the living conditions are unconstitutionally

deficient and dangerous at the State Training School, individuals

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with retardation and their families are forced to rely upon the

institution, with all of its strictures, as the only setting

available to them.

53. The State Training School is unable to protect its

residents from harm.

Residents experience unusually and

unacceptably high rates of injuries. Not only does neglect by

staff result in a high rate of unnecessary accidents., but often

injuries are inflicted as a result of abuse by other residents,

staff members, or self-abuse. At any time, many of the residents

are observed to have visible abrasions, cuts, bruises, or other

injuries.

54. On November 6, 7 and 8, 1989, P&A staff and consultants

visited the State Training School. On each unit they observed

residents engaged in self-abusive behavior without staff

intervention. On one unit, no staff were present in the day room

where residents were located.

55. The treatment of Plaintiff Earl Ladeburg provides an

example of the problems that plague the State Training School.

Earl Ladeburg is now thirty-eight (38) years old and was admitted

to the State Training School in 1962 at age eleven (11).

56. Since his admission to the State Training School, Earl

Ladeburg has been permitted to engage in self-injurious behavior

-16-

· .

while under the purported supervision of the State Training School

staff.

a) Earl Ladeburg is a resident of 100 Meadowview,

commonly known as Rothwell Cottage. This unit is basically.a behavior unit for residents who display behavio~ problems.

b) Rothwell Cottage has stark living and sleeping areas,

with only functional furniture to add color to an otherwise drab

environment. The sleeping room is a large tiled room that has

half-walls to divide sleeping units into a series of cubicles.

C) The population of this unit exceed the maximum

population defined safe for the unit.

d) Among several needs identified in the 1989 evaluation

reports include the need for Earl Ladeburg to be placed in a more

home-like environment.

e) Earl Ladeburg is a head-banger and an appropriate

behavior modification program is totally abse·nt.

f) He has suffered numerous bites, scratches, bruises

and other injuries while living there.

g) He is forced to spend most of his time each day

sitting on the floor or in a chair, with the other residents in a

large room. He fails to receive the appropriate habilitative

services he needs, such as training in self-care skills. He is

permitted little interaction with people who are not retarded.

-17-

h)

Rothwell Cottage does not provide a normal

environment for habilitation, but an institutionalized one. The

living area bears no resemblance to a normal living room. It is

large and impersonal. It contains no comfortable furniture, but

rather a row of seats lined up like those one would find in a bus

station.

i) Rothwell Cottage provides a stark example of

understaffing with few aides to supervise, feed and provide

habilitation to the residents.

j) There is a television, but it is mounted in glass

enclosed platform, so the residents are not able to turn it on or

off when they want to or to select the program they desire or to

learn to do so.

k) The sleeping areas bears no resemblance to a normal

bedroom. It is a huge room that has been partitioned into areas

that resemble showers. The residents are provided little, if any,

privacy.

1) The food is institutional in look and taste: overly

starchy and unappetizing, with little variety.

57. The Plaintiffs and the members of the class suffer from

regression of skills previously possessed, denial of critically

needed food, shelter, medical care and safe conditions, denial of

minimally adequate training and habilitation, denial of the right

-18-

\
to a free and appropriate education as guaranteed under Federal and State Law, and loss of life, liberty and property without due process of law.
58. The cumulative results of the conditions occurring at the State Training School are many and harmful. The most common injury to residents at the State Training School is described as regression. Residents of the State Training School have regressed in their basic life skills such as the ability to feed, bathe, dress or toilet oneself, or to walk and talk.
59. The physical setting at the State Training School has fostered behavioral problems. Some residents live with the threat of physical assault by other residents. Many residents engage in various forms of self-abuse. Head-banging, rocking and other selfabusive behaviors are common at the State Training School. Inadequate staffing and nonexistent programming make it impossible to prevent such behaviors or to even protect residents from one another.
60. Training is virtually nonexistent. Plaintiffs are not provided with necessary habilitative services, stimulation, and attention necessary to prevent deterioration of and injury to their physical condition, psychological well-being and personal development. Staff-to-resident ratios and the gross scale of institutional living operate to discourage personal, intimate,
-19-

primary relationships like those enjoyed in normal living situations.
61. Many residents are receiving inadequate or no speech, physicaJ. or occupational therapy. For younger residents the inadequacy of therapy causes more disturbing problems in that therapeutic interventions at young ages can prevent more disabling conditions later in life.
62. Many residents are receiving little planned eating assistance. Appropriate eating assistance that is designed for the particular individual so as to provide appropriate foods, in the appropriate amounts and in a manner which the individual can safely digest is required. Due to understaffing, staff providing eating assistance would naturally look for ways to reduce the time involved in providing eating assistance, thus providing an immediate health danger to the residents of the State Training "School.
63. Individual Program Plans ("IPP's") are required by the provisions of the Training School Act, but most plans are outdated and many are nonexistent. If plans exist, they exist chiefly on paper only. "Even where plans exist, active treatment is absent. In most units, there are simply too few staff to interact on a oneto-one level with residents. Custodial care appears to be the prevailing staff activity which is more reflective of inadequate
-20-

staffing, not the quality of the staff at the State Training

School. 64. In those units in which persons with more severe and

profound retardation live, staffing is even more inadequate. These

people, whose handicaps prevent them from exercising the most basic

self-care skills, need more attention from staff than the more

mildly handicapped residents do; in fact, they receive less.

65.

The Individual Program Plans that are developed for

residents do not provide adequate, appropriate, active programming.

Programs listed in resident's individual plans are not actually

delivered or implemented, but exist on paper only. IPP's are

poorly integrated, and many residents do not have IPP's at all.

66.

Programs to deal with resident's behavioral problems are

absent. Staff are not trained to understand the causes of

residents' aggressive or self-abusive behavior nor to intervene

and modify it.

67. Those members of the class who are of school age have been

excluded from the opportunity to attend public school with children

who are not handicapped. They're provided a separate but unequal

educational opportunity within the confines of the Training School.

The education at the institution does not provide appropriate

levels of related services such as physical therapy, speech

therapy, occupational therapy or psychological services.

-21-

)
68. Insofar as programs and services exist at the Training School, they're directed primarily to mildly and moderately handicapped residents, and not to residents with severe and profound retardation and multiple handicaps. Programs, therapies and services ~or the more severely retarded residents of the· Training School are almost nonexistent.
69. The Training School is in the midst of seeking certification for a portion of the facility for what is known as Intermediate Care Facilities for the Mentally Retarded (ICF/MR). The 1988 Session of the Legislature authorized the Training School to pursue certification under ICF/MR standards for 32 beds. This has compounded the problems at the Training School since it is apparent that staff and other resources are being reallocated from dangerously understaffed units to the unit working for ICF/MR certification.
70. As a stark example of the understaffing and of the reallocation of staff occurring at the Training School, the school has only one physical therapist and three physical therapy aides. The physical therapist is required to concentrate his time on the physical therapy needs of those approximately thirty (30) residents who live in the proposed ICF/MR unit, depriving the remaining approximately three hundred forty (340) residents of sorely needed physical therapy services. The persons with the greatest physical
-22-

./
therapy needs do not reside in the proposed ICF/MR unit. This problem is reflected in the fact that many members of the class are receiving no physical therapy services at all.
71. Even if one physical therapist was spreading his time evenly across the Training School, there remains a huge deficit in physical therapy and support services.
72. The physical therapy aides have no clear guidelines or direction on their functions; even with three (3) physical therapy aides there is a significant lack of staffing.
73. The ratio of physical therapists to the .population at the Training School does not meet required standards for provision of those services.
74. The lack of physical therapy and related services mean that physical deformities will continue to develop which results in the loss of function or compromise the individuals' health.
75. For the Training School as a whole to meet rCF /MR physical plant requirements, certification would require millions of dollars in renovations. Even if all this were done and the facility became rCF/MR, the facility would still not be the least restrictive, most normalized setting for people with retardation.
76. Even if certification is obtained, certification does not guarantee that the Constitutional rights of the Plaintiffs will be protected, or that the institution will not still be deficient.
-23-

77. The adopted standards of care by the Board of Charities and Reform for the entire Training School are the ICF/MR standards, and the Training School doe~ not even meet its own standards of active treatment.
78. The behavior of individuals with retardation may differ from that of other persons, and those differences can be diminished substantially. By segregating individuals with retardation from the rest of the community and congregating them together, the Training School reifies, compounds and aggravates these deviating behaviors, which ultimately yield total devaluation of the individuals.
79. Staff at institutions such as the Training School view and relate to residents primarily in large, massed numbers; in warehouse numbers. Because of population density and because of the institutionalized appearance of residents, staff are deprived of the ability to perceive and relate to residents as human beings.
80. Individuals with retardation, like other persons, vary in their needs, wishes, and abilities, and at different points of life different activities and environments are appropriate to each person. Large institutions classify residents once, and in the gross, based on a few salient characteristics, with little opportunity for re-evaluation or challenge. The large, total institution deprives plaintiffs of their individuality, of the
-24-

/
possibility of habilitation, and of living freely. 81. The Training School, segregated and isolated from the
community of Lander and the rest of society, deprives residents of the opportunity to interact with non-handicapped people in noncustodial. relationships and in normal community settings. Plaintiffs are denied the experiences of observing how other people behave and interact and of learning to carry out age-appropriate and acceptable behavior and of experiencing the dignity and freedom of living in the community as normally as they may.
82. Persons with retardation grow and gain skills and overcome institution-imposed regression when provided with opportu~ities to learn and practice basic skills in small, wellstructured, supervised community settings.
83. Professional knowledge, research and the experience of
states across the country confirm that individuals with retardation, subject to destructive environments such as the Training School, progress and gain skills when provided community services.
84. "Normalization" is a fundamental, widely-accepted principle in the habilitation of individuals with retardation. It is based on the recognition of individuals with retardation as full human beings with rights to liberty and self-actualization and on the practical experience and observation that individuals with
-25-

.\
retardation can best achieve these goals in life patterns that are integrated with and similar to those followed by other persons. The normalization principle has been accepted as a guiding principle for programs serving individuals with retardation by retardation professionals, including the American Association on Mental Retardation, the President's Committee on Mental Retardation, and the Association for Persons with Severe Handicaps; by consumers, including the Association for Retarded Citizens of the United States; and by the defendants themselves.
85. The normalization principle requires that individuals with retardation be treated alike and permitted experiences like other persons of the same age in their own community to the greatest possible extent. Their similarity to normal persons is to be emphasized and their deviant aspects de-emphasized and diminished through appropriate habilitative programming. They are to be enabled to live in a culturally normative community setting, in typical housing, to communicate and socialize in age-and culturally-appropriate ways, and to utilize community resources as other citizens do. Normalization requires that habilitation occur in the setting in which acquired skills will be utilized and that habilitation be attained by the use of generic services in the community.
86. Plaintiffs and members of their class are human beings
-26-

· .
who have feelings, needs, and motivations like all other people. They have, to varying degrees, the potential for growth, development, and achievement of self-care and self-support. They are capable of benefiting from treatment and habilitative services to maximize their potential and to satisfy their social, emotional and economic needs.
87. Experience throughout the country demonstrates that these needs can be met and a normalized, free and equal life in the community assured to individuals with retardation. Experience shows that a normalized life in the community can be assured to individuals with retardation while satisfactorily guaranteeing to family members and guardians the continued care and securi.ty of the person, after the family member or guardian's death, after the person has reached majority, and when, before age eighteen, circumstances require that the person reside apart from the family. Experience also shows that a normalized life, outside the institution, can be assured while satisfactorily guaranteeing to present employees at the institution job security and employment in community services.
88. Services in the community to support a normalized life for individuals with retardation can be secured at a cost no greater than the current per capita annual expenditure at the Training School; it is likely that it can be provided for less.
-27-

Moreover, the cost of providing such services in the community is

enormously less than the cost of providing the services in the

institution that are necessary to actually meet the needs of

individuals with retardation.

89. Learning (and much else) by individuals with retardation

requires the example of other non-handicapped people and in real-

world environments· where what is learned is done. As for all

people, but relatively more so for individuals with retardation (it

is one of their "differences"), learning by individuals with

retardation during all of life proceeds in significant part by

imitation and example and in the concrete, rather than by

generalization from one context into another. Learning by

individuals with retardation flourishes in properly structured and

integrated environments; in isolation it is destroyed.

90. As members of the community, individuals with retardation

of all ranges of ability can and do maintain not only steady but

productive jobs.

Individuals with retardation can and do

significantly care for themselves, keep clean and even pleasing

rooms, and respect the rights of others. Individuals with

retardation do make good neighbors, to their own benefit and their

neighbors'. The abysmally ignorant stereotypes to the contrary do

not withstand the facts or a correct understanding of what

difference retardation makes. Individuals with retardation need

-28-

assistance, as do all persons, often relatively more, but that does
not mean exclusion from the community, rather participation in it.
"It must be recognized that the vast majority of developmentally disabled persons and the vast majority of persons institutionalized should not be in these institutions at all. Efforts to assure proper treatment, education, anc;i habilitation services in large institutions should not deflect attention from the fact that most of these institutions themselves are anachronisms, and that rapid steps should be taken to phase them out. Many of their size, their isolation, their impersonality, are unsuitable for treatment, education, and habilitation programs." S. Rep. No. 94-160, 94th Cong., 1st sess. 32-33 (1975).
91. As early as May, 1979, in a study of the Training School
by Developmental Disabilities Protection & Advocacy System, Inc.
pursuant to Public Law 94-103, the Developmental Disabilities
Assistance and Bill of Rights Act of 1975, it was recognized that
problems existed at the Training School. In this particular study,
prompted by eleven alleged incidents of abuse to residents of the
Training School, the Study recommended:
a. "Individual Habilitation Plans (LH.P. 's) must
be developed for each resident with optional
provisions which are current and relevant."
b. "Each resident has a right to an habilitation
program which will maximize his human abilities
and potential."
-29-

The recommendations of this study have never been adopted by the

Training School.

'III. LACK OF ADEQUATE STAFF

92. The State Training School is understaffed in both

professional and direct-care. staff and has experienced massive

employee turnover and frequent leadership changes, including three

(3) superintendents in the past ten (10) years.

93. The direct-care staffing at the Training School is far

below contemporary staffing standards.

94. Although the staff shortages at the Training School have

existed and have been well-documented in government studies and

budget requests for many years, defendants have failed to correct

this serious deficiency.

95. The lack of adequate and trained staff has resulted in

residents not receiving prescribed habilitation services and, in

many cases, regressing in their skills.

96. The lack of sufficient direct-care staff limits the staff

to doing little more than attempting to meet the immediate physical

needs of the resident. As a result, their habilitation programs

regularly are sacrificed.

97. There are inadequate numbers of professional specialists

to provide essential services, such as occupational and physical

-30-

therapy, speech therapy, and habilitation, all treatments that are

required by residents.

98. Resident do not receive sufficient individual attention

to benefit from their programs . Staff are unable to implement

.training programs.

99. Residents are often left on their own devices to

alleviate boredom, resulting in aggressive and assaultive behavior.

Persons sit, stand or lie around all day, very often exhibiting

self-stimulating behavior.

100. Staff cannot provide consistent behavioral intervention

or behavioral programming. In many cases, the programs actually

re-enforce the inappropriate behavior.

101. Staff are not trained adequately to handle residents'

inappropriate behavior properly.

For example, staff

indiscriminately provide treats -- positive reinforcement

to

residents regardless of the behavior in which they are engaged at

the time. If a resident who is exhibiting inappropriate behavior

is given a reward, that behavior is reinforced and will continue

indefinitely.

VIII. FAILURE TO PROVIDE HABILITATION

102. Defendants have failed to provide appropriate

habilitation for State Training School residents; without such

habilitation, the residents are confined without purpose and will

-31-

lose rather than gain skills. The residents not only are unable to learn skills that will assist them on their return to the community, but they also lose the skills they possessed upon entering the State Training School because of a lack of practice and reinforcem~nt.
103. Defendants have failed to develop and implement adequate individual program plans; these plans form the basis for habilitation at the facility.
104. Individual habilitation plans omit training objectives for residents. These objectives are an integral part of an adequate habilitation plan, as they identify the skill to be acquired and the teaching techniques to be employed.
105. Other plans identify inappropriate behaviors, but fail to specify the intervention method to be used to teach residents more appropriate behaviors.
106. Residents are permitted to engage in behaviors that are or should be identified for reduction or elimination in their habilitation plans.
107. Even where the defendants have developed a habilitation program for residents, they have not ensured that such programs are implemented, often leaving residents with no actual program.
108. On November 6, 7 and 8, 1989, P&A professionals observed virtually no training activities at the Training School.
-32-

109. Groups of residents have been observed seated in a day room in front of a television set for extended periods of time in the guise of habilitation; on other occasions, staff have been observed watching television while residents wander unattended.
110. Due to the lack of behavioral strategies, aggressive and assaultive behaviors are commonplace.
IX. NEED FOR COMMUNITY PLACEMENTS AND SERVICES 111. There are class members at risk of placement at the State Training School who are in need of services in community settings. Due to inadequate utilization reviews, insufficient discharge planning, and the failure of defendants to provide adequate community-based alternatives to the State Training School, class members remain institutionalized or at risk of institutionalization to their detriment.
X. LIVING CONDITIONS 112. The State Training School is located near Lander, Wyoming, a town of approximately 9,000 people. The town is remote and nearly inaccessible by public transportation, which limits the ability of families and friends to maintain frequent contacts with residents. The hardship is greater for persons with limited means, but in all cases the relative isolation of the State Training School accelerates the decline of affectionate
-33-

relationships, stripping family supports from the institutionalized individual, both emotional and material, that are normally available in the community.
113. The State Training School provides insufficient space in the living and program areas. Many individuals sleep in bedrooms with partial walls that afford little privacy. Many residents are confined to small communal dayrooms in which they spend most of their awake hours.
114. The environment of many units at the Training School are particularly well-suited to developing behavioral problems. Lane and Rothwell Cottages provide examples of such an unsuitable environment. privacy is impossible; noise is common throughout the day and night; toileting is a public rather than a private experience.
115. By the very nature of the environment at several of the units at the School, inappropriate behaviors are fostered, and behavioral strategies to reduce inappropriate behaviors and build appropriate behavior are virtually nonexistent.
116. Residents are denied adequate opportunities for exercise. 117. Many doors at the State Training School are kept locked unnecessarily. 118. At all times relevant to this complaint, defendants have had knowledge of conditions at the State Training School, both from
-34-

staff, personal observations, and from reports by others, but have

taken insufficient or inappropriate action to remedy the situation

and defendants have made public statements that the conditions do

not exist. Defendants have also made public statements that the

conditions do exist.

119. Representatives of Plaintiffs and others have met with

defendants and advised them of the conditions at the State Training

School, of the repeated· abuse of the residents, and of the need for community placement. Defendants have not denied the allegations

but have ignored any recommendations.

120. Plaintiffs lack an adequate remedy at law.

COUNT I

XI. CT·AIMS
VIOLATION OF CONSTITUTIONAL RIGHTS

(UNITED STATES CONSTITUTION)

121. Paragraphs 1 - 120 of this complaint are realleged within this paragraph as if fully set forth herein.

122. The Defendants have and continue to deprive the

Plaintiffs and the class of their constitutional rights under the

United States Constitution and their rights protected under the

laws of the United States, in violation of 42 U.S.C. Sec. 1983,

in the following not necessarily inclusive regards:

a. Denial of life, liberty and property without due

process of law;

-35-

b. denial of equal protection under the law; c. denial of freedom of expression and association; d. denial of the rights of privacy, dignity and family integrity; e. denial of substantive due process rights including, but not necessarily limited to the following:
i. denial of adequate food; ii. denial of adequate shelter; iii. denial of adequate clothing; iv. denial of adequate medical care;
v. denial of safe conditions; vi. denial of freedom from bodily restraint; vii. denial of minimally adequate training or habilitation; f. denial of state created liberty rights in violation of the due process clause of the Fourteenth Amendment of the United States Constitution; g. denial of a free and appropriate education; h. denial of appropriate placement in a cOllUDunity setting;
COUN'l.' II -- REHABILITATION ACT
123. Paragraphs 1 - 120 of this complaint are realleged within this paragraph as if fully set forth herein.
-36-

124. Defendants have and continue to violate the rights of

plaintiffs and the class secured by Sections 100 and 504 of the

Rehabilitation Act of 1973, 29 U.S.C. Secs. 720 and 794, and the

rules and regulations promulgated pursuant thereto, including 45

CFR Part 84, 34 CFR Part 100 and 34 CFR 1361 in the following not

necessarily inclusive regards:

a. Denial of adequate food;

b. denial of adequate shelter;

c. denial of adequate clothing; e. denial of safe conditions;

f. denial of freedom from bodily restraint;

g. denial of minimally adequate training;

h. denial of rehabilitative services;

i. excluding from participation, denying benefits of,

or otherwise subjecting the plaintiffs to discrimination under

programs and activities receiving or otherwise benefitting from

Federal financial assistance.

125.

COUNT III -- SOCIAL SECURITY ACT Paragraphs 1 - 120 of this complaint are realleged within

this paragraph as if fully set forth herein.

126. Defendants have and continue to violate the provisions

of Title XIX of the Social Security Act, 42 U.S.C. Sec. 1396 et

seq. and the rules and regulations promulgated thereunder,

-37-

including 42 CFR Parts 442 and 483, in the following not necessarily inclusive regards:
a. Failure to provide professional services; b. failure to provide training and habilitation services regardless of age, degree of retardation, or accompanying disabilities or handicaps; c. insufficient and insufficiently trained staff; d. failure to maintain the State Training School in accordance with applicable standards.
COUNT IV -- DEVELOPMENTAL DISABILITIES ACT
127. Paragraphs 1 - 120 of this complaint are realleged within this paragraph as if fully set forth herein.
128. Defendants have and continue to violate the rights of plaintiffs and the class secured by the Developmental Disabilities Act, 42 U.S.C. Sec. 6000 et seq., and rules and regulations promulgated pursuant thereto, and, including 45 CFR 1385 through 1388, in the following not necessarily inclusive regards:
a. denial of appropriate treatment; b. denial of appropriate services; c. denial of appropriate habilitation; d. denial of adequate food; e. denial of appropriate and sufficient medical and dental services;
-38-

f. denial of freedom from physical and chemical

restraint;

129.

g. denial of safe conditions;
COUN'f V -- EDUCATION OF THE HANDICAPPED ACT
paragraphs 1 - 120 of this com~laint are realleged within

this paragraph as if fully set forth herein.

130. The defendants have and continue to deprive the

Plaintiffs and the class of rights secured by the Education of the

Handicapped Act, 20 U.S.C. Secs. 1400 through 1485 and the rules

and regulations promulgated thereto, including 34 CFR Part 300.

DEHAND FOR BELIEF

WHEREFORE, Plaintiffs ask this Honorable Court:

1. To assume jurisdiction over this action;

2. To certify this action as a class action;

3. To declare that defendants have violated the rights of

the class members under the United States Constitution by failing

to provide adequate food, shelter, clothing, medical care, safety,

and training; subjecting the residents to undue restraints, and

failing to provide a program of community services for those class

members who are ready for community placement and services;

4. To declare that defendants' operation of the State

Training School violates and continues to violate the Rehabilitation Act;

-39-

· .
5. To declare that defendants' operation of the State Training School violates and continues to violate the Social Security Act;
6. To declare that defendants' operation of the State Training School violates and continues to violate the Developmental Disabilities Act;
7. To declare that defendants' operation of the State Training School violates and continues to violate the Education of the Handicapped Act;
8. To enter preliminary and permanent injunctions requiring: a. that defendants operate the State Training School
in accordance with the standards set forth by the Title XIX ICF/MR regulations, 42 C.F.R. Parts 442 and 483 et seq.;
b. that defendants provide adequate treatment to the State Training School residents, including the development and implementation of individualized habilitation programs and the provisions of adequate services, including but not necessarily limited to: physical occupational and speech therapy, medical, psychological, nursing, and dental services;
c. that defendants ensure that the State Training School residents are protected from harm;
d. that defendants provide community services; e. that defendants discontinue their segregation of and
-40-

discrimination against State Training School residents on the basis
of handicap; and,
9. To grant such additional relief as this Court deems
appropriate, including damages, costs, and reasonable attorneys'
fees.
DATED THIS _3'~_ day of January, 1990.
Respectfully submitted,
ilde Attorne for Plaintiffs General Counsel
Protection & Advocacy System, Inc.
2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming·""82 1 (307) 632)9-6/
/.
(/.
Michael H. eese. Attorney for Plaintiffs Wiederspahn, Lummis & Liepas, P.C. Carey Avenue, Suite 704 Cheyenne, Wyoming 82001 (307) 638-6417
4 £ Mi~~~B'.Dqo6Pn4n0e0l'{';;'",/
Attorney for Plaint ffs Michael R. O'Donnell, P.C. P.O. Box 1025 Cheyenne, Wyoming 82003 (307) 632-0536
-41-

 .... ~-.--...,.-.....,..... --". '."
, .
"

". .... .. --~.--.-..I

Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRIcr OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et al.

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

~d

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004
PLAINTIFFS MOTION FOR CLASS CERTIFICATION

PLAINTIFFS MOTION FOR CLASS CERTIFICATION
Pursuant to Fed. R. Civil. P. 23(a), (b)(1) and (b)(2), Plaintiffs move the Court to certify this action as a class action, and as grounds therefore, state as follows:
1. This is a civil rights action for injunctive and declaratory relief against the Wyoming State Training School and other Wyoming state agencies and officials. The Complaint alleges unconstitutional and discriminatory practices and inhumane

care and treatment of persons committed to the Wyoming State Training School ("WSTS").
2. J'he proposed class is all current and future residents of the WSTS; retarded persons residing at home who, because effective community services to assist their families are unavailable, are in jeopardy of being sent to WSTS; persons who have been transferred to skilled nursing facilities, intermediate care facilities, home for the aged and similar facilities, yet remain Defendants' responsibility and who because of Defendants' failure to provide alternative services in the community, may be forced to return to WSTS.
3. Eight (8) named Plaintiffs bring this action on behalf of all other similarly situated. Seven (7) of the named Plaintiffs are current residents of WSTS. The other named Plaintiff is an individual who requires care and treatment and he is at risk of being placed at WSTS because community programs are unavailable.
4. The requirement of Fed. R. Civ. P. 23(a)(l) that the class is so numerous that joinder of all members is impracticable is met as WSTS houses a daily average of approximately 399 residents. Further, it is impracticable to join future unknown WSTS residents in this action.
5. Rule 23(a)(2) is met as there are questions of law and fact common to the class, including whether the basic care and lack of appropriate care and treatment at WSTS is inhumane, unconstitutional and violates federal law. The claims as alleged in the complaint are common to the class as all of the plaintiff class has been,
2

are or will be subjected to the conditions, policies, practices, acts and omissions of the Defendants.
6. Rule 23 (a)(3) is met as the claims of the named representative Plaintiffs are typical of the claims of the class. All of the named resident Plaintiffs have a nexus to the class claims as they each have been subjected to and suffered from the conditions, policies, practices, acts and omissions as alleged in the complaint. All of the named Plaintiffs' claims are based on the same legal theories as the class claims.
7. Rule 23(a)(4) is met as the named representative Plaintiffs and class counsel will fairly and adequately protect the interests of the class. None of the named representative Plaintiff's interests are antagonistic to the interests of any other class member. Further, Plaintiffs' counsel are experienced in civil rights actions and are well qualified to conduct this litigation.
8. This action is brought under Rule (b)(1) and (b)(2) as the Defendants have acted and have refused to act on grounds generally applicable to the class, thereby making final injunctive relief and corresponding declaratory relief appropriate with respect to the class as a whole.
9. Rule 23(c) provides:
"(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order
3

under this subdivision may be conditional, and may be altered or amended before the decision on the merits."

A Memorandum in Support of this Motion is attached hereto.

$ Respectfully submitted this

day of March, 1990.

/ I;;} /, /.,)

h i ,t't,£~;Y". /I/(;0d:' /,~ ',N!

/;

6:

Michael R O'Donnell

Attorneys for Plaintiffs

Protection & Advocacy System, Inc.

2424 Pioneer Avenue, Suite 101

Cheyenne,. Wyoming 82001

4

 -" ~,

Danny S. Wilde Michael H. Reese Michael R O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001

IN 1HE UNITED STATES DISTRICT COURT FOR 1HE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et ai.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

et ai.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS ACTION DETERMINATION
Introduction
Plaintiffs filed their complaint in this action on January 3rd, 1990, seeking declaratory and injunctive relief for alleged violations of their statutory and constitutional rights by defendants.

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• 1) Plaintiffs move the Court for an Order pursuant to Rule 23(c),
Federal Rules of Civil Procedure (hereinafter, where appropriate, "Rule" or "Rules") to certify the present action as a class action because
a) The Class Plaintiffs number well in excess of 399 and the class is therefore so numerous that joinder of all its members in this action would be impracticable if not impossible. The class consists of:
(1) All persons who reside at the Wyoming State Training School (hereinafter "WSTS") on or after January 3rd, 1990;
(2) All persons with developmental disabilities who may be transferred or placed there in the future;
(3) All persons with developmental disabilities residing at home who, because effective community services to assist their families or themselves are unavailable, are at risk of being admitted to WSTS.
(4) All persons with developmental disabilities who have been transferred from WSTS to other institutions or agencies including, but not limited to, skilled nursing facilities, community programs, yet remain Defendants' responsibility and who, because of Defendants' failure to provide alternatives in the community, may either be forced to return to WSTS or receive inadequate care and training.
The delivery of educational, therapeutic, psychological, medical and dental services to persons with developmental disabilities is shared by the Wyoming State Training Hospital and the Division of Community Programs, hereinafter "DCP," of the Wyoming Department of Health and Social Services. While the WSTS provides services to individuals who are
2

mentally retarded and DCP provides services to persons with developmental disabilities, the overlap is apparent. As a general proposition, individuals who are served at the WSTS meet the federal definition of developmentally disabled. Therefore, there are members of the putative class who receive services at WSTS but should be in community residential programs, members who deserve an appropriate constitutional level of care at either WSTS or from DCP but, in fact, are without such care. The size of the members of the class are therefore unknown.
Due to the paucity of residential facilities within the State of Wyoming, WSTS remains unfortunately the choice for many individuals with developmental disabilities. Residential facilities outside WSTS are few and far between.
In terms of numbers, the following information is provided to assist the Court in understanding the size of the class:
1.) Individuals who are developmentally disabled: The estimated number of developmentally disabled persons within the adult population is five thousand two hundred and seventy-seven (5277). Governor's Planning Council of Developmental Disabilities, Wyomin!:: Developmental Disabilities. Two-Year Transitional Plan. 1990-1991, p. 10. The number of students is estimated at one thousand seven hundred and sixty (1760). I d, p. 9. The size of the numbers of individuals who need constitutional levels of care for mentally retarded individuals is unknown. Approximately four thousand (4000) individuals are estimated as not receiving any services.
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· .
2.) Individuals at the Wyoming State Training School: The number of residents served by WSTS is in a constant state of flux·. In the complaint, three hundred ninety-five (395) individuals were identified, but only as approximate. According to the above-cited Plan, "The Wyoming State Training School, as of July 20, 1989, was serving 412 persons with developmental disabilities." I d at p. 10. This number is further broken down into: a) 61 individuals on rehabilitation leave or served off campus; 2) 2 individuals at the Wyoming State Hospital; 349 individuals at WSTS.
3.) Class numbers not only include the relatively finite number under the control of WSTS, but also the indeterminate number of the developmentally-disabled population as a whole who are at risk of being placed as WSTS because community programs are unavailable
RULE 23 PREREQUISITES TO CLASS ACTIONS STANDARD OF REVIEW - IN GENERAL
The standards for certifying a class action appear in Rule 23, which requires a two-step analysis to determine whether a particular case can be conducted as a class action. First, plaintiffs need to satisfy the Rule 23(a) standards. Once these general requirements are met, plaintiffs must then satisfy one of the three Rule 23(b) categories of class action. Adamson v. Brown, 855 F.2d 668, 675 (10th Cir. 1988); Bard v. United Nuclear Corp., 462 F.2d 149, 154 n. 7 (10th Cir. 1972); Lyon v. United States, 94 F.R.D. 69, 73 (W.O. Okla. 1982).
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Rule 23 is to be construed liberally. Hom v. Associated Wholesale Grocers. Inc., 555 F.2d 270, 273 (1049 Cir. 1977), Rutherford v. United States, 429 F.Supp. 506, 508 (W.O. Okla. 1977). Because class certification is subject to later modification, the Court should err in favor of, and not against, the maintenance of the 'class action. Joseph v. General Motors CQrp.., 109 F.R.D. 638 (D.Colo. 1986). As the Fifth Circuit has noted, "rule 23(a) must be read liberally in the context of civil rights suits . . . especially. when the class action falls under Rule 23(b)(2)." Jones v. Diamond, 519 F.2d 1090, 1099 (5th Cir. 1975). Moreover, the Tenth Circuit has cited Jon e s fo.r the proposition that liberal construction should be applied. Hom v. Associated Wholesale Grocers. Inc., at 275. A court is "obliged to determined only whether the requirements of Rule 23 have been satisfied." Joseph v. General Motors Corp., 109 F.R.D. at 635. "Frequently, in a case such as this, the great emphasis is less on damages than on future compliance and a less strict adherence is seen to Rule 23(a) requirements." Hom v. Associated Wholesale Grocers. Inc., 555 F.2d at 275.
Plaintiffs and the class they seek to represent satisfy all of the requirements of Rules 23(a) and (b)(2). Subdivision (b)(2) was added to Rule 23 in 1966 in part to make it clear that civil rights suits for injunctive or declaratory relief can be brought as class actions. Wright, Miller & Kane, Federal Practice and Procedure. 2d § 1776 at 495 (1986).
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Finally, class action certification is conditional and may be "altered, expanded, subdivided, or vacated as the case progresses toward restitution on the merits." Joseph y. General Motors COlJ2oration, 109 F.R.D. at 638.
I. STAGE I - THIS ACTION MEETS ALL OF THE RULE 23(3) PREREOUISITES FOR CERTIFICATION AS A CLASS.
Rule 23(a) lists four (4) standards that must be met. It states:
Prerequisites to a Class Action.
One or more members of a class may sue or be sued as representative parties on behalf of all only if (l) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
The four requirements are commonly referred to as numerosity, commonality, typicality and adequacy of representation. Joseph v. General Motors COIJ2., 109 F.R.D. at 638; Smith v. MCI Telecommunications Corp., 124 F.R.D. 665, 674 (D. Kansas, 1989).
Before analyzing each of the four criteria, it is important to note at the outset that, as did the court in Penn v. San Juan Hospital. Inc., the "proposed class action is not a complex damage suit" but "merely seeks
6

protection of a class by injunctive relief against alleged discriminatory practices under Rule 23(b)(2)." Penn v. San Juan Hospital, 528 F.2d 1181, 1188 (10th Cir. 1975). In such cases, such as this one, "there are not difficult notice probiems, nor does it present administrative complications involved in collecting and distributing funds such as are encountered in Rule 23(b)(3} damage actions." Id. at 1188. In view of the fact that plaintiffs seek only prospective relief, a "less strict adherence . . . to Rule 23(a} requirements" is permitted since "in a case such as this, the great emphasis is . . . on future compliance." Horn v. Associated Wholesale Grocers. Inc., 555 F.2d at 275.
A. Numerosity - The Proposed Class Is So Numerous T hat Jojnder Qf All Members Is Impracticable.
No magic figure can be used as an infallible guide to determine when the number of class members becomes so great that their joinder is not . feasible. Id at 275. For example, one case has held that eighteen (18) was a sufficient number to justify class action. Cypress v. Newport New s General, 375 F.2d 648 (4th Cir. 1967). Joinder need not be impossible; this standard requires only that joinder would be difficult or inconvenient. See Harris v. Palm Springs Alpine Estates. Inc., 329 F.2d 907, 913-914 (9th CiT. 1964).
The resident population of WSTS is in constant flux, with residents being discharged and admitted on a continual basis. The most recent figures that the plaintiffs were able to obtain from the defendants indicate
7

four hundred twelve (412) individuals under their control including residents at WSTS and residents at other facilities or on rehab leave.
While it is impracticable to join four hundred twelve (412) residents in one lawsuit, it is impossible to join unknown future class members. Future residents of WSTS and individuals who are not receiving any level of care are part of the proposed class because the complaint seeks prospective relief that affects theirs rights as well.
Impracticability is dependent - not on arbitrary numbers - but upon the circumstances surrounding the case. Lyons v. United States, 94 F.R.D. at 275. "The numerosity requirement requires examination of the specific facts of each case and imposes no absolute limitations." General Telephone Co. of the Northwest v. EEOC, 446 U.S. 318, 330 (1980). But "where the numerosity question is a close one, a balance should be struck in favor of a finding of numerosity . . . ." Evans v. United States Pipe & Foundry Co., 696 F.2d 925, 930 (11th Cir. 1983), citing with approval Foster v. Bechtel Power Corp., 89 F.R.D. 624 (E.D. Ark. 1981).
Here the question cannot be considered "a close one," since the current residents of WSTS alone constitute a class of approximately four hundred members. Compare, e.g., Circle v. Jim Waiter Homes. Inc., 535 F.2d 583, 585 (10th Cir. 1976) (358 persons who executed challenged negotiable notes); McCown v. Heidler, 527 F.2d 204 (lOth Cir. 1975) (262 lot purchases); Horn v. Associated Whole Grocers. Inc., 555 F.2d at 275 (46 employees).
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-- - - .--

--~.'.

.-.

The numerosity requirement is satisfied when a class includes future members. Lawson v. Wainwright. 108 F.R.D. 450, 454 (S.D. Fla. 1986) (inclusion of future inmates of Hebrew Israelite faith satisfied numerosity). Classes, which include future members, frequently have been approved by the courts, particularly in' civil rights actions where the numerosity requirement is liberally construed. See generally Wright, Miller and Kane, Federal Practice and Procedure 2d § 1771 at 405-420 (1986).
Moreover, the class also includes unnamed and unknown persons still living in the community who currently require or who may in the future required services from defendants, and "who may be discriminated against" by defendants' practices. Jordan v. County of Los Angeles, 669 F.2d 1311, 1320 (9th Cir. 1982), vacated on other grounds, 459 U.S. 810 (1982). "The joinder of unknown individuals is inherently impracticable" for the purposes of Rule 23(a)(1). Id. at 1320, citing Jack v. American Linen Supply Co., 498 F.2d 122 (5th Cir. 1974) and Scott v. University of Delaware, 68 F.R.D. 606 (D. Del. 1975). See also Williams v. New Orleans Steamship Association, 673 F.2d 742, 755 (5th Cir. 1982); Bowe v. Colgate, 416 F.2d 711, 719 (7th Cir. 1969). Thus, the size of the class and the inclusion in that class of unknown persons make joinder impracticable and the numerosity requirement is met. Numerosity must be determined in light of the particular circumstances of each case. Joinder of unknown persons who could be denied coverage in the future was impracticable, therefore, the court concluded that numerosity had been established and
9

granted class certification. Weaver v. Reaeen, 701 F.Supp 717 (W.D. Mo. 1988).
B. Commonality. There Are QuestjoDs Qf Law Or Fact Common To The Class.
The second of the Rule 23(a) requirements is the necessity for questions of law or fact common to the class.
The commonality requirement is satisfied when there are either common questions of law QI. fact. Rule 23(a)(2) requires that there be questions of law or fact common to the class. Smith v. MCI Telecommunications Corp., 124 F.R.D. at 675, citing Fertig v. Blue Cross of Iowa, 68 F.R.D. 53, 57 (N.D. Iowa 1974). ("[als a general rule all that this section requires is either common questions of fact or common questions of law"). The existence of common questions of law and fact is readily apparent.
Class relief is "peculiarly appropriate" when the "issues involved are common to the class as a whole" and "tum on questions of law applicable in the same manner to each member of the class." Califano v. Yamasaki, 442 U.S. 682, 701 (1979). Accord, General Telephone Co. v. Falcon, 457 U.S. 147, 155 (1982). The commonality provision does not require that all issues or facts in the case must be common to the class, only that some
10

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factual or legal questions pertain to all. See, e.g., Milonas v. Williams; 691 F.2d 931, 938 (10th Cir. 1982), cert. denied, 103 S. Ct. 1524 (1983); Bogle v, Crow-Brighton Co., 96 F.R.O. 1 (W.O. Okla. 1981).
"It is recognized that there may be varying fact situations among individual members of the class and this is all right as long as the claims of the plaintiffs and other class members are based on the same legal or remedial theory." Penn v. San Juan Hospital, 528 F.2d at 1189.
Members of the plaintiff class share numerous factual questions (e.g., the degrading conditions at WSTS, the inadequacy of the services provided by the defendants) and legal questions (e.g., whether such failures at WSTS violate plaintiffs' constitutional and statutory rights and, rights arising from their shared need for services). It is well-settled that a class action is an appropriate mechanism to challenge conditions of confinement of handicapped persons in state institutions. Milonas v. Williams, 691 F.2d 931, at 936-38 (10th Cir. 1982); Halderman v. Pennhurst State School and Hospital, 612 F.2d 84, 109 (3d Cir. 1979), afFg unreported order (E.O. Pa. Nov. 26, 1976), rev'd on other grounds, 451 U.S. 1 (1981).1
ISocjety for Good Will to Retarded Children y CUOIDO, unreponed order (E.D. N.Y. May 15, 1980), as noted, 572 F.Supp. 1300, 1303 (E.D. N.Y. 1983), affd in part. rev'd in part on other grounds. 737 F.2d 1253 (2d Cir. 1984); Association for Retarded Citizens of Nonh Dakota y Olson. 561 F.Supp. 473. 475 (D. N.Dak. 1982), affd. 713 F.2d 1384 (8th Cir. 1983); Medley y. Gjnshere:. 492 F.Supp. 1294. 1297 (S.D. W. Va. 1980); Garrity y. Gallen, unreponed decision (D. N.H. Feb. 22, 1980), noted at 522 F.Supp. 171, 176 (D. N.H. 1981); Mjchjgan AssociatioD for Retarded Citizens V Smith, unreported decision (E.D. Mich. March 3, 1978), noted at 475 F.Supp. 990, 991-92 (E.D. Mich. 1979); Johnson y Brelie, 482 F.Supp. 121, 123 (N.D. 111. 1979), affd, 701 F.2d 1201 (7th Cir. 1983); Cruz y. Collazo, 84 F.R.D. 307, 314-16 (D. P.R. 1979); Institutionalized Juveniles v. SecretaTV of Public Welfare, 459 F.Supp 30, 40-42 (E.D. Pa. 1978). rev'd on other grounds, 442 U.S. 640
1 1

Moreover, broad-based civil rights class actions seeking system-wide injunctive and declaratory relief by their nature present common questions of law and fact. Lawson v. Wainwright, 108 F.R.D. at 455 (challenging prison authorities' restrictions on inmates' ability to participate in Hebrew Israelite Religion). Indeed, the commonality requirement has been described as superfluous in Rule 23(b)(2) cases. See Wright, Miller & Kane, Federal Practice of Procedure § 1763, at p. 227 ( 1986).
Unhealthful and unsafe conditions in a facility affect every person in it. Thus class actions are particularly appropriate to challenge conditions in a single institution, or even in a group of similar institutions under single control. New' York State Ass'n for Retarded Children. Inc. v, Carey, 393 F.Supp. 715 (E.D. N.Y. 1975) (an institution for retarded children); Costello v, Wainwright, 397 F.Supp. 20, (M.D. Fla. 1975) (group of penal institutions).
c. Typjcality - The Claims Of The Class Representatiyes
Are Typical Of The Claims Of The Class.
(1979); Keptuckx Association for Retarded Citizens Inc X Conn, unreported order (W.O. Ky. Jan. 24, 1978), noted in 674 F.2d 582. 583 (6th Cir. 1982), cert. denied, 103 S.C!. 457 (1982); GoldX v Beal, 429 F.Supp. 640, 648-49 (M.D. Pa. 1976); Woe X Mathews. 408 F.Supp. 419, 429 (E.D. N.Y. 1976); Rowe v. Fireman, unreported order (N.D. Ohio March
9, 1976), noted at 473 F.Supp. 92, 96 (N.D. Ohio 1979); Rogers v Okin. unreported order
(D. Mass. Oct. 16, 1975), as noted. 475 F.Supp. 1342. 1352 n. 1 (D. Mass. 1979). affd in part, rev'd in part on other grounds. 634 F.2d 650 (1st Cir. 1980). vacated and remanded on other grounds, 457 U.S. 291 (1982).
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Under Rule 23(a)(3) the claims or defenses of plaintiffs must be typical of the claims or defenses of the proposed class. "The typicality requirement is said to limit the class to those fairly encompassed by the named plaintiffs claims." General Telephone Co. of the Northwest v. EEOC, 446 U.S. at 330. Title VII actions, for example, in which it is alleged that discrimination is present, are in their nature, class action suits. Horn v. Associated Wholesale Grocers. Inc. 555 F.2d at 275; accord, Rich v. Martin Marietta Corporation, 522 F.2d 333, 340 (10th Cir. 1975) ("class actions are generally appropriate" in civil rights cases). The typicality standard does not, therefore, require that named plaintiffs "be in a position identical to that of every member of the putative class." Smith v. MCI Telecommunications Corp, 124 F.R.D. at 675.
While of course there may be some variation in factual patterns among individual class members, such "[flactual differences in the claims of the class members should not result in a denial of class certification where common questions of law exist." Milonas v. Williams, 691 F.2d at 938, accord, Penn v. San Juan Hospital, 528 F.2d at 1189, ("there may be varying fact situations among individual members of the class and this is all right so long as the claims of the plaintiffs and the class members are based on the same legal or remedial theory"); Gerstle v. Continental Airlines. 50 F.R.D. 213, 219 (D. Colo. 1970) ("Although varying fact patterns may underlie individual claims[,] it is alleged that the same unlawful conduct was directed at plaintiff and those she represents. This is
13

sufficient to meet the common questions and typicality requirements of
the rule ...."), a/rd, 466 F.2d 1374 (10th Cir. 1972).2
Indeed, different fact situations of various class members would not necessarily defeat typicality requirement of Rule 23(a)(3) as long as the claims are based on the same legal or remedial theory. Adamson v. Brown, 855 F.2d 668 (10th Cir. 1988).
Here, if plaintiffs prevail, all class members will be afforded the care, treatment and placement which is required. There is no adversity of interest; rather, the interest of the named plaintiffs and the class coincide precisely.
D. Adequacy of Representatjon - The Plajntiffs WiJJ Fairly And Adequately Protect The Interests Qf The Class,
The requirement of adequacy involves two aspects: (1) whether the named representatives have interest antagonistic to the rest of the class, and (2) whether the representatives' counsel are qualified, experienced and generally able to conduct the proposed litigation. Kirkpatrick v. J.C.
2Thus, even the claims under the Education of the Handicapped Act for individualized educational programs are proper class claims. "That the Act requires individual placement decisions does not of itself bar all class actions." Roncker y Walter, 700 F.2d 1058, 1064 (6th Cir.), cerl. denied, 104 S.C!. 196 (1983). As in Roncker, one of the plaintiffs' claims here is that defendants "automatically send students" to a segregated school. "Such an allegation, if proven, would show a violation of the Act for the very reason that placements are not individually made." [d. at 1064. See also, Battle y. Pennsylvania, 629 F.2d 269, 274-75 (3d Cir. 1980), cert. denied, 452 U.S. 968 (1981); Parks y Paykoyic, 557 F.Supp. 1280, 1285-86 (N.D. Ill. 1983); Green y Johnson, 513 F.Supp. 965, 968-70, 974-76 (D. Mass. 1981).
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Bradford of Co., 827 F.2d 718, 726 (11th Cir. 1987) (securities fraud action.)
The first aspect of adequacy is met where there is no conflict among class members, named representatives or plaintiffs' counsel. No money. damages are sought, and all seek a common goal of improving practices and policies at WSTS and throughout Wyoming's developmental disabilities system.
Plaintiffs include residents of WSTS and their families, guardians or next friends of people segregated at WSTS and of persons in jeopardy of being institutionalized there by the State, as well as retarded people presently institutionalized or in jeopardy of being segregated there. These plaintiffs represent a broad spectrum of experience and attitudes concerning the needs of retarded persons. Plaintiffs' sole reason for bringing this action is to seek prospective relief, and therefore, substantially improving the lives of persons with developmental disabilities.
The second aspect of adequacy also is met as the named representatives are represented by qualified, experience counsel. Messrs. Dan Wilde is General Counsel with Protection and Advocacy Systems, Inc. (hereinafter "P&A"); and Michael Reese and Michael O'Donnell are attorneys engaged in the private practice of law.
P&A is a federally chartered non-profit corporation organized to protect the interests of developmentally disabled individuals, and it has experience in litigation concerning civil rights cases.
15

Mr. Dan Wilde is currently General Counsel of the Wyoming P&A. He is admitted to practice before state and federal courts. As General Counsel, he oversees the handling of legal issues and complaints related to developmental disabilities. His knowledge of the civil rights issues of individuals with developmental disabilities is generally unsurpassed within the State of Wyoming. A copy of his resume is attached as Exhibit "A".
Mr. Michael O'Donnell is engaged in the sole practice of law as Michael R. O'Donnell, P.C. of Cheyenne, Wyoming. Among his many areas of practice, Mr. O'Donnell is experienced in litigation. A copy of his resume is attached as Exhibit "B"
Mr. Reese is a member of a firm experienced in many facets of law. Mr. Reese himself has been involved with civil rights litigation and has attended seminars on § 1983 litigation. A copy of his resume is attached as Exhibit "C."
II. THIS ACTION IS MAINTAINABLE AS A CLASS ACTION UNDER RULE 23fbl,
In addition to meeting the requirements of Rule 23(a) for a case to proceed as a class action, it must fit into one of the categories described in Rule 23(b). Rule 23(b) states:
"Class Actions Maintainable.
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~J
"An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
"(1) the prosecution of separate actions by or against individual members of the class would create a risk of
"(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
"(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interest of the other members not parties to the adjudications or substantially impair or impede their ability to protect their ability to protect their interests; or
"(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or . . ."
Plaintiffs make no claim pursuant to subsection (b)(3). Plaintiffs meet the requirements of either Rule 23(b)(2) or in the alternative, 23(b)(I).
A. Defendants Haye Acted Or Refused To Act On Grounds Generally Applicable To The Class. Thereby Makjng Appropriate Fjna] Injunctiye ReUef Or Corresponding Declaratory ReHef With Respect To The Class A"s A Whole.
Class certification under Rule 23(b)(2) is appropriate here because both of the two basic factors that govern (b)(2) certification are present: "(1) the opposing party's conduct or refusal to act must be 'generally
17

·--~,
applicable' to the class and (2) final injunctive or corresponding declaratory relief must be requested for the class." Wright, Miller & Kane, Federal Practice and Procedure 2d, § 1775 at 447, 448 (1986).
The proposed class easily meets the requirements of Rule 23(b)(2) since "[c]onimon to each member of the class are the questions of allegedly discriminatory commitment procedures and conditions of confinement" approved and permitted by defendants, and "the relief sought on behalf of the class includes a declaration that certain present commitment procedures and conditions of confinement are unconstitutional. Therefore, . a class may be maintained under Rule 23(b)(2), which is an especially appropriate vehicle for civil rights actions seeking declaratory relief in institutional reform litigation." Coley v. Clinton, 635 F.2d 1364, 1378 (8th Cir. 1980), citing with approval 3B Moore's Federal Practice Para. 23.40[1] (1987) (referring to claims for injunctive relief for discriminatory actions by state officials as the "paradigm of a (b)(2) action"). Indeed, the 1966 Advisory Committee on the revisions to Rule 23 singled out in its official analysis of the revised rule "various actions in the civil-rights field where a party is charged with discriminating unlawfully against a class" as the type of class action maintainable under section (b)(2). Reprinted at 39 F.R.D. 98, 102. "Because one purpose of Rule 23(b)(2) was to enable plaintiffs to bring lawsuits vindicating civil rights, the rule 'must be read liberally in the context of civil rights suits.... Coley v. Clinton, 635 F.2d at 1378, 1379 n. 14, quoting Ahrens v. Thomas, 570 F.2d 286, 288 (8th Cir. 1978); accord, Rich v. Martin Marietta Corp., 522 F.2d at 340.
1 8

B. The Class Members Should Not Be Forced To Enforce Thejr Rjghts Through The Prosecutjon Qf Separate Actjons.
Since the proposed class so easily meets the requirements of Rule 23(b)(2), the• Court need nbt reach the criteria of Rule 23(b)(1). In' any event, the proposed class satisfied the requirements of that subsection as well.
The prosecution of separate actions by the class members certainly would create a risk of "inconsistent to varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class. . " Rule 23(b)(1)(A). If each WSTS resident were required to bring an individual action, the results would undoubtedly vary widely, providing defendants no uniform standard to enable them to determine whether they have met their legal duties.
Requiring that all class members bring their own actions would also create a risk of "adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interest of the other members not party to the adjudications or substantially impair or impede their ability to protect their interests. . . " Rule 23(b)(a)(B). The claims made and the relief sought by plaintiffs concern the policies and practices of the defendants as they affect all class members. If class members are forced to litigate the issues individually, and are successful in obtaining injunctions, the interest of the non-parties will be affected.
19

With respect to satisfying the Rule 23 requirements, the Tenth Circuit has stated that "if there is error to be made, let it be in favor and not against the Maintenance of the class action." Esplin v. Hirschi, 402 F.2d . 94, 99 (10th Cir. 1968), cert. denied, 394 U.S. 928, 89 S. Ct. 1194, 22 L. Ed. 22 459 (1969); Smith v. MCI Telecommunications Corp., 124 F.R.D. at 674.
Conclusjon
For the foregoing reasons, the proffered class should be certified.
Respectfully submitted,
Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001
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Exhibit "Att
CURRICULUM VITAE
m:
DANNY S. WILPB
EDUCATION JURIS DOCTOR: 1985 University of Wyomlng College of Law BACHELOR OF ARTS: 1982 Brigham Young University Major in Political Science Minor in Native American Education
CAREBR StJlQ(ARy
Presently the General Counsel of the Wyoming Protection & Advocacy System, Inc. Admitted before the state and federal courts
ot Wyoming. Previously served as the prosecuting attorney for the
City of Cheyenne, and as an associate in general practice with the law firm of Edwards & Johnson, P.C. Experienced in the general practice of law with a broader knowledge in civil rights, administrative law, civil, criminal, family, estate planning and business law. Practice is presently centered entirely in the civil rights field, with an emphaSis on the civil rights of individuals with developmental disabilities. Experienced in the legal systems of the United Kingdom of Great Britain and Northern Ireland including a six month Barrister's internship in the Queens Court in London, England. PROPESSIONAL INOWLEDGE
GENERAL COUNSEL PROTECTION & ADVOCACY SYSTEM, INC. (1988 - present) General counsel over legal issues of Protection &
Advocacy System, Inc. delivery of legal services under Public Laws 94-103 (42 USC 6000 et seq) and 99-319 (42 USC 10800 et seq), as amended and the Rehabilitation Act of 1973, as amended. Legal services are provided to protect and advocate the rights of persons with developmental disabilities and persons with mental illness. Emphasis in administrative law, civil rights, Education of All Handicapped Children's Act, and civil rights representation in State and Federal Court.

ASSOCIATE WITH EDWARDS & JOHNSON, P.C. (1986 - 1988) Associate with the law firm of Edwards & Johnson, P.C.
in the general practice of law. Admitted to the state and federal courts in Wyom~ng. Emphasis 1n civil, criminal, family, estate planning ami busin.1IS law. Involved in all aspects of research and legal writing.
ASSISTANT CITY ATTORNEY (1985 - 1986) Assistant City Attorney handling all criminal cases in
and for the City of Cheyenne. As the chief prosecutor for trials as well as representing to conclusion the City of Cheyenne in over 500 civil and criminal cases. Head ~ounsel in an appeal to the Wyoming Supreme Court in researching, writing and delivering the oral arguments thereof. Represented and advised City CounCil Committees and the diviSion of city government. Author of daily legal memorandums and opinions to all city departments.

. .

Exhibit "B"

MICHAEL R. O'DONNELL

2618 Warren ave. Cheyenne. WY 82601 (307) 635·1706
LEGAL EXPERIRNCE
Michael R. O'Donnell, P.C.
Cheyenne. Wyoming March. 1986 to Prescnt
Solo practitioner with emphasis in plaintiffs personal injury. medical malpractice and civil rights actions. Additional areas of practice include criminal defense, general business and domestic litigation together with landowner's royalty oil, and gas litigation.
Wyoming Attorney General Cheyenne. Wyoming AsSistant Attorney General August, 1984 to February, 1986
Original member of State of Wyoming natural resources litigation team. Primary concentration in oil and gas royalty litigation. Duties included full responsibility for major royally and tax litigation. Including appeals. Additional responsibilities included representation of and litigation Cor the Wyoming Department of Revenue and the Wyoming Secretary of State.
Vias/os, Reeves, Murdock & Brooks Casper. Wyoming Legal Intern
May 1983 • March 1984
Primary responsibilities included drafting of pleadings, briefs and memoranda in the areas of tort defense and commercial law; additional responsibilities included depOSitions, interrogatories, appellate briefs and arguments. County and District court appearances.

, '

G. Joseph Cardlne

Casper, WyomIng

Legal Intern

May 1982 to December, 1982

I

Responsibilities included preparation of cases for trial in areas of

tort, contract and corporate law: motion hearing and trial court

appearances; pre-trial preparation and appearances; discovery,

briefs, memoranda of law and legal research.

NON·LEGAL EXPERIENCE
Dimension Systems & Insulatjon, Inc. Casper, Wyoming Vice-PresIdent August 1980 - August 1981
Supervision and responsibility for all corporate activities including corporate budgets, long and short timn financing, preparation of job cost estimates for bid, supervision of jobs in progress, inventory management, personnel management.
ADMISSIONS TO PRACTICE
1984 - Admitted to the Bar of the State of Wyoming 1984 - Admilled to the United States District Court for the District
of Wyoming. 1984 - Admitted to the United States Court of Appeals for the Tenth
Circuit. 1986 - Admitted to the United States Court of Appeals for the District
of Columbia Circuit.
I.EGAL ORGANIZATIONS
American Bar Association Wyoming Bar Association Laramie County, Wyoming Bar Association Association of Trial Lawyers of America Wyoming Trial Lawyers Association

• . 'I.RGAL EDUCATION
1984 • Juris Doctorate University of Wyoming Honors: 1983·1984· President. University of Wyoming Student Bar Association 1984 • National Finalist, ATLA Student Trial Advocacy competition (5th in nation) 1982-1983 - Vice-President. University of Wyoming Student Bar Association 1983 • National Finalist. ATLA Student Trial Advocacy competition (3rd in nation) 1983 • Regional Representative, ABA Moot Court competition. 1983·1984 •. Recipient, Alfred M. Pence Memorial Scholarship awarded to the 1984 graduate with the greatest potential as a trial attorney.
NON·LEGAI. EDUCATION
1980 • Bachelor of Science· Finance University of Wyoming
REFERENCES
Employment, client, judicial and other attorney references together with representative cases handled available upon request.
March I, 1989

- - - - -..-.._-..-_-.-.--.-._...-.-..-._.-.-..-:_--._-.---:--:--:--::=:-:::-::-......, - .,..
. ~/
. ,
Exhibit "c"
MICHAEl. REESE
Michael Reese was born in Rock Springs, Wyoming. He attended George Washington University in Washington, D.C. for one year before transferring to the University of Wyoming. He was graduated from the University of Wyoming in 1971 with a Bachelor of Arts degree in Political Science. He then attended the College of Law at the University of Wyoming, and was graduated in 1974 with his Juris Doctor degree. His initial position was as an attorney for the Wyoming Legislative Service Office. His duties included being counsel to the Wyoming State Senate.
In 1975, Mr. Reese assumed duties as the Wyoming Department of Economic Planning and Development, first as its Community Affairs Director and later as Chief of State Planning. In these roles, he was responsible for coordinating and managing energy impact programs and community development in Wyoming. As chief of State Planning, Mr. Reese was also responsible for completing the HUD '701' state land use plan, and he also was an advisor to the State Land Use Commission and assisted the Commission in its preparation of the State Land Use Plan. Mr. Reese was among the group of several state agency administrators to sit on the "A-96" review process and review most environmental impact statements completed in the State of Wyoming. In 1980, Governor Herschler appointed him to be the first Administrator of the newly created Wyoming Water Development Commission, a position which he held until 1983. Mr. Reese developed the state's existing water development legislation, including the concept of sequential water development known as Level I, II, III and IV.
Mr. Reese has been involved with many aspects of environmental and natural resource law. His involvement has ranged from preparation of Environmental Impact Statements for water projects, negotiations and discussions with federal and state agencies on such matters as wildlife benefits, endangered species, documentation of need, groundwater pumping, minimum streamflows, water quality and other issues. Mr. Reese has also represented individuals in actions in the State of Wyoming relating to solid waste disputes and he has represented individuals who were interested in investigating commercial solid waste sites within the State of Wyoming.
In 1983, Mr. Reese joined the investment banking firm of Kirchner Moor and Company and he opened the Cheyenne, Wyoming office. Mr.

.' .--
'..
Reese specialized in tax-exempt municipal bonds for schools, water development, hospitals, housing developments and other governmental activIties. He became a Vice President in 1985. In 1987, Mr. Reese joined the law firm of Oitzinger and Wiederspahn, a firm specializing in public and private offerings of municipal bonds. Mr. Reese has had a Series 7 and Series 63 license from the National Association of Security Dealers.
Mr. Reese has experience and practice in the areas of municipal finance, planning and real estate, environmental law, municipal law and securities. Mr. Reese also has experience in civil rights cases -- for example, discrimination and employment. He has successfully defended a corporate client on Title. VII claims based on racial discrimination. And, he has attended legal seminars on § 1983 litigation. In addition to these specialty fields, Mr. Reese counsels a variety of business entities and individuals on day-to-day legal concerns embracing a wide variety of issues.
Mr. Reese is a member of the Wyoming and Laramie County Bar Associations and he is admitted to practice before the Wyoming Supreme Court, the Federal District Court for the District of Wyoming, and the United States Tenth Circuit Court of Appeals.
Mr. Reese is active in many youth activities and is a member of the Cheyenne Soccer Association, Cheyenne Sting Soccer Club and a coach for youth softball.
2

) ,
~,
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing MOTION AND MEMORANDUM OF LAW FOR CLASS CERTIFICATION were served on the Defendants by placing true and correct copies in the United States Mail, postage prepaid, on the 16th day of March, 1990, addressed as follows:
Dennis M. Coll Senior Assistant Attorney General Tort Litigation Division State of Wyoming Barrett Building, 4th Floor Cheyenne, WY 8'l""~~r-
Michael Reese

 ( --'""\

.. ·.,,~--,-.----- .-.,-~'. ~'--~-"'--"--'~'~-"~~.'---
~:'. I ~ ;:- I i I -_~ ' - ' '1 ",'.' : ! :[1:;
dJ i\PR 1~ til I: 52

Dennis M. Coll Senior Assistant Attorney General State of wyoming Barrett Building 4th Floor Cheyenne, WY 82002 (307) 777-6892

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants. )

CIVIL ACTION NO. C90-0004

DEFENDANTS' MOTION IN OPPOSITION OF CLASS CERTIFICATION

The above-named Defendants respectfully request an Order of the Court denying the Motion for Class Certification until such time as the Motion to Dismiss, together with Defendants' for More Definite Statement is heard.

- 1-

It is shown to the Court that in order to properly respond to the class certification, it is necessary to have the issues joined before an adequate response can be given by the individual defendants or agencies.

THEREFORE, Defendants object to the Plaintiffs' Motion

for Class Certification at this time.

~ay DATED this

of April, 1990

DENNIS M. COLL Senior Assistant Attorney General

- 2-

CERTIFICATE OF SERVICE
I, Dennis M. ColI, Senior Assistant Attorney General, do
hereby certify that on this ;Tr-q~ day of April 1990, the
foregoing DEFENDANTS' MOTION IN OPPOSITION TO CLASS CERTIFICATION was served by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to:
Danny S. Wilde 6921 Bomar Cheyenne, Wyoming 82001 Michael H. Reese Wiederspahn, Lummis & Liepas 2020 Carey Avenue, Suite 704 Cheyenne, Wyoming 82001
Michael R. O'Donnell P.O. Box 1025 Cheyenne, Wyoming
DENNIS M. COLL Senior Assistant Attorney General
- 3-

 -"

,", ,

~-... ' r--
, .

.
Dennis M. ColI Senior Assistant Attorney General Tort Litigation Division State of wyoming Barrett Building 4th Floor Cheyenne, WY 82002 (307) 777-6892

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.

)

)

Plaintiff,

)

)

C90-0004

)

WYOMING STATE TRAINING

)

SCHOOL, et al.

)

)

Defendant.

)

BRIEF IN OPPOSITION OF CLASS ACTION

The Defendants, both individual respectfully submit this Memorandum in Plaintiff's Motion for Class Certification.

and agencys, Opposition to

1. Background:

Plaintiffs filed their complaint in this action on January 3, 1990, seeking declaratory and injunctive relief

- 1-

-- !-'\

for alleged violations of individual right, both statutory and constitutional by various defendants.

Statutory authority the Wyoming State Training School is

found at W.S. S25-5-l0l et seq. S25-5-l03 specifically

states the legislative intent for the creation of this Board

of Charities and Reform facility:

"The Wyoming State

Training School is established for the diagnosis, evaluation,

education, training, custody and care of mentally retarded

persons". (Emphasis supplied)

Plaintiffs Motion for Class Certification seeks to certify a class of the following:

1. All current and future residents of the Wyoming State Training School.

2. Retarded persons residing at home who are in jeapardy of being sent to the Wyoming State Training School.

3.

Persons who have been transferred to other

facilities who may be returned to the Wyoming State Training

School.

- 2-

\

ARGUMENT

To proceed in this lawsuit as a class action, the named

plaintiffs must demonstrate that they have satisfied each of

the four prerequisites of Rule 23(a) of Federal Rules of

Civil Procedure, at least one of the mandates of Rule

23(b). See Peterson v. Oklahoma House Authority, 545 F,2d

1270, 1273 (10th Circuit 1976.)

Moreover, the named

plaintiffs must establish their compliance with these

requirements under a strict burden of proof. Rex v. Owens,

ex.rel. Oklahoma, 585 F.2d 432, 435 (10th Circuit 1978).

The class action device was designed as "an exception to the usual rule that litigation is conducted by and on behalf of the named party only". General Telephone Co. v. Falcon, 457 U.S. 147, 155 (1982). Quoting Califano v. Yamasaki, 442 U.S. 682 (1979). A class action is appropriate only where certification of class would materially advance "the efficiency and economy of litigation which is the principal purpose of the procedure". General Telephone Co. v. Falcon, supra. (Quoting the American Pipe and Contruction Company v. Utah, 414 U.S. 538 (1974).

- 3-

")
/

Rule 23(a). Federal Rules of Civil Procedure Rule 23(a) list four criteria that must be satisfied to prerequisite to a class action.
1) The class is so numerous that joining of all memebers is impractical.

It is submitted that although there is no magic formula

for determining the number of members necessary to constitute

a class under the Rule 23, numbers involved herein are

significantly numerous that joinder of all proposed members

is impractical, as being unmanageable and inappropriate for

certification.

See Robertson v. Nat onal Basketball

Association, 389 F.Supp. 867 (S.D.N.Y. 1975) (affirmed 556

F.2d 682 (2nd Cir. 1977) (certifying three hundred and sixty-

five (365) members): and Massengill v. Board of Education,

Antioch Community High, 88 F.D.R. 181, 184 (N.D. Ill. 1980)

(wherein the court states that joinder of over one hundred

(100) persons is impractical).

On page 3 of plaintiff's Memorandum and Support of Class

Certification states,

"The following information is provided to

assist the Court in understanding the size

of the class: (Emphasis supplied).

- 4-

,.

!I

Individuals who are developmentally disabled:

the

estimate number of developmentally disabled persons wi thin

the adult population is 5,277 ••• the number of students is

estimated at 1760.

2 ••• and 395 individuals at the Wyoming State Training

It is also note worthy to mention that plaintiffs' use the word "developmentally disabled" in their brief but "retarded persons" in their Motion, which according to the attached Affidavit of Rose Kor, developmentally disabled includes people other than those with mental retardation, which, as previously stated, are not subject to statutory placement at the Wyoming State Training School.

2. There are questions of law or fact common to the classes.

The plaintiff alleges the commonality requirement is satisfied when there are either common questions of law or fact, and that Rule 23(a)(2) requires that such questions are common to the class.

Class relief is particularly appropriate when the issues involved are common to the class at a whole, with common

- 5-

questions of law applicable in the same manner, to each member of the class. See Califano v. Yamasaki, supra.
The plaintiff, in their complaint, demonstrate that there is no common question or fact to the class as the plaintiffs are both adults and represented minors, therefore each subjects, themselves to individual criteria. Plaintiff alleges the Rehabilitation Act, (Count II); the Social Security Act (Count III), the Developmental Disability Act (Count IV); and the Education of the Handicap Act (Count V) • Therefore, by plaintiffs own admission, even if the proported class was limited to only those residents at the Wyoming State Training School, subclasses would have to be differentiated, to fairly articulate remedies available to the identifiable members of a particular subclass.
3. Claims or defenses of the representative parties are typical of the claims or defenses of the class.
As stated previously in discussing Rule 23(a)(2), Rule 23(a)(3) requires typicality of claims or defenses. In this case, the plaintiff has demonstrated that it has lost the technicality aspect of bring both minors and adults into the same action for the same type of ruling for both within and
- 6-

. /

outside the facility, not identifying which specific members of the developmentally disabled segment of the Wyoming population this suit is specifically addressed to.

4.

The representative parties will fairly and

adequately protect.the interest of the class.

Determining the adequacy of representation, the courts

consider only two elements:

a.) That the interest of the

representative party must coincide with

and not be antagonistic to other members

of the class; and b.) the representative

counsel is qualified and experience and

both the representative party and counsel

can be expected to prosecute the action

vigorously.

See Eisen v. Carlyle, 391 P.2d 555, 562 (2nd Cir. 1968).

It is presented to the court that the plaintiffs have

failed to allege a person who specifically meets the criteria

of the proposed class. No individual plaintiff is identified

as a future resident of the Wyoming State Training School, as

all but one is a current resident, and that is not even

alleged in tbe complaint. There is no plaintiff who is a

- 7-

retarded person. residing at home, nor is any plaintiff
individual alleged to have been transferred from the facility may be returned to the Wyoming State Training School. See the complaint in paragraphs 9 through 15.
Rule 23(b) sets for how to maintain a class action which requires the plaintiffs to meet all prerequisites of Rule 23(a). It is asserted that plaintiffs have met this burden as alleged above and, even should the Court should find that those prerequisites have been satisfied, the plaintiff then fails specifically to show to the court that this class action is not maintainable.
5. Rule 23(b) (3) individual questions of fact and law predominate over common questions.
A class action brought pursuant to Rule 23 (b) (3) must satisfy two requirements in addition to all of the prerequisites of Rule 23(a): (i) questions of law or fact common to the members of the class must predominate over questions affecting individual members only; and (ii) the class action must be superior, in terms of fairness and efficiency, to other methods of adjudication.
- 8-

The "predominace" requirement is designed in part to

"protect the Court and the public from confusion and waste of

resources occasioned by collective adjudication of separate

claims •

" Wilensky v. Olympic Airways, S.A., 73 F.R.D.

473, 477 (E.D. Pa. 1977). Because of the "r isk of unfai r

expense to both defendants and the named individual

plaintiffs" should class certification later be found

improper, class certification should not be granted if there

are any substantial doubts as to whether the plaintiffs will

be able to satisfy the predominance requirement. Baum v.

Great Western Cities, Inc., 703 F.2d 1197, 1210 910th Cir.

1983).

Consideration of the predominance question is essentially a factual inquiry:

It is necessary to analyze the nature of the
putative class's claims, and the proof that would be adduced in support of them. While
recitation in the complaint of common guestions of fact or law may satisfy bare pleading reguirements, when a motion for certification
is made the court must look beyond the labels
employed, and, on the basis of the record developed since filing, determine whether it is in fact confronted with a legitimate class action.

- 9-

Feinstein v. Firestone Tire' Rubber Co., 535 F. Supp. 595, 601 (S.D.N.Y. 1982) (emphasis added). Where, as here, "the facts surrounding each class member I s claim must be separately considered," Wilensky v. Olympic Airways, S.A., 73 F.R.D. 473, 477 (E.D. Pa. 1977), and there are "potentially vexing individual issues," there can be no predominance of common questions, and a class action does not provide a superior method of adjudication.

As can be seen by the court the individual plaintiff

seeking class certification are mostly members wi thin the

campus of the Wyoming State Training School, with some

subject to community placement including into local public

school districts. A class action cannot be maintained the

individuals questions of fact predominate over common

questions.

Therefore, the predominance requirement is

defective in this certification.

- 10 -

. / ' - . /

CONCLUSION For the above and foregoing reasons the proported class should not be certified.
Dated this ~t1Iday of April, 1990.

ReS~UllY submitted,
V#n/~ til a~
Dennis M. ColI Senior Assistant Attorney General Tort Litigation Division

CERTIFICATE OF SERVICE

I, Dennis M. ColI, hereby certify that I served a true and

correct copy of the foregoing BRIEF IN OPPOSITION OF CLASS

ACTION by depositing the same in the United States Mail,

~day postage prepaid, this

of April, 1990, addressed as

follows:

Danny S. Wilde 6921 Bomar Cheyenne, WY 82001
Michael H. Reese Wiederspahn, Lummis & Liepas 2020 Carey Avenue, Suite 704 Cheyenne, WY 82001

- 11 -

Michael R. O5'Donnell CP.hOe.yeBnonxe, l~ 82003

U.,; d! (Jt;/ 1
SDeenninoisr MA.ssCisotlaInt Attorney Genera

- 12 -

)

Dennis M. Coll Senior Assistant Attorney General State of Wyoming Barrett Building 4th Floor Cheyenne, WY 82002 (307) 777-6892

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

AFFIDAVIT OF STEVE E. ZI~

STATE OF WYOMING ss.
COUNTY OF LARAMIE

Steve E. Zimmerman being of the age of at least twentyone and first duly sworn upon oath depose and states as follows:
1. The affiant is a holder of a Masters Degree in Special Education with emphasis on rehabilitation counseling
- 1-

)

from the University of Northern Colorado in 1970. From 1979

to 1984 affiant was the Program Manager of Developmental

Disabilities for the State of Wyoming.

2. In 1984 affiant became the administrator of the

Division of Community Programs (DCP) of the Wyoming

Department of Health and Social Services (HDSS).

3. There are nine (9) regional community based adult

programs located in Casper, Cheyenne, Evanston, Laramie,

Riverton, Rock Springs, Sheridan, Thermopolis and Torrington.

with whom the Division of Community Programs has contracted

for services. All these adult programs are recognized by the

Commission for Accredidation of Rehabilitation Facilities

(CARF) ,

and are accredited to ensure consistent and

necessary vocational and residential services for the

programs' clients. All facilities have had the contractual

requirement of being CARF certif ied since 1982. At present

time, it is estimated that some 450 developmentally disabled

citizens in Wyoming are receiving services from these

providers. The development disabilities definition for these

providers is that set forth in Rose Kors' affidavit, which is

not limited services to individuals with mental retardation.

4. There are also thirteen (13) regional offices for

- 2-

)
developmental preschools throughout the State of Wyoming to provide services for 1300 youth from age birth to age five (5) years.
5. DHSSjDCP reviews and monitors, including site visits, of all facilities together with client reviews. DCP also reviews and monitors discharge plans to assist in the transition of individual clients from the Wyoming State Training School into one of the nine (9) community based programs. The copy of the ICAP service score levels of citizens in the community programs and the Wyoming State Training School is attached to this affidavit and is marked as Exhibit A and incorporated herein. It should be pointed out that these figures relate only to those with mental retardation.
6. With affiant's employment with the State of Wyoming and a new division and mission for developmentally disabled clients, which was to move some of the population out of the Wyoming State Training School and into community programs. For instance, in 1967 there were 728 clients served at the Wyoming State Training School while the resident client population today is approximately 330. This has forced a change in DCP' s budget; 1. e. fiscal 1979 - 1980 budget was
- 3-

"j

$4,746,000, in 1990 - 1991 bienium it is $23,425,000.

7.

In addition to direct state funding for the

legislature to the communi ty based programs, the Ecomomic

Development and Stabilization Department has ailocated monies

to the community based programs in recent years. (See

attached Exhibit B attached to this affidavit.)

Further affiant sayeth not.

STATE OF WYOMING COUNTY OF LARAMIE

)
) ss.
)

Steve E. Zimmerman

Subscr~bed and sworn to .if/ore me, Hota!y public, by

Steve E. Z1mmerman, on the J

day Of~o iL ,1990.

,. .-, Witness my hand and official seal. )V)1~ NO~~c[YC='.)

My commision expires:

I l'

- 4-

-~-~~~~~~~~~~~~~~--

A-1
AGENCY
NUMBER: 07
(~'",
)
, ,

STANDARD PROGRAM NARRATIVE

AGENCY
HEALTH AND SOCIAL SERVICES

PROGRAM COIII'Runtty Programs
SUB-BUDGET Developmental Dtsabt11tt es

INSTITUTIONAL ICOMMUNITY SERVICES

FIGURE 1

200

lTV PROGRAMS AND WSTS

-...
100

PAGE 105

PROGRAM'

80

SUB-BUDGET' .31

,
~
-\-0
<:0
~
~
~

1'--',

\..

o

)

(1)

(2)

(3)

(4)

(5). (e)

(7)

(8)

":9)

(1) IS TOTAl. PERSONAL CARE

(9) IS SUPPORTED ASSISTANCE

ICAP SERVICE SCORE LEVELS

c., C1I TO C', ARE_OST8EYERE C4, AND CS, ARE_OIIESEVERE LEVELS CI, TO ARE LESSSEYERE LEYEL8

III' ;

: ,i:'

••

•

•

•

800802

,-• i
WYOMING

RECEIVE,O
JAN"J990

MIKESUWVAN GOVERNOR

HERSCHLER BUILDING. 122 WEST 25TH

MEMORANDUM

CHEYENNE. WYOMING 82002

(307) 777·7284 '-800-212-3421
----"""-'WV_
...-.W'tG701

10: FROM: DAlE: SUBI.

The Honorabl~ikeSullivan Steve Schmit' ,

STEVE SCHMITZ EXECUTIVE DIRECTOR

January 10, 1 .

CDBG funding awarded to community based

programs dealing with the mentally handicapped

JohII ...... 11I

-_.L- _............ WYII2I01 Listed below are the local community based groups dealing with

DubDia. W't 12113
JohnT. . . . ...... .".,12431

the mentally handicapped that have received CDBG funding: This list has been compiled and forwarded to you at Dennis ColI's

--.--.W't 82831
........ WYI2Z14

request . Albany County - Provided a $300,000 grant to Ark Industries

......... 0 ........
~.WYI271.

and Rehabilitation Center. (FY84)

Funds were used t,o

rehabilitate and enlarge their sheltered workshop facility.

Sheridan County - Provided a $240,000 grant to RENEW. (FY84) Funds were used to rehabilitate an existing structure for use as a sheltered workshop for developmentally disabled adults.

Hot Springs County - Provided a $150,758 grant to Big Horn Enterprises. (FY87) Funding was for a dorm type housing and life skill training center for developmentally disabled adults.

Campbell County - A grant of $213,715 was awarded to RENEW. Funding was for the acquisition and rehabilitation of an existing commercial structure for use as a sheltered workshop for developmentally disabled adults in Gillette. (FY88)

Total Funding

$904,473

In addition to the above projects that deal with developmentally disabled adults, CDBG funds have been used to fund several preschool centers that offer screening and therapy for developmentally disabled infants and toddlers. Perhaps an argument could be made that the services these centers provide may keep some parents from institutionalizing their children.

Governor Mike Sullivan page 2

-- -,)

The following represents the preschool centers that have received funding.

Afton - The Star Valley Development Center received $100,000 for acquisition of a building~ (FY87)

Albany County - The Albany County Developmental Preschool Day Center in Laramie received $160,000. Funding is to be used for correction of serious and life threatening building code violations. (FY88)

Lander - The Lander Child Development group received a $122,175 grant for construction of a larger building. (FY86)

Newcastle - The Weston County Children's Center received a grant of $120,500 for construction of a I)ew building. (FY86)

Total funding

$502,675

V cc Dennis Col!

)

Dennis M. Coll
Senior Assistant Attorney General Office of the Attorney General State of Wyoming Barrett Bldg, 4th Floor Cheyenne, Wyoming 82002 (307) 777-6886

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

AFFIDAVIT OF ROSE KOR

STATE OF WYOMING ) ) ss.
COUNTY OF LARAMIE )

Rose M. Kor being of the age of at least twenty-one and first duly sworn upon oath depose and states as follows:
1. The affiant is a holder of a Bachelor of Arts from South Dakota State University, and a Masters in Public
- 1-

Administration from the University of Wyoming. Affiant is

serving as the Human Services Planner for the Governor's

Planning Council on Developmental Disabilities in Cheyenne,

Wyoming. She is responsible for conducting research for

projects concerning individuals with developmental

disabilities, adapted by the Council, and producing reports

from that research. Prior to serving on the Developmental

Disabilities Council, the affiant was special education

consultant for the Department of Education in the State of

Wyoming.

2. This affidavit is based upon the client's research,

education, knowledge and skills in the area of developmental

disabilities.

3.

The federal definition says a developmental

disabilities is a functional definition. This is quite

different from other definitions in other laws which affect

individuals with disabilities. Compare for instance the

Education of All Handicapped Children Act of 1975 (P. L. 94-

142) which contains categorical definitions. (See 34 CPR

300.5 and Sections 46 through 53 of the Wyoming Board of

Education Rules and Regulations Governing Services to

Children and Handicapping Conditions in wyoming.) These

regulations require that a child be determined to fit a

- 2-

category or type of educationally handicapping condition

before services are available to them. The definition of

developmental disabilities found in P.L. 100-146 determines

the eligibility for services depending on the ability of the

person to function in life-skills areas not upon a

"diagnosis" of category of handicapping condition. As a-

result the concept which includes a wide variety of

particular disabili ties.-

A group of people with

developmental disabilities can easily include people with any

of the following categor ical labels: mental retardation,

cerebral palsy, epilepsy, spina bifida, congenital limb

defects, vision or hearing loss, mental illness, severe

learning disabilities, and health impairments such as cystic

fibrosis, asthma, cancer and others when any three life-

skills areas are impaired by the disability.

4. Because the federal definition of developmental

disabilities is a functional definition it is also important

to note that not everyone who might qualify as having a

handicapping condition through categorical definition would

necessarily be developmentally disabled. For instance, many

children who are identified categorically as speech/language

impaired under EHA would not qualify as developmentally

disabled.

While their speech problem impedes their

- 3-

educational progress it may not necessarily affect their

life-skills to a sufficient degree to be included within the

definition of developmentally disabled.

5. The U.S. Congress, in the findings which preface

P.L. 100-146, found that there are more than two million

people with developmental disabilities in the United States.

6. On pages 8 through 10 of the Council's Two-Year

Transitional Plan the Council discusses the number of

individuals in Wyoming who may be considered developmentally

disabled. It is estimated that 19 percent of those children

currently counted by the State Department of Education on its

EHA December 1 count would fall wi thin the def ini t ion of

developmentally disabled.

This estimate was made by

calculating number of students which could be expected to

live in Wyoming when national incident rates are used

(Wyoming population x national incident rate for

developmental disabilities) and comparing it to the total of

those categorical EHA handicapping condition which most

likely contain individuals who would be considered

developmental disabled (mentally retarded, blind, deaf,

portions of 'the orthopedically impaired, other health

- 4-

impaired and seriously emotionally disturbed categories). The estimates were similar.
Further affiant sayeth not.

STATE OF WYOMING COUNTY OF LARAMIE

)
) ss.
)

Subscribed and sworn to beforeA:.: notary public, by Rose M. Kor, on the ~~ay of ~ , 1990.

f l Witness my hand and OffiCi(d:

~

NftfrffPUb~

~. M;;-;:::;::;'sion expires;.

/9/ /19 /

- 5-

Dennis M. Coll Senior Assistant Attorney General State of Wyoming Barrett Building 4th Floor Cheyenne, WY 82002 (307) 777-6892

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

AFFIDAVIT OF K. GARY SHERMAN

STATE OF WYOMING )
) ss. COUNTY OF LARAMIE )

K. Gary Sherman being of lawful age, first duly sworn upon oath deposes and states as follows:

1. Affiant is a holder of a Bachelor's Degree in Psychology from the University of Missouri, a Masters Degree
- 1-

in Guidance and Counseling from South-West Missouri State
University, and is presently completing his .Doctorate in
Education from the University of Wyoming. 2. Affiant is Executive Secretary of the Bureau of
Char i ties and Reform of the State of Wyoming. That one of his duties is Chief Administrator of the Wyoming State
Training School, located in Lander, Wyoming.
3. Affiant has reviewed his records of the past years of the Wyoming State Training School, and calculated that the average population at the Training School to be as follows:

1970 1975 1980 1985 1990

702 individuals 525 individuals 480 individuals 410 individuals 329 individuals

4. presently there are 386 individuals on the roles of the Wyoming State Training School with 327 residing in Lander. Fifty-nine individuals are on rehabilitation leave which includes 33 in senior citizens facilities and 26 in other community programs.

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~,.-'

5. Of the 386 residents at the Wyoming state Training

School, 57 are of 21 years of age or less. Additionally, 83

have legal guardians, while others have guardian-ad-li terns

appointed and are in various stages of the legal guardianship

process.

6. The 1991/1992 bienium budget proposed by the Wyoming

State Legislature approved 20 residents per year be removed

from the Wyoming State Training School and placed in the

Division of Community Programs. At the present time, there

are 77 residents, recommended by the Wyoming State Training

School to be placed in community programs, however, parents

and guardians have approved of only approximately 23 of such

placements.

7. The 1981/1982 bienium budget indicates the cost per

resident at the Wyoming State Training School at that time

was $24,670.00 per year. The employee/client ratio was 1.19

emp'loyees for every resident. The proposed and adopted

1991/1992 bienium budget shows an employee/client ratio of

1.94 employees per individual resident, with an annual

. individual cost of $45,285.00.

These costs include

administration, supportive services, health services,

rehabilitation services, salaries, maintainence and upkeep.

- 3-

-'"i

8. Attached hereto as Exhibit "A" is the State of Wyoming Four Year Plan.

Further affiant sayeth not.
K.G~

STATE OF WYOMING COUNTY OF LARAMIE

)
) ss.
)

/7 Subscribed and sworn to before ~: notary public, by K.

Gary Sherman, on the

:>'<-day of .AiL, 1990.

Witness my hand and official se

~

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"-';~
• ~16 '90 17:47 VA...LEY t . ..NTING

•

WYOHDIG S~M!: '.rllADnltG SCSOOL

:ron DAR PLU

JULy 1, 1990 ~UGK JUHB 30, 1994

... _-
P.::!

The state of Wyominq is faced at this point in time with a number of demands and challenqes reqardinq services for developmentally disabled persons. The Wyominq State Traininq School is an important part of the statewide service delivery system. In order to be able to respond to these demands as an opportunity for desirable development and chanqe, rather than simply as a' series of temporary responses to crises, it is important to have a lonqterm vision of the key elements of that development. Our task is to ask and beqin to answer several lIIajor questions. What is the future role of WSTS in the statewide system? What are our qoals and priorities for WSTS services? What will the WSTS campus look like within the next four yea..-s? How do we qet from here to there?

I. What will be the role of WSTS in the statewide system?

A. Utilize its strengths.

•

1. Excellent medical service and capabilities• :iI. An increasinq ability to concentrate resources to
work successfully with persons with special and

~tensive challenqes:

a. Medical

b. Physical

c. Behavioral

3. Significant existinq investJllent in facilities, many of which are perfectly appropriate for use, and which may not be as readily available or accessible elsewhere:

a. OVer two dozen smaller residential settings, either currently available or potentially available with some remodelinq.

b. Acute and lonq term medical facilities.

c. Ancillary facilities adapted for use by persons

with physical diSabilities, includinq the

swimminq pool, chapel, library, qymnasium, new

•

cafeteria and kitchen, and others • d. staff traininq facilities and equipment,
includinq a new teleconferencing capability in

_, 16 ' $ 17: 48 VAl'-./ ( "'iI,NTING

P.'"

•

conjunction with CAFe and the University of

Wyoming.

e. Administrative and support facilities and equipment.

f. A large corps of increasingly well-trained staff who are familiar with the needs of the individuals at WSTS.

B. Promote and assist in the further development of a wide range of services throughout the state.

1. ' Coordinate closely with DCP, Departlnent of Education, Vocational Rehabilitation, private providers, medical providers.

2. Where WSTS sta.tf have special skills, provide outreach training and assist in further development
of a statewide training network.

3. continue to assist in placement planning for

individuals at WSTS.

•

4. Provide limited levels and types o.t temporary and respite services for persons living in WyOllling cOlIIlIIImities, with an emphasis on short-term services

aM outreach to help those CQllllllunities develop their

own capabilities based on the needs o.t speci.tic

individuals living in those areas.

5. Take a leadership role in reviewing the comprehensiveness of statewide services available for individuals with severe and profound levels of
disability, including review of the types and mix of services and ways in which WSTS can be more helptul in promoting or developing needed services.

C. Become not only a residential training facility~ but a resource center for the rest of the state, as has been accomplished in other areas of the country.

II. What are goals and priorities for WSTS?

A. Achieve for every individual served by WSTS a quality of

life, training and care which meets the nationally-

reqarded standards adopted by the Board of Charities and

Reform. This goal must be accomplished regardless of

•

level of disability, fund source eligibility, or type of program or living setting•

2

A'I 16 :~ IT:49 VHl..,-,l ~INjING

P.;:.

."

•

D. p=io=i~ize immeciate service improvement for those

persons who curren~lY live in the most inappr.opriate

settings and rece~ve the most inadequate programs.

Address the needs in areas such as Lane, Willson and

Rothwell immediately.

C. Prioritize the development of habilitative and vocational day programs for the more than 220 persons who currently have no productive or beneficial activity all day long.

D. prioritize development of smaller, more family-like residential settings both on and off campus, with a goal of providing a range of settin~s which can be used by 18 people. Eliminate completely the use 0<[ large,
dormitory-like residences.

E. Prioritize development 0<[ integrated educational services for children, working in conjunction with school districts in Lander, Riverton, and elsewhere in the state. Adopt creative approaches to :funding, staftsharing, school schedules, and supportive residential and
ancillary services.

•

F• Develop service options which promote integration and
experiences in community settings, which encourage close
contact and participation by families, and which utilize

the strenqthS and resources 0<[ WSTS as a major

participant in the life of Fremont County communities.

G. Achieve these goals and priorities in as expeditious and cost-effective a manner as possible.

III. What will the WSTS campus look like?

A. Every individual will receive an appropriate day program
which meets their education, habilitative, and vocational needs.

1. All 60 children at WSTS will continue to receive educational services through Emerson School, and
ongoinq efforts to integrate services with local
school districts. A new proqram which integrates preschool ch.ildnn at WSTS with the Ch:ild Development Services proqram in Lander will be
continued.

2. Eighty-eight individuals will be engaged in

habilitative day programs in conjunction with J:CF/MR

•

certification •
3. Approximately 50-80 individuals will be engaged in full or part time on-campus work traininq

3

------"PF. 6 - - - - - "'" 16 '90 17:49~r--""<t"'N"T"'ING~---------~"/-

•
• •

opportunities throuqh the establishlllent of intensive traininq sites at WSTS. The current use of client workers at high skill levels to perform necessary support functions at WSTS will be gradually replaced by the development of a job-coaching program designed to provide on-campus voeational training and employment opportunities of individuals who would not be able to move into community-based vocational sites as readily.
4. community vocational or independent livinq.skills traininq sites for 125 individuals will be developed throuqh oontracts with private servioe providers and WSTS. These sites will be located in the Lander/Riverton area, and will provide an exoellent transitional step for persons who may later move completely into community settings locally or elsewhere in the state. They will also offer a siqnificant level of imDediate community integration and participation for persons who will continue to reside at WSTS.
B. Ev__~ individual livinq at WSTS will reside in a familystyle settinq with no more than eight persons in a sinqle unit.
l. Based on a review of all current or potentiallyavailable on-campus settings which meet this criteria, it is estimated that a total of 200-220 individuals could.be appropriately accommodated on oampus. This would require siqnificant modification of s~ buildinqs, less intensive Life Safety Code improvements at others, and no additional modification at some units (such as the recently certified ICF/MR unit). Examples of settinqs identified include areas such as spruce, 502 and 504 Center, the Meadow View homes, and the Health Care Center.
2. bistinq larqe dormitory-style residences should not be remodeled for residential use, but instead should be renovated at less cost for day program, reoreational, support, and staff uses.
3. Al.l areas which are utilized by individuals served at WSTS should meet basic Life Safety Code requirements, reqardless of ICF/MR certification status.
4. Additional residential oapacity, if needed, should be developed throuqh exploration of oommunity-based state or private residential options in the

... . / ~ '90 17:50 vR.....--r- ..".,.,I"'N.t..I..t. ".iG----------~ ')

P. (

~. .

.

.

•

surrounding Lander/Riverton area. This should

include review of a wide range of settings and

service mixes.

5. Well-planned and executed movement into communitybased settings in other areas of the state should be anticipated for at least 80 individuals. This is in accoraance with current projections. In addition, a c~ordinated review of acl.mission and respite policies shoula be undertaken to establish well-understood guidelines ·for any individuals seeking acl.mission to WSTS during this period.
rv. How wiJ,l we get there?

A. Immediate iMplications:

1. Ccntinue planning and development of Life Safety Code improvement at Meadew View homes.

2. Refocus resou=es included in current capital budget

request for rescdeling of Lane and Smith cottages

•

to other, potentially more family-like units • 3·. Cont.inue 0Ul:' currant request for 61 adaitional staff·
positions for ICF/MR certification ,of an additional

56 beds. Begin hiring these stdf as soon as

possible, ana utilize them in high-need areas such

as Lane during their initial traininc; period while

physical facilities are being remodeled.

4. Request. new tunding of $2,340,450 for the upcoming
Biennium for the implementation of the contracted day proqram for 125 individuals.

!S. Identify number and type of staff positiOns Which could be shifted t.o improve weekend or evening coverage in residential areas, and coverage for the development of intensive on-campus work training sites, as a resul.t. of the iMplementation of the contracted day program.

6. Based on the result. of the steps taken above, review need for future shifts or budget. requests to accommodate further Life Safety Code requirements on campus, further staffing needs, and resources needed for development of additional services situated in the community •
•

5

 \
Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001
Dennis M. Coli Senior Assistant Attorney General Tort Litigation Division State of Wyoming Barrett Building, 4th Floor Cheyenne, Wyoming 82002 (307) 777-6892

27 4 0- l,~"J~''I-'' 1"-\1''n1\

0:"'j"I:~'

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et al.

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

et al.

)

)

Defendants.

)

CIVIL ACTION NO, C90-0004

STIPULATION

f/r

· .
IN GENERAL
Plaintiffs, by and through undersigned counsel, and Defendants, by and through undersigned counsel, hereby agree to the entry of this Stipulation in order to establish an agreed-upon framework which might expeditiously and inexpensively as possible lead to settlement of this litigation. Accordingly, the parties agree to engage in good faith negotiations to resolve this dispute. Good faith means that this Stipulation is not an attempt by either party to purposefully delay the litigation process. In the event that parties are unable to resolve the dispute, the parties are not prohibited from pursuing active litigation.
BACKGROUND
Suit was filed on January 3, 1990 on behalf of Plaintiffs as a class action complaint to secure relief from alleged unlawful treatment, or risk of unlawful treatment, at the Wyoming State Training School (hereinafter the "WSTS"). Defendants have responded to this litigation by filing a Motion to Dismiss and Motion for More Definite Statement.
Plaintiffs have filed a class action complaint. A ruling on certifying the class has not been entered yet by the Court.
Plaintiffs and Defendants nevertheless have undertaken this Stipulation to address and resolve the alleged disputes, not just to the specific circumstances of the named Plaintiffs, but also to the class as a whole.
2

The named Plaintiffs have retained the Protection and Advocacy System, Inc., an independent Wyoming private non-profit corporation to provide representation for their rights and interests.· Protection and Advocacy is providing representation to the Plaintiffs and proposed class through its General Counsel and private counsel retained by P&A. The named Defendants are represented by the Attorney General's office of the State of Wyoming.
Although a panel of experts is created 10 this Stipulation, final authority rests with the above-named entities.
PROVISIONS OF STIPULATION
The focus of the negotiation efforts of Plaintiffs and Defendants during this Stipulation consists of addressing and resolving the following components of the overall issue of care and habilitation for the identified class which is all individuals with mental retardation currently at WSTS, or who are currently or may in the future be at risk of placement at WSTS, including youths from birth to 21 years, adults and senior citizens:
1.) Conditions at the Wyoming State Training School; 2.) Education needs, including pre-school; 3.) Community services and programs; and 4.) Financing. The range of options are probably many and varied, as further expounded by the WSTS 4-year plan and Plaintiffs' alternative response to the WSTS 4-year plan. However, Plaintiffs and Defendants intend
3

· ,_. '-'::"'~'~.-"--"-.-.~

"

. . .. ~,- --.-'~--

discussions and negotiations need not be limited to these plans.

Negotiations are intended to be a free-exchange of ideas and offers.

A central committee is established by Plaintiffs and Defendants to

provide expert advice and recommendations to the· Parties. This

committee, in addition to counsel, consists of seven members, comprised in

the following manner:

Functional Area

Plaintiffs

Defendants

WSTS

Sheila Sandubrae-Davis

Robert Clabby

Education

Tim Beppler

Lynn Simons

Community Services

Scott Bergey

Steve Zimmerman

The seventh member consists of an agreed-upon representative of

one of the community services providers of the State of Wyoming. This

committee shall meet semi-monthly.

The formation of this central committee does not prevent either the

Plaintiffs or Defendants from conferring with or consulting other experts

for advice or information, or the formation of sub-committees.

The concerted efforts of the central committee are to reach plans of

resolution for the following issues and by the following dates:

1.) Immediate Harm Issues - Plaintiffs' identify known immediate

harm issues by April 23, 1990.

2.) A plan to attack immediate harm issues - May 8, 1990.

3.) Plaintiffs submit plan for de-institutionalization May 15, 1990.

4.) A plan concerning de-institutionalization - June I, 1990.

4

..
•
5.) Plaintiffs submit plan concerning community services and programs - June IS, 1990.
6.) A plan concerning community services and programs - July 1, 1990.
7.) Plaintiffs submit a plan concerning education - July 15, 1990. 8.) A plan concerning education - August 1, 1990. 9.) Funding - ongoing. Plaintiffs and Defendants recognize that these above-defined planning areas will likely overlap, but the timetable is intended to provide focus. During this negotiation phase, Plaintiffs and Defendants agree to stay the pursuit of the filing of documents, requests for hearings and other litigation matters, subject to the approval and direction of the District Court. Accordingly, Plaintiffs and Defendants respectfully ask the Court to stay any relevant hearings or orders during this time. Although the parties agree to use their best efforts to resolve differences on an informal basis, if either party believes that the other party is failing adequately to carry out the provisions of this Stipulation, that party may give written notice of such alleged non-compliance to the other party. The parties will make every attempt to resolve the Issues through informal discussion. However, should either party believe that the alleged default is not cured, or that a good faith effort is not being pursued in these discussions, then that party may resume active litigation.
5

': .
Should either party terminate its participation in negotiations contemplated by this Stipulation, the resolution of specific components shall remain valid and unaffected by the termination of this Stipulation. For example, if the parties fail to agree on a plan concerning education but have reached agreement on the first three areas, the agreed upon plans shall remain in full force and effect.
No effort to negotiate this litigation shall be construed to limit or waive the rights, claims or defenses available to either party.
The parties also agree that any negotiated settlement shall be subject to the approval of the Court, by Order.
DATED this &.tf day of --,-A.,-,,~,..,....r.!...:\-'--____, 1990.

Michael H. Reese

l)l#'1.,lt~~0~

Michael R..O'Donnell

/

for PI . II fs

{f/

/
;

;1/I-

t;·C/I!/(/t?;/C/

Dennis Coll for Defendants

6

 Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001
Dennis M. ColI Senior Assistant Attorney General Tort Litigation Division State of Wyoming Barrett Building, Fourth Floor Cheyenne, Wyoming 82002

27 ,lq...G.,lfVi I~'. PR PH 4: 08

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her guardian Barbra Weston, et al.,
Plaintiffs,
v.
WYOMING STATE TRAINING SCHOOL, et al.,
Defendants.

) ) ) ) ) )
) CIVIL ACTION NO. C90-0004
) ) ) ) )

STIPULATION ON CLASS ACTION CERTIFICATION
IT IS HEREBY STIPULATED AND AGREED between the Parties to the above-captioned matter that said matter shall be maintained as a class action pursuant to the Federal Rules of Civil Procedure, Rule 23(c)(l), subject to the approval of the Court. The members of the class shall consist of the following:

, •

.. All individuals with mental retardation currently at the

Wyoming State Training School, or who are currently or who may in

the future be at risk of placement at the Wyoming State Training

School, including youths from birth to 21 years, adults and senior

II
citizens.

. #-

~day DATED this

of April, 1990.

--,

anny S. WJ.lde
A"(1:~l'!2< ~

Dennis M. Coll Attorney for Defendants

-2-

 ..-.\;; ," "

IN THE UNITED STATES DIS'l'RICT COURT· FOR THE DISTRICT OF WYOIUNG

ANNA MARIA WESTON, by her guardian Barbra Weston, et al.,
Plaintiffs,
v.
WYOMING STATE TRAINING SCHOOL, et al.,
Defendants.

) ) ) ) ) )
) CIVIL ACTION NO. C90-0004
) ) ) ) )

-----------------------------------------------------------------
ORDER OF CLASS ACTION CERTIFICATION

THE ABOVE-CAPTIONED MATTER having come before the Court on Plaintiffs' Motion For Class Certification of March 16, 1990 and the parties herein having agreed to the maintenance of this matter as a class action by joint stipulation of the parties of April 24, 1990, and the Court having reviewed the file and being otherwise fully advised in the premises;
IT IS HEREBY ORDERED that the Plaintiffs' Motion For Class Certification filed March 16, 1990 is GRANTED, pursuant to Federal Rules of Civil Procedure Rule 23(c)(1).
IT IS HEREBY FURTHER ORDERED that the members of the class are il all individuals with mental retardation currently at the Wyoming
State Training School, or who are currently or who may in the

1 .• '.

.' ,------_. .~- ~.-~~- -"

-.- .-"

future be at risk of placement at the wyoming State Training

School, including youths from birth to 21 years, adults and senior

.1~; ~ citizens. ~ DATED this

ayof April, 1990.

Approved as to form:

UNITED STATES

ilde for Plaintiffs
. ~/I/; Ib 6«...
Dennis M. Coll Attorney for Defendants

-2-

 Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001 (307) 632-3496

Dennis M. Coli Senior Assistant Attorney General Tort Litigation Division State of Wyoming Barrett Building, 4th Floor Cheyenne, Wyoming 82002 (307) 777-6892

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbara Weston, et a1., )

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et a1.,

)

)

Defendants,

)

CIVIL ACTION NO. C90-0004

STIPULATION ON IMMEDIATE NEEDS ISSUES

I

IN GENERAL Plaintiffs. by and through its Committee and Defendants. by and through its Committee. acting in concert as the Central Committee as provided for in the Stipulation approved by Order of this Court dated April 24. 1990; and counsel for the respective parties hereby approve this Stipulation. agree to the entry of this Stipulation regarding Immediate Needs into the Court record for approval of the Court. This Stipulation is to establish the agreed upon framework to address and implement resolutions of those conditions which are considered to be of such risk at the Wyoming State Training School that they require immediate relief. Accordingly. the parties have agreed to this Stipulation to address those risks and reduce or eliminate the immediate dangers to the clients at Wyoming State Training School.
BACKGROUND The parties entered into a Stipulation Agreement dated April 24. 1990. to address and resolve the various issues in this action. Among the identified issues in that Stipulation was the issue of immediate needs and services to the clients of Wyoming State Training School. The above-referenced Stipulation Agreement required that the Plaintiffs submit a plan to eliminate immediate needs issues to which the Defendants were to respond. On June 15. 1990. the Central Committee met at Wyoming State Training School in Lander. Wyoming to address immediate needs issues. The results
2

of that meeting was this Stipulation that addresses and attempts to resolve those issues that have been identified as immediate needs
conditions. The undersigned Central Committee, together with the
attorneys for all parties, have agreed to a resolution of the
Immediate Needs Issues proposed by the Plaintiffs and answered
and responded to by the Defendants. The Central Committee and the parties hereby stipulate and
agree, subject to an order of the Court, as follows:
1. An Immediate Needs Assessment Team shall be established to develop plans and recommendations to address individual needs which shall be integrated into Individual Habilitation Plans (IHP's).
2. Three areas of concern are as follows:
a. Lack of physical therapy, appropriate positioning and related equipment.
b. Lack of individualized eating assistance
strategies for persons whose oral/motor function is limited or compromised.
c. Lack of behavioral supports including staff training, behaviorists, behavior management plans, and environments conducive to building positive behaviors.
3. The Immediate Needs Assessment Team (lNAT) shall use IHP's and IEP's, if appropriate, as sources of information for the screening process hereinafter discussed. The INAT shall have full access to all
3

!
staff and documentation and make personal observations without limitations within WSTS.
4. The INAT will develop a screening procedure to identify people with immediate needs.
5. The INAT shall screen the individual residents of WSTS to identify immediate needs and prioritize those needs on an individual basis.
6. The INAT shall submit plans and recommendations so that people with the greatest immediate needs are identified and served first.
7. The INAT shall prepare individual written immediate needs plans including specific staff development needs.
8. The following shall be INATs time table:
June 30, 1990 - INAT identified and confirmed. July IS, 1990 - A screening process is developed. September IS, 1990 - All immediate needs plans
shall be completed; and shall further be completely implemented within 30 days thereafter, except for reasons beyond the control of WSTS.
9. The INAT team shall be composed of five members and shall consist of:
a. A medical and psychiatric team headed by C. Thomas Gualtieri, M.D.
b. The Quality Assurance and Ce~tification Directors of WSTS, Sherry Binckley and Grant Lloyd.
4

c. Two Consultant Ph.D. Behavioralists, Ken Keith, Ph.D. and Charles Whisenhunt, Ph.D.
d. A Consultant Speech Pathologist/Occupational Therapist, Helen English, O.T..
e. A Consultant Physical Therapist, Susanne McAllister P.T..
10. Should the parties involved be unable by July 6, 1990 to agree to the makeup of the INAT, the parties shall submit their respective choices to the Court. The Court shall then select the members of the INAT.
11 . Protection & Advocacy System, Inc. shall provide the primary monitoring of the implementation of the INAT's plans and recommendations. The Central Committee shall later determine any additional follow-up necessary for this activity.
12. The State of Wyoming shall pay all costs associated with INAT.
IT IS HEREBY STIPULATED.
5

+ , I..3.fA TIllS STIPULATION IS DATED this

day of

1990.

Central 'Committee

i

~1

Tim Beppler

Sheila Sandubrae-Davis

ATTORNEYS:

~ () /

"~..,• .r#

Danny . Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs

Scott Bergey

6

, ,

L THIS STIPULATION IS DATED this

'.Jilt
day

Of- ~.

1990.

Central Committee

A~NEYS:

.

~,,/~ dI. act.

Dennis M. Coil Attorney for Defendants

- y yt;;efi;:?y~
Robert Clabby
A~~~'/'~.~~~.-~""~\',,-
Steve Zimmerman

7

 ,--'--

()

! ':

,-'

Dennis M. ColI Senior Assistant Attorney General
State of Wyoming 4th Floor, Barrett Building Cheyenne, WY 82002 (307) 777-6892

Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection and Advocacy System, 2424 Pioneer Avenue, Suite 101 Cheyenne, WY 82001

Inc.

. "
" .r
·"1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

MODIFICATION OF STIPULATION The parties, on April 24, 1990, entered into a stipulation to establish an agreed upon framework which would as expiditiously and inexpensively as possible lead to settlement of the pending litigation. Certain modifications have been agreed upon by the various parties and the Central Committee established by and

- 1-

_4~'

between the Plaintiffs and Defendants pursuant to that stipulation.
In regards to the Central Committee, the Defendants have substituted the name of Dr. Audrey Cotherman for that of Lynn Simons under the functional area of Education. The parties have also agreed that there was no need for a seventh membe'r on this Committee, at this time.
The Central Committee has agreed to meet at least monthly and have done so during the months of May and June and have scheduled meetings in both July and August.
The Central Committee has also agreed that Jeannie Kawcak and/or Joan Alexander of Protection and Advocacy may attend Central Committee meetings, and the State is free to invite Sherri Lovercheck to attend those negotiation sessions.
The Plans for Resolution have been somewhat modified by and between the parties previously, but the time table agreed upon on page 4 and 5 is to be adhered to from this day forward.
All the terms, conditions and agreements previously entered into the stipulation on April 24, 1990, are
- 2-

incorporated in this Modification of Stipulation, the same as if fully set forth herein.

Dated this

/~

I

t
day

of July,

1990.

RO'PC:'; ';Z'"a CL

Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Dennis M. Call, hereby certify that I served a true and correct copy of the foregoing MODIFICATION OF STIPULATION by depositing the same in the United States Mail, postage
prepaid, this / J/I,day of July, 1990, addressed as follows:
Danny S. Wilde Protection and Advocacy System, Inc. 2424 Pioneer Avenue, #101 Cheyenne, WY 82001
- 3-

~)
Michael H. Reese Wiederspahn, Lummis & Liepas 202 Carey Avenue, Suite 704 Cheyenne, WY 82001 Michael R. O'Donnell P.O. Box 1025 Cheyenne, WY 82003-1025
Dennis M. Coll Senior Assistant Attorney General
- 4-

 IN TIm UNITED STATES DIS1Rlcr COURT

,. ,,:

FOR TIm DISTRIcr OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbra Weston, et ai., )

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE 1RAINING

)

SCHOOL, et a1.,

)

)

Defendants,

)

CIVIL ACTION NO. C90-0004

NOTICE OF PENDENCY OF CLASS ACTION
............................ -............. _........ _............... - ...... -_ .................................... ..
To: All individuals with mental retardation currently at the Wyoming State Training School, or who are currently or may in the future be at risk of placement at the Wyoming State Training School, including youths from birth to 21 years, ad ults and senior citizens.
Your rights may be affected by a lawsuit pending in this Court, Civil Action No. 90-0004

I~I

Notice is hereby given that Plaintiffs have filed a lawsuit which is being litigated in this Court on behalf of all members of the class described above. Issues concerning the constitutional and statutory rights of these class members together with the type and quality of care and treatment received by members of the class will be decided in this lawsuit.
The Court has not ruled on the merits of the claims of Plaintiffs or on the denials or defenses made by the Defendants. This Notice has the purpose of advising you of these events and the potential effect on your rights.
On April 30, 1990, the United States District Court for the District of Wyoming directed and certified that this case proceed as a class action under the provisions of Rule 23 of the Federal Rules of Civil Procedure. The Court has determined that the members of the Class are adequately represented by the attorneys for the named Plaintiffs.
The fact that this lawsuit is a class action means that all of the class members will be entitled to the benefits of any relief obtained and also will be bound by the results of the lawsuit. You may, if you desire, enter an appearance, through counsel of your own choosing,
in writing, by filing a Motion to Intervene on or before the ~,y of -<4"J&luy. 1990. If you do not enter an appearance through

·. .
counsel of your own choosing, the named Plaintiffs' attorneys will represent your interests in this case. Named Plaintiffs' Attorneys:
Danny S. Wilde, General Counsel, Protection & Advocacy System, Inc., 2424 Pioneer Ave., Suite 101, Cheyenne, WY 82001.
Michael R. O'Donnell, Michael R. O'Donnell, P.C., P.O. Box 1025, Cheyenne, WY 82003
Michael H. Reese, Wiederspahn, Lummis & Liepas, P.C., 2020 Carey Ave., Suite 704, Cheyenne, WY 82001
, 1990.
UNITED STA DISTRICT JUDGE

 Dennis M. Coll Senior Assistant Attorney General State of Wyoming Barrett Building 4th Floor Cheyenne, WY 82002 (307) 777-6892
Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection and Advocacy system, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, WY 82001

'"';'i ,j;l.- 02

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTERN, by her )

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs, )

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants. )

CIVIL ACTION NO. C90-0004

ORDER
upon the Modification for Stipulation, the Court finds

the same to be reasonable and hereby approves the same. IT IS THEREFORE ORDERED, AJUDGED AND DECREED that the

Stipulation dated April 24, 1990, and approved by this Court,

be modified as set forth in the Modification of Stipulation.

Dated this

UN:rJiID STATES DiSTRICT JUDGE

/..j7

 ·--', .--"

INTIffiUNITEDSTATESDISTRICfCOURT

.,

FOR TIffi DISTRICf OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbra Weston, et ai., )

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et aI.,

)

)

Defendants,

)

CIVIL ACTION NO. C90-OO04

ORDER ADOPTING STIPULATION ON IMMEDIATE NEEDS ISSIJES
This matter having come before the Court upon the Stipulation On Immediate Needs Issues filed herein by the parties, the Court having reviewed the Stipulation and being cognizant of the requirements of Rule 23(e), F.R.C.P., finds as follows:
I. That this stipulation is an appropriate compromise of part of the issues in this complex litigation;
2. That the Stipulation on Immediate Needs Issues should be adopted by Order of the Court; and,
3. That the attached Notice to Class Members of Partial Compromise should be given to all members of the class by

. ·f 148 1.1 ---.

publication in newspapers in the cities of Lander, Casper and

Cheyenne.

IT IS THEREFORE HEREBY ORDERED that the Stipulation on

Immediate Needs Issues filed herein by the parties is adopted by the

Court as a resolution and compromise of part of the issues in this

action and is incorporated within this Order as if fully set forth

herein.

IT IS FURTHER HEREBY ORDERED that the attached Notice Of

Partial Compromise shall be given to all members of. the class by

publication in newspapers in the· cities of Lander, Casper and

Cheyenne. The State of Wyoming shall bear all expenses involved in

this publication.

~ n;

DATED this 2.4 ay of -:"'8.0.:1¥-__" 1990.

~17/j\. )~
Alan B. Johnson : / United States District Court Judge

 --- -'.'

Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys fQr Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001

0 I ,F,', ,.._... ('>
... ~:J ltL -0 :"',"'1 4'.·

, " ' \I

,i

',,·,·1

IN THE UNITED STATES DISTRlCI' COURT FOR THE DISTRlCI' OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et al.

)

)

Plaintiffs,

)

)

v.

)

)

WYOMINGSTATE~GSCHOOL, )

et aI.

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

MOTION FOR DEFENDANTS TO PROVIDE IMMEDIATE ACCESS TO PROTECTION AND ADVOCACY SYS1EM, INC. TO ALL RECORDS OF CLASS MEMBERS AT
WE WYOMING STATE TRAINING SCHOOL
COMES NOW, the Plaintiff class above noted, by and through their
attorneys respectfully move the Court to grant Protection and Advocacy
System, Inc. (P&A) the authority to have access to all records of class

members at the Wyoming State Training School, and in support of said motion states as follows:
1. A complaint was filed in this matter on January 3, 1990 as a class action complaint alleging various statutory and constitutional violations relating to the rights of individuals at the Wyoming State Training School ("WSTS") and for an indeterminate number of individuals with retardations at risk of being placed at WSTS.
2. Plaintiffs moved the Court to certify this action as a class action pursuant to Fed. R. Civil P. 23(a), (b)(1) and (b)(2) on March 16, 1990.
3. On April 30, 1990, the Court directed and certified that this case may proceed as a class action under the provisions of Rule 23 of the Federal Rules of Civil Procedure and that members of the class are adequately represented by the attorneys for the named Plaintiffs.
4. . On July 13, 1990, the parties entered into a Stipulation on Immediate Needs Issues to address and implement resolutions of those conditions at WSTS which are considered to be of such risk that they require immediate relief.
5. Pursuant to said Stipulation, Protection and Advocacy System, Inc. is obligated by its terms to provide the primary monitoring of implementation of the agreed upon Immediate Needs Assessment Team's ("INAT") plans and recommendations.
6. Protection and Advocacy System, Inc. is a Wyoming non-profit corporation established pursuant to the Protection and Advocacy for Mentally III Individuals of 1986, 42 U.S.C. § 10801 et seq. and the
2

~·'i
. .f
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. 6000 et seq. (the "Acts"), with authority to independently investigate reported or probable instances of abuse and neglect and to pursue administrative, legal and other appropriate remedies to insure protection for its clients.
7. This Motion is intended to ensure that P&A has access to all records of class members and that P&A is able to have rights of visitation with all class members at WSTS based on its own independent authority to have access and based on Plaintiffs attorneys' request to designate P&A and its staff and agents as an arm of the attorneys for Plaintiffs and the named class for access and communication to all class members at WSTS.
8. P&A has a protected First Amendment right to communicate and consult with the population it was created to serve. Robbjns v. Budke, 739 F. Supp 1479, 1485 (D.N.M. 1990). P&A's right to access to its clients is both constitutional and statutory.
9. Although the State has no objection to this Motion, it has voiced concerns about confidentiality. P&A is required to maintain confidentiality of such records to the same extent as is required of the provider of such services. 42 U.S.C. § 10806(a); 45 C.F.R. § 1386.21(b)(I).
10. Moreover, the agreements entered into by the parties to date, especially the INAT Stipulation, call for implementation and monitoring by P&A. Implementation and monitoring cannot be effective unless P&A has access to all records of class members at WSTS.
3

11. In order to ensure that class members obtain the care and treatment called for by INAT, it is imperative that Protection and Advocacy System, Inc., have access to class member records at the WSTS.
12. As counsel for the named Plaintiffs and class members, counsel desires that the Court grant access to all records tq P&A including· staff and experts and counsel, for the foregoing reasons.
13. In this matter, the Defendants, in essence the State of Wyoming, has expressed that it will not oppose this Motion.
WHEREFORE, the Plaintiffs pray that this Court enter an Order granting Protection and Advocacy System, Inc. access to records and communication to all class members at WSTS.
DATED this~ day of December, 1990.
Plaintiffs
By: Michael O'Donnell Michael Reese Danny Wilde Attorneys for Plaintiffs
4

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing MOTION FOR DEFENDANTS TO PROVIDE IMMEDIATE ACCESS TO PROTECTION AND ADVOCACY SYSTEM, INC. TO ALL RECORDS OF CLASS MEMBERS AT THE WYOMING STATE TRAINING SCHOOL was served on the Defendants by placing true and correct copies in the United States Mail, postage prepaid,
on the ~e day of he.cenhL... ,1990, addressed as follows:
Dennis M. ColI Senior Assistant Attorney General Tort Litigation Division State of Wyoming Barrett Building, 4th Floor Cheyenne, WY 82002
5

 "
"
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her guardian Barbra Weston, et al.,
Plaintiffs,
v.
WYOMING STATE TRAINING SCHOOL, et al.,
Defendants.

CIVIL ACTION NO. C90-0004

ORDER Upon the Stipulation for Attorney Fees and other Costs, the Court finds the same to be reasonable and hereby approves the same. Said stipulation provides that the Defendants shall pay $150,000.00 into the Federal District Court, which will then be disbursed to the Wyoming Protection & Advocacy System, Inc. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Stipulation on Attorney Fees and other Costs is hereby accepted. IT IS FURTHER ORDERED that the Clerk of District Court accept said sums and to remit same to an agent of Protection & Advocacy System Inc.
Ji./
DATED this 28/day of June, 1991.

UNITED STATES dISTRICT JUDGE

 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICf OF WYOMING

,"! :.J 1-,
, ',"j

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et al.

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

et al.

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

CONSENT DECREE AND ORDER
The Court, upon request of the parties for the approval and entry of a Consent Decree and Order, having reviewed the proposed Consent Decree and Order and the Stipulation Agreement, and being of the opinion that it is a fair and reasonable resolution of the issues in this action, hereby approves the proposed Consent Decree and Order and the Stipulation Agreement and directs entry thereof as follows:
Preliminary Statement I. This action was brought by the named Plaintiffs on their behalf and on behalf of all persons with mental retardation registered on the rolls

of the Wyoming State Training School (WSTS), or who are at risk of being placed at WSTS, or who are being denied services within the State of Wyoming.
2. This action was brought as a class action pursuant to 42 U.S.C. Sec.1983 relative to declaratory and injunctive relief on behalf of all class members. This Court has certified the class sought by the Plaintiffs by order of the Court dated April 30, 1990 and filed the same day: all individuals with mental retardation currently at the Wyoming State Training School or who are currently or may in the future be at risk of placement at the Wyoming State Traning School, including youths from birth to 21 years, adults and senior citizens.
3. The Stipulated Agreement of the parties and provisions of this Decree and Order are not to be construed to establish or modify any standard of civil or criminal liability of any official, employee, agent or representative of the Defendant State of Wyoming, or of the State itself. other than for the sole and limited purpose of this Decree and Order.
4. The Agreement of the parties and the terms of this Decree and Order were voluntary and mutually agreed upon by the Plaintiffs and the Defendants who are parties to this action. As a compromise settlement of the disputes between the parties, neither said Agreement nor this Decree and Order constitute admissions by the Defendants that any prevIOus or existing condition, policy, procedure, act or admission of the State of Wyoming, its officials, employees, agents or representatives was, or is. In any way improper, negligent, unconstitutional, or in violation of any rights
2

of Plaintiffs. Nothing in this Decree and Order shall be deemed to constitute Findings of Facts or Conclusions of Law with respect to the claims or defenses of the parties to this action. The Defendants, by entering into this Decree, do not thereby admit to any violations of law regarding the allegations of the Complaint.
5. This Decree is entered into In good faith, and the full performance thereof is intended by all parties. The State of Wyoming agrees that this Decree IS fully binding on the State of Wyoming and its officers, agents, successors and employees.
6. The parties hereto agree that, this Decree fully and completely resolves all issues raised in the Complaint by the named Plaintiffs and the class they represent.
The Stipulated Agreement 7. The parties to this action have submitted a proposed agreement to remedy any alleged failure by the State to constitutionally deliver individual program services and facilities to class members. The Court has accepted those recommendations, as submitted, and hereby incorporates that proposed Stipulation Agreement, attached hereto as Exhibit A, the same as if fully set forth herein. It is, therefore, ORDERED, ADJUDGED AND DECREED: 1. Notice of this settlement was filed and copies of said settlement were made available for review upon request to all class members at the administrative offices of WSTS in Lander, Wyoming or at the office of the
3

Clerk of U.S. District Court in Casper and Cheyenne, Wyoming. Affidavits of publication are on file and no comments were received.
2. The Stipulated Agreement is hereby incorporated In this Decree and may be modified by additional stipulation of the parties or future court orders.
3. Pursuant to Rule 23(c)(3) of the Federal Rules of Civil Procedure, the class to which this Decree applies is defined as follows: "all individuals with mental retardation currently at the Wyoming State Training School or who are currently or may in the future be at risk of placement at the Wyoming State Training School, including youths from birth to 21 years, adults and senior citizens". The captioned lawsuit was filed January 3, 1990.
4. Unless otherwise indicated, all of the terms and conditions, set forth In the Stipulated Agreement and ordered by this Decree shall be implemented pursuant to the time deadlines set forth in the Stipulated Agreement. This Decree shall continue In full force and effect unti I December 31, 1994, or unless otherwise shortened or extended by the terms and conditions of the Stipulated Agreement or other Court orders, and the Court shall have continuing jurisdiction over this case for such period of time.
5. The Compliance Advisory Board shall submit a final written report to the Court prior to entry of the dismissal of this action.
4

DATED THIS

;.!i- day of

.I, 7 ttvl ,1991.

(I

_

Cr.,"," I S , 11., .r ...
= DlSTRICf COURT JLiDGE

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

APPROVED:

ATTORNEYS FOR PLAINTIFFS

ATTORNEYS FOR DEFENDANTS

ct!~~
General Cc\unsel Wyoming Protection and
Advocacy System, Inc. 2424 Pioneer Avenue Cheyenne, Wyoming 82001

Joseph B. Meyer " Attorney General, State of Wyoming
Capitol Building Cheyenne, Wyoming 82002

Michael H. Reese Wiederspahn, Lummis & Liepas, PC 2020 Carey Avenue, Suite 700 Cheyenne, Wyoming 82001

Dennis M. Coli Senior Assistant Attorney General State of Wyoming Barrett Bldg, 4th Floor Cheyenne, Wyoming 82002

5

 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs,

)

)

v.

)

CIVIL ACTION NO. C90-0004

)

WYOMING STATE TRAINING SCHOOL,

)

et al.,

)

72

)

Defendants.

)

APPENDIX A

Appendix A: PROCEDURES FOR ADDING AND DELETING CLASS MEMBERS
Class Member by court order means all individuals with mental retardation currently at the Wyoming State Training School, or who are currently or in the future may be at risk of placement at the Wyoming State Training School, including youths from birth to 21 years, adults and senior citizens.
Mental retardation means signif icantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period as set forth in W.S. 25-5-102(a)(vii).
Persons with standing means the following individuals or entities: 1) individuals with mental retardation, 2) class members, 3) State of Wyoming, 4) Protection and Advocacy System, Inc., 5) parents of minors with mental retardation, and 6) legal guardians of individuals with mental retardation.
CRITERIA FOR CLASS MEMBERSHIP
A person is at risk of placement if, on July 9, 1990, the person
a. would have been eligible for admission to WSTS pursuant to W.S. 25-5-115 (a)(iii); and
- 1-

b. is mentally retarded, and not currently being served, as determined by the evaluation team.

PROCEDURES FOR ADDING CLASS MEMBERS

1.

Persons with standing seeking admission to the

class shall make written application to the State Department

of Health, accompanied by an authorization for the release of

all necessary information.

2.

The application shall describe in detail the lack

of services for the individual claiming eligibility, and what

supports and services the applicant is requesting.

3.

Within ten working days of receiving the

application and authorization for release of information, the

Department of Health, and the Department of Education for

children ages 3-21, shall make an initial determination if

the person qualifies as a class member.

4.

To determine the eligibility of an applicant, a

formal evaluation may be necessary. The department(s) shall

provide written notice, within the ten working-day period, to

the person requesting eligibility and to P & A of a decision

whether or not to conduct a formal evaluation.

Each

evaluation shall be conducted by individuals selected by the

requesting departments.

The evaluation teams will be

composed of impartial or neutral third-parties who make

recommendations on the basis of facts presented.

- 2-

The applicant or P & A has the right to an independent formal eval ua tion a t the Sta te of Wyoming's expense if the applicant or P & A disagree with an evaluation obtained by the departments. The departments may initiate a review by the CAB pursuant to the Consent Decree to sho\< that its evaluation is appropriate. If the final CAB decision after the review process is that the State's evaluation is appropriate, the applicant or P & A still has the right to an independent formal evaluation, but not at the State's expense.
If the applicant or P & A obtains an independent formal evaluation at private expense, the results of the evaluation:
(a) must be considered by the departments, in any decision made with respect to the eligibility of class membership, and
(b) may be presented as evidence at a hearing regarding the applicant.

If the CAB or a hearing officer requests an independent formal evaluation as part of the review process, the cost of the evaluation must be at the State's expense.

5.

The formal evalua t ion shall be completed wi thin

thirty (30) days of the decision to conduct one, with its

results provided to the Department(s) and P & A within five

(5) working days of its completion.

- 3-

6.

Either party may appeal the results o~ the class

membership determination through the review process

established in the Consent Decree.

THE EVALUATION TEAM

1.

The Evaluation Team shall be composed of

individuals having expertise that is age and disability

appropriate to that of the applicant. The Evaluation Team

shall be capable of eva] uating the applicant in the areas

specified below. There is no specific number of persons who

must serve on the team, but neither a single individual nor a

single instrument may be the basis of the evaluation.

2.

The Evaluation Team may include, but is not

limited to:

Vocational Evaluator Residential or Living Skills Specialist Early Childhood Specialist Special Educators Physical or Occupational Therapists Psychologist Speech Therapist Social Worker Case Manager

- 4-

THE EVALUATION

l.

The formal evaluation shall be based upon a wide

variety of sources of information, including information

provided by the family, the school district and local

supports and services.

Formal and informal evaluation

techniques shall be used.

2.

The evaluation shall include, but is not limited

to:

a. appropriately norm referenced measures of the

person's general intellectual capabilities,

b. a delineation of the individual's skill,

knowledge, available resources, relationships,

interests and the potential for growth,

c. appropriate measures of the person's adaptive

behaviors, and

,~. a social summary indicating

(1) the availability of community and family

supports,

(2) medical history establishing the etiology of

the diagnosis and the age at which the

diagnosis was first made, if known,

( 3) pr ior service history, indicating the

location and duration of previous services,

(4) services the person is presently receiving

and the agency or agencies providing those

services,

) -

(5) a work history, for those over the age of sixteen, indicating sheltered and competitive employment experiences, and
e. observations of the person in social and vocational settings, and
E. the Evaluation Team's findings including an assessment and determination of the present supports and services, and the risks of placement at Wyoming State Training School.

3.

The Department of Health, or the Department of

Education for children ages 3-21, shall review the evaluation

and any additional information, and will render a written

decision to the applicant within ten (10) working days of the

receipt of the written formal evaluation. The written

decision shall include a statement of eligibility or

ineligibility for class membership. The ineligibility letter

shall also include the procedure for the review process. The

Department(s) shall also inform P & A System, Inc. of the

decision within the same time period as notice to the

applicant.

4.

Persons determined not to be class members will be

directed to an appropriate services provider. The Department

of Health shall assign class members an independent case

manager to initiate the individual program plan process in

accordance with the Consent Decree.

- 6-

PROCEDURES FOR DELETING CLASS MEMBERS

1.

Class members may be deleted if they

a. move and establish residency in another

state,

b. die.

2.

The State shall give notice to P & A and the CAB

of individuals to be deleted from the list of class members.

3.

The CAB will review and approve, or disapprove,

the same prior to submission to the court.

ASSURANCES

The State of Wyoming hereby confirms its commitment to

the principles and covenants appearing in Article II of the

Consent Decree.

The State of Wyoming agrees that all

individuals with mental retardation residing in the state,

who are requesting services, shall receive services as

delineated by the IPP. Eligibility for class membership

shall in no way distinguish supports and services received by

class members and non-class members, except for the

independent case management system.

Non-class members will not be included in the determination of the State's compliance with the terms of the Consent Decree.

- 7-

REVIEW
The parties may jointly review on or about January 1, 1992, the criteria for class membership and the procedures for adding and deleting class members, to assure that those established herein are fair, reasonable, and workable.

APPROVED AS TO FORM

Danny

de

General Cou sel Protection Advocacy

System, Inc.

2424 Pioneer

nue, #101

Cheyenne, Wy

g 82001

//

Senior Assistant Attorney General
State of wyoming 123 Capitol Cheyenne, Wyoming

82002

Attorney at Law Wiederspahn, Lummis, & Liepas, PC 2020 Carey Avenue, #704 Cheyenne, Wyoming 82002

- 8-

 Danny S. Wilde Michael H. Reese Attorneys for Plaintiffs Protection & Advocacy System. Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne. Wyoming 82001

1 ,.j'

,. ., ~,

. ',I

\'

.1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et aI.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

et aI.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

PLAINTIFF'S SIX MONTH REVIEW AND REPORT TO COMPLIANCE ADVISORY BOARD

Comes Now, undersigned counsel by and for Wyoming Protection & Advocacy System, Inc. submits to the Court this six month report to the Compliance Advisory Board ("CAB n) pursuant to Section 8.03(e) of the Stipulated Agreement as incorporated in the Consent Decree for the Court's information and review.

Dated this '0.1 ~'- day of November 199L
Michael Reese Attorney for the Plaintiff Wiederspahn Lummis & Liepas, P.C. 2020 Carey Ave. Suite 704 Cheyenne, Wyoming 82001
CERTIFICATE OF SERVICE I here by certify that a true and correct copy of the foregoing Plaintiffs Six Month Review and Report to Compliance Advisory Board was placed in the United States mail, postage prepaid, thisE~ day of Novemberl991, addressed to: Shirley Kingston Office of the Attorney General State of Wyoming 123 Capitol Building Cheyenne, Wyoming 82002
2

PROTECfIOX & AD\'OC\CY SYSTDI. IXc. 2424 Pionccr .hcnllc. SlIitC 101 Clll:ycnnc. \\'yoming H2001
TTY OR vOICE

DE,'ELOP~lE~T Ai.. D:S':"8'~'-:-IES PROGRA~,~
\307: e.-I': -3":96 Cheyt"-f1e c!!:c€'
(307)332-:)32:' E-! 28~ La"::l€r attlce p 0 60~ :8
LancE" '·J,,:-','1'I"~ 82520 '·800-S::"- "6":8 ~ ~ '·'ree
(30~, 638-081:: ;:;";>..

CLIENT ASSIST ANCE PROGRAM (307) 638·1668. Cheyenne oftlce
1-800-821-3091 Toll-tree (30l) 638-0815, FAx
REPLYT(),
September 11, 1991

MENT Ai.. HEALTH PROGRAM
(30i) 635-7817, Cheyenne ol!lI::e (307) 789·3035. Evansto'1 oHlce 350 City view Drive, SUite 207A
Evanston, Wyoming 82930 1-800-654 -7972 TOll-free
(307) 789-8631 FAX

Compliance Advisory Board
Ms. Sondra Kaska DD/MI Clinical Law Project College of Law University of Iowa Iowa City, Iowa 52242
Dr. Peter Blanck University of Iowa College of Law Iowa City, Iowa 52242
Re: Semi-Annual Report to CAB
Dear Compliance Advisory Board Members:
Section 8.03 (e) of the Stipulated Agreement provides that "the parties shall jointly compile semi-annual reports outlining the degree of progress ... ", including "recommendations". It is our belief and expectation that "jointly" does not mean an endeavor which is mutually written but that our report is contemporaneous with the report of the State. It would seem to be more reasonable that CAB receive simultaneous reports from each party reflecting the different perspectives and experiences.
Attached to this letter is a summary of the status of items required by the Consent Decree to have been undertaken prior to the date of this report. However, consistent with the language of the Consent Decree, we respectfully make the following observiltions, reflections and recommendations:
1. As a general proposition, our working relationshjp with the State of Wyoming has improved, even though we remain vi<;ilant and committed to strong monitoring and compliance checking. The parade of events over the last six months has been a Ie.' cning encounter.

"IN THEIR INHERENT RIGHT TO LIFE. UBERTY, AND THE PURSUIT OF HAPPINESS, ALL MEMBERS OF THE HUMAN RACE ARE EOUAL" (WYOMING CONSTITUTION)

Compliance Advisory Board Page Two September 11, 1991
2. During the course of implementing the Consent Decree, we naturally become aware of situations and events that have occurred or are occurring that may impede the successful implementation of the Decree within the time frame contemplated and set forth in the Decree. Since the parties have embarked into unchartered waters, sometimes the going is smooth, sometimes rough, and as we break through one wave, another hits. Implementation is a more difficult battle than arriving at the Consent Decree, but we in the State of Wyoming have a golden opportunity to fulfill a vision.
3. Of the situations of which we have become cognizant, they include, among others, concern by staff at WSTS about the capacity of the Superintendent to provide full-time stewardship to WSTS due to a splitting of labor between one task as Superintendent and the other task as Director of Developmental Disabilities. It appears to us that there is a lack of concentrated direction beginning at the top of the organization chart which contributes to low-staff morale. It may well be that this problem is more a matter of embryonic jitters that will improve with the passage of time and getting some innings under the belt. However, it is a concern to us which will be carefully monitored. Our concern is no reflection on the Superintendent's abilities, but on the inherent risks in performing two related but difficult and time consuming assignments.
4. The difficult portions of the implementation of the Decree are forthcoming, for example, incorporating the recommendations of ENAT as discerned in the reports (which we have not received as of this report), but which we understand the reports to include systemic changes.
5. Some of our more specific recommendations would be that WSTS automatically inform us of placements with the necessary information, for example, a copy of the transition plan. Other recommendations would be that WSTS improve its training to staff in several areas. We have gleaned as a result of monitoring that WSTS is experiencing high worker's compensation claims in such matters as lifting residents, which obviously has a direct correlation to the adequacy of training. What looks good on paper, when carried out, may require change. We will follow up on a more extensive report.
6. The past six months highlighted concerns about: access to information and staff which has been resolved; and, the need for an independent death review committee (which discussion is nearing conclusion). P&A has and is attempting to review the events and circumstances surrounding resident deaths. We will submit our findings to the State and CAB. We did reach conclusion on class

Compliance Advisory Board Page Three
September 11, 1991

member eligibility procedures after several months of negotiations, but, as with other elements of the Decree, the struggle may well be in execution.
7. Our experience with CAB in the discussions on the independent death review committee has been positive. CAB can be a facilitating force that decreases the time that otherwise might be spent between the parties in reaching a consensus.
In conclusion, the first six months have been a growth experience for all and the next six months should reflect our mutual learning about each other and the difficult road ahead. Should you have any questions or need for expansion on any issue, please feel free to contact us.
Sincerely,
ct~Q~\~
Jeanne A. Thobro Executive Director

bll
Attachment
c: Mr. Steve Zimmerman Ms. Jane Sabes

Dann S. Wi
;;;~~ Michael H. Reese Attorney at Law

STATUS REVIEW OF COMPLIANCE
Note: Scheduled date refers to the time in which the scate must submit documents for
the review process

ACTIVITY
I. Ombudsman
Scheduled date:by December 31,1990
Completion date:see notes

STATUS
This activity was extended initially to June 12, 1991. A second extension was granted by Jeanne Kawcak on June 14, 1991 at the
request of Mr. Bob Clabby. The extension allowed the State to inform P&A by June 21, 1991 of iIS proposal to meet the compliance deadline. Mr. William Ryker was hired by the Division of Developmental Disabilities to start July IS, 1991. Informed by letter dated June 27 1991 by Bob Clabby. This position referred to as Client Rights Specialist.

2. Client rights specialist Completed.

Scheduled date:by March 13, 1991
Completion date:see notes
3. Community Integration Completed.

Scheduled date: no date set in agreement

Completion date:see notes

4. Organization Chart

A detailed organization chart was submitted on WSTS by letter

dated June 27,1991 by Roxanne Ralls. Section 5.13 of the

Agreement sets forth the requirement for the organizational

Scheduled date: no date chart. Such a chart has not been prepared by the Department of

set in agreement

Health.. although a letter dated May 29, 1991 to "Legislator" by

Jane Sabes, Director of Department of Health, did not include

Completion date:see

independent case management.

notes

.

5. CAB oversight plan

The State submitted a draft plan dated 4/22/91 to which P&A responded with its plan. At the May 9&10. 1991 meeting in

Lander, agreement in principle was rcached on staffing. The State

Scheduled date: within promised a new version about the week of July 7.1991 and over 45 days of March 13, the last several months there has been considerable discussion

1991

which contributed to the delays in adopting the plan. The Statc submitted a new draft dated July 5, 1991. P&A responded in

Completion date: see notes

letter dated July 18,1991. By letter dated August 27,1991 P&A has provided additional comments on the CAB plan. The proposed plan is still pending.

6. Class member proc.

This action was to have been completed by May 13, 1991. As of June 19, 1991, this activity was still unresolved. P & A allowed

an extension in this matter, and set a June 27. 1991 deadline. A

Scheduled date: within meeting was held in the Governor's conference room on June

45 days of March 13, 27,1991 in an attempt to resolve differences. From P&A were

1991

Michael Reese and Danny Wilde; from the State were Steve

Zimmerman, Jane Sabes, Ken Heinlein, Bob Clabby, Pat Arp,

Completion date: see Dennis Call and Rowena Eckert. Danny Wilde was delegated the

notes

responsibility to draft language on the independence of the

evaluation team which was completed on June 28, 1991. Other

issues unresolved from this meeting included the issue of case

managers for non-class members. With proposals back and forth.

agreement was reached and Appendix A was filed with the Court

on August 2, 1991.

7. Submit final list of class members

Not completed. The state submitted a list on May 29, 1991 which has not been reviewed for verification. nor whether this list complies with the definition of class members.

Scheduled date: within 45 days of march 13, 1991

Completion date: see notes to #6 above

2

IPP Criteria

Not completed.P&A has made additional comments and the State has not responded.

Scheduled date: within 60 days of March 13,1991

Completion date: see notes 9. Civil Rights Handbook Not completed.Another draft was prepared by WSTS and P&A
responded in memo dated May 7, 1991 that the draft was not acceptable. Scheduled date: 60 days As of September 10, 1991 P&A has not received any further draft. from date of agreement

Completion date: see notes

10. Substitution roster

Not completed as of September 10,1991. The State by and through

plan

Shirley Kingston is responding to changes suggested by P&A after

a meeting with Shirley Kingston and Danny Wilde in September

1991. A formalized plan was submitted on August 29, 1991,

Scheduled date: June I, which is after the original scheduled date.

1991

Completion date: see notes

11. CAB Budget

After several drafts and comments, the CAB budget was adopted for the first year..

Scheduled date: within 90 days of appointment, i.e. March 12,1991

Completion date: see notes

3

12. Staff training plan

Not completed. P&A has suggested values based training and submitted information on such training. No resolution of this

issue. Based on a recent monitoring check to WSTS. P&A will

Scheduled date: 90 days follow through with more comment and suggestion on training

of date of agreement

needs.

Completion date: See notes

13. Abuse and neglect reporting system at WSTS

Not completed. P&A has submitted comments; awaiting response from the State.

Scheduled date: Within 3 months of date of agreement

Completion date: see notes

14. Plan for technical

The technical assistance plan as submitted by the State

assistance to the

accompanied the training plan and essentially incorporated the

community programs training plan as the technical assistance plan. See previous

comments on the training plan ..

Scheduled date:90 days

of effective date of

agreement

Completion date: see notes

4

15. Civil and legal rights of A one page document had been handed out during the May 9 &1O.

the class members

1991 meeting in Lander This one-page document was commented

on and Ken Heinlein was to make changes. P&A has no inJormation

Scheduled date: June on the use of such a document or if the change suggested by P&A

21, 1991

was ever made.

Completion date: see notes

16. IEP for each WSTS resident under the age of 21 years

P&A has been told that this element is completed: however. compliance will verify whether IEPs have been completed .No documents have been submitted to verify this activity.

Scheduled date: June 30. 1991

Completion date: see notes

17. Private. comfortable and sanitary residential setting at WSTS
Scheduled date: June 30.1991
Completion date: see notes

P&A acknowledges receipt of a June 27. 1991 report on this matter but P&A has questions in this area and is conducting monitoring to verify the accuracy of the report.

5

18. Resident population <=301
Scheduled date: June 3D, 1991
Completion date:

Completed.

19. Public education plan On-going. Several meetings have occurred during the last few

for the state

months in a mutual and concerted effort to provide public

education. However, the State was lax in informing parents and

Scheduled date:June 3D, family members about the Consent Decree, which led to some

1991

unfavorable publicity during the summer of 1991.

Completion date: see notes

20. Internal Quali ty Assurance Plan WSTS

The state has submitted a plan but P&A has not yet responded.

Scheduled date: no date set but upon agreement, July 1,1991

Completion date: see notes

6

 UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

ANNA MARIA WESTON, by her guardian, Barbra Weston, et al.,
Plaintiffs,
vs.
WYOMING STATE TRAINING SCHOOL, et al.,
Defendants.

)

- :1

)

, ..:..'1

J,

)

) INDEPENDENT DEATH REVIEW
) COMMITTEE & PROCEDURES'

)

)

) CIVIL ACTION NO. C90-0004

)

)

)

)

Pursuant to the provisions of Article VIII of the Stipulated

Agreement filed on March 13, 1991, the Compliance Advisory Board

(CAB) states the following:

1. On or about August 2, 1991, Plaintiffs requested a

74

review by CAB of Plaintiffs' July 3, 1991, request to Defendants

for the establishment of an Independent Death Review Committee.

2. The parties and the CAB agreed that an Independent Death

Review Committee and procedures should be established.

3. The parties determined to work together toward the

establishment of a mutually agreed upon Independent Death Review

Committee and procedures for conducting independent death review

investigations. The process of developing the committee and

procedures was facilitated by CAB.

4. Attached hereto are the Independent Death Review

Committee and Procedures agreed to by the parties. The CAB

respectfully requests that the court approve and adopt the

Independent Death Review Committee and Procedures as set forth.

Dated this

day of ~O~0Jh~~_, 1991.

Respectfully submitted,

Peter D. Blanck

Sondra B. Kaska COMPLIANCE ADVISORY BOARD

copy to: Shirley Kingston Michael Reese Danny Wilde

CERTlf.cATE Of S£R'lICE
1M undenW1ed Mreby 0M't1f* thM • true copy Of the foraIoinc iMtrumenc _ ..wet upon ., Mtcrney of record Of.ach oertY. the abawe entitled:-.". by
~ the Uft'Ie In an ~ ~ CD NCh ataamey at his respective
t!:= ...._ . . . . d_ iscIos_ ed~the~.a.f.r~ w::oS rdh_ enll_ n,wlOthtfoiocset.a..&.e.,f..u.l..l,yopna.l.d.,a~ no

_at ~

.191~9..:..1_ _ _ _ __

tZ..-I..<- ~ (.. ~

INDEPENDENT DEATH REVIEW COMMITTEE & PROCEDURES
Policy: The Independent Death Review Committee (IDRC) will review the circumstances surrounding the death of any individual on the rolls of the Wyoming State Training School (WSTS).
Purpose: The Independent Death Review Committee is to determine the circumstances, events, and conditions that may have resulted in the death.
Membership:
1. Forensic pathologist with experience in the field of developmental disabilities;
2. Independent Case Manager;
3. A consumer or family representative;
4. The County Health Officer;
5. The Director or designee of the Division of Criminal Investigation laboratory; and
6. Physician with experience in the field of developmental disabilities.
Procedure:
1. Upon notification of a death, the Superintendent of WSTS or his designee shall immediately notify:
a.!.) The Administrator of the Division of Developmental Disabilities;
2. ) The County Coroner; 3. ) The Independent Case Manager; 4. ) The family or legal guardian; and
b. The Governor's Liaison, who in turn shall notify:
1.) The Compliance Advisory Board; and 2.) Protection and Advocacy System, Inc.
Such notification shall be by telephone and, in the case of the Coroner, Independent Case Manager, and Pathologist, a facsimile of the statement of the attending physician.
2. Deaths of all individuals on the rolls of the Wyoming State Training School will be referred to the County Coroner, in keeping with Wyoming Statute 7-4-l04(a)(i)(G). The County Coroner shall decide if the death is to be handled as a Coroner's case.
I

3. The Independent Case Manager (ICM) shall notify the members of the Independent Death Review Committee and convene the Committee. The ICM may also assist the IDRC in selection of the consumer representative. This may be a member of the WSTS Parent Group. It shall be neither a WSTS staff member nor a representative of Protection and Advocacy.
4. Within 48 hours of the death, except when the death occurs on a weekend, the IDRC shall make a recommendation regarding the need for an autopsy, if the Coroner has not already decided to perform an autopsy.
5. If the County Coroner accepts the case as a Coroner's Case, the Coroner shall take possession of the body. If the death is not to be handled as a Coroner's Case, the IDRC shall not release the body for burial or cremation until it has made a decision concerning the need for an autopsy.
6. If the IDRC recommends an autopsy:
a. The appropriate staff will notify the family or legal guardian that an autopsy will be performed; and
b. The forensic pathologist will complete the autopsy within 72 hours of the death.
7. Upon completion of the autopsy by the Coroner or the independent forensic pathologist, the IDRC will meet to review the pathologist's report. Other information may also be reviewed by the IDRC, if warranted by the pathologist's report.
8. In conducting its inquiry, the IDRC shall examine witnesses and relevant records. Witnesses shall necessarily include the attending physician and the WSTS Clinical Director.
9. The IDRC shall prepare a written report within seven days of the death, including in its written report:
a. Basic identifying information about the individual; b. Medical history, including diagnosis, physical status, and medications; c. Circumstances surrounding the death; d. Autopsy findings; and e. Other information or recommendations as deemed necessary.
Such report shall be conveyed to the Administrator of the Division of Developmental Disabilities, the Compliance Advisory Board (for the duration of the lawsuit), Protection and Advocacy, and Director of the Department of Health, and the Case Closure Committee.
2

The family shall receive a summary of the Death Review Committee report.
10. All activities of the Death Review Committee shall be completed within 20 days of the individual's death.
11. The report generated in Paragraph 8 shall be confidential and does not constitute an admission by the State of Wyoming that any condition, policy, procedure or act was or is in any way improper or negligent. The report is inadmissible in any proceeding except in the confines of Weston y. WSTS. No public or private disclosure of the report shall be made in violation of State or Federal law governing disclosure of confidential information.
12. The IDRC procedures will be reviewed annually in July by the parties.
13. Death of class members that occurred after the signing of the Stipulated Agreement, but before the adoption of these procedures will be subject to the procedures, with time lines adjusted as the parties deem appropriate.
3

WSTS CASE CLOSURE COMMITTEE 1. Within five working days of the death of a class member:
a. The social worker shall submit a report of the family situation and disposition of personal belongings and money, and
b. The Qualified Mental Retardation Professional (QMRP) shall submit a summary of the program plan that was in effect at the time of the death. 2. Within five working days of the completion of the above reports and the report of the IDRC, a Case Closure Co~nittee will meet to review all reports.
The Case Closure Committee shall include: a. Director of Medical Services at WSTS; b. Director of Clinical Services at WSTS; c. Director of Safety, if appropriate; d. Pharmacist; e. Psychologist; f. Client Rights Specialist; g. QMRP; and h. Other staff as determined by the Superintendent or the circumstances of the death. 3. The Case Closure Committee may recommend changes or modifications to WSTS policy or practices, based upon its findings.
4

 COMPLIANCE ADVISORY BOARD ("CAB U ) FIRST FIFTEEN AND ONE HALF MONTH BUDGET*
,'..J .

1. CAB Personnel

Board Member Compensation

Peter Blanck .......................................... $ 64 r 583.33 Sondy Kaska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . 64,~83,33
129.166.66

CAB Staff
$---------- Full-time Secretary/Assistant (Wyoming) ...............
Half-time Secretary (Iowa) ....•...................... 0 12,000.00 P&A Supported Position . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . 35.000.00
47.000.00

2. &XpenSeB

CAB/Staff Travel

24 Coach Round-trip Air Fares @S750/trip .............. $ 18,000.00

Per Diem Expense @S75/daily ..•...•...•................ 4.000.00 22.000.00

75

CAB Office Expenses

Rent (Wyoming & Iowa) ................................. 1---------Supplies/Postage/Photocopying (Iowa).................. 4.000.00
Telephone/Fax (Iowa).................................. 4,OQQ-.&,Q 8,000.00

3. CAB First Ye~r~erating Budget . . . . . . . . . . . . . . . . . . . $206.166.66

4. Technical Assistance/Consultation/ Experts/Hearing Officer Budget ..........•........ $ 29.833.34

5. TOTAL FIRST YEAR CAB BUDGET •••••.•................ $236.000.00

* Figures are projected and will be reviewed and adjusted as
appropriate at the end of the first fiscal year. First year budget runs from March 13. 1991 to June 30, 1992.

COMPLIANCE ADVISORY BOARD ("CAB"): SECOND YEAR BUDGET*
1. CAB Personnel
Board Member Compensation Peter Blanck .....•..•............••....••...... $50,000 Sondy Kaska .......••...•...•.........•.••....••• 50. 000
100,000
CAB Staff Full-time Secretary/Assistant (Wyoming) ..••...•.• -----Half-time Secretary (Iowa) ...................... 16,000 P&A Supported Position .•....................•... 35.000
51,000
2. Expenses
CAB/Staff Travel 24 Coach Round-trip Air fares @$750/trip ........ 18,000 Per Diem Expenses @$75/daily ...................•. 4.000
22,000
CAB Office Expenses Rent (Wyoming & Iowa) •..•.........•..••......•••.. ----Supplies/postage/Photocopying (Iowa) ............•. 4,000 Telephone/Fax (Iowa) •....................... '" ... 4.000
8,000
3. CAB Second Year Operating Budget .........•. $181,000
4. Technical Assistance/Consultation/ Experts/Hearing Officer Budget ...........•.. $69,000
5. TCTAL SECOND YEAR CAB BUDGET . . . . . . . . . . . . . . . $250,000

*Figures are projected and will be reviewed and
adjusted as appropriate at the end of the fiscal year. Second year budget runs from July 1, 1992 to June 30, 1993 .

_ _ _ _ _ _ _ _ _ _ __ ..--0

_ _ ~

~

_~_o

ALVIN WIEDE'=lSDA,I-j"l
CYI'''"IA lUM\'IS AlGIRDAS M. lIEPAS' OIANE ~.lAT"ROP· MICHAEl f.I REESE MAXINE R WEAVER'

\VIEDERSPAHN, LUMMIS & LIEPAS

A PROFESSIONAL CORPORATJO.'" AITORSI,YS ~''D COL"SsELORS AT LA W

2020 CAREY AVENUE. SUITE 700

CHEYENNE. WYOMING 82001

TELEPHO'E (307) 638-6417 FACSIMILE (301) 118-1628

'9 OLD TOWN SOUARE SUITE 238
FORT COUlNS, COLORADO 80524

- AD'-'TTED IN COLORADO "'''C WVO'''''.G

October 25, 1991

Sondra Kaska DD/MI Clinical Law Project College of Law Iowa City, Iowa 52242
Peter Blank The University of Iowa College of Law, Room 431 Iowa City, Iowa 52242
Re: CAB budget
Dear Sondy and Peter:
This letter acts as approval to CAB in connection with the revised CAB budget with the understanding that CAB will seek whatever relief from the Court that may be necessary to implement CAB functions, so that if there is a deficiency, for example, in technical assistance, CAB will and shall aggrcsively seek remedy from the Court, which may mean additional funds to be authorized by the Court.
Sincerel y/ " /
,4t~~
Michael Reese
cc: Jeanne Thobro Shirley Kingston Steve Zimmerman

- •.

DHI:IS
I

P.2

MIU SULLIVAN GOVERNOR

•~ ~,¢

too!/

STATE OF WYOMING

OFFICE OF THE GOVERNOR

CHEYENNE 82002

October 29, 1991

91Z.234
Sondra Kaska J.D. DD/MI Clinical Law Project College of Law Iowa City, IA 52242
Peter D. Blanck, Ph.D., J. P. The University of Iowa College of Law, Room 431 Iowa City, IA 52242
Re: CAB Budget
Dear Sondy and Peter:
After reading the October 25, 1991, letter from Mike Reese on
behalf of Wyoming Protection & Advocacy System, Inc., with regard
to the recently submitted CAB budget, The State of Wyoming also approves the CAB's submitted budget.
I would encourage the CAB to carefully monitor the budget expenditures. The State, as a party to this lawsuit, pledges our assistance in providing background information to determine if expenditures in training and technical assistance are necessary when they are and will work closely with the CAB in previding specific information so that the scope of consultations can be accomplished in the most efficient and effective manner in meeting the overall needs of class members.
Sincerely,

SEZ/dcw
CC: Jeanne Thobro Shirley Kingston Mike Reese

Steve E. Zimmerman Governor's Liaison Coordinator
,
I
I

 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et al., )

)

Plaintiffs, )

)

)

vs.

)

)

)

WYOMING STATE TRAINING SCHOOL, )

et al. ,

)

)

Defendants. )

Civil Action No. C90-0004

FINDINGS AND DIRECTIVES OF THE COMPLIANCE ADVISORY BOARD (CAB) REGARDING THE FOUR-YEAR PLAN DISPUTE

I. BACKGROUND

On January 28, 1992, the Wyoming Protection and Advocacy System,

Inc. (P&A) filed a Request for Review by the Compliance Advisory Board (CAB)

of Four-Year Plan Dispute, pursuant to section 8.07 of the Consent Decree.
Section S.lS(c) of the Consent Decree requires that "By December 31, 1991 and December 31, 1993, WSTS shall prepare updated four (4) year plans

and submit them to P&A for the review process,"

Section 2.05(a) of the Consent Decree sets forth the "review

process" whereby "any proposed rule, regulation, plan, policy, procedure,

program

shall not be adopted by the State unless the State submits the

I ,

same to P&A for review and comment." Subsection (b) of this section states

that "The parties shall exchange information to ensure that a coordinated,

cooperative effort is undertaken which will benefit the class as a whole. ".

In their Request for Review, Plaintiffs sought the following remedies:
(1) that the CAB cite the State for procedural non-compliance; (2) that the CAB issue a directive that recommends solutions to the problem of procedural non-compliance; and (3) that the State be instructed to reconcile the proposed State Biennium budget with the four-year plan. The State served an Answer to Request for Review By CAB of the Four-Year Plan Dispute on February 5, 1992. In its answer, the State urged that the CAB deny Plaintiffs' request in all respects and affirmatively requested that the CAB provide meaningful assistance to the parties to resolve the issues. The Scate also appears to have raised an issue of non-compliance by P&A, pursuant to section 8.01(b) of the Consent Decree. On February 10, 1992, P&A served a Response to State's Answer to Review of Four-Year Plan Dispute. P&A reiterated the need for interpretative guidance on the issues from the CAB. Because the issues have received a full and fair airing, the CAB has not deemed it necessary for the present matter to be resolved with the further assistance of a settlement conference, pursuant to its authority under section 8.07(d) of the Consent Decree.
II. FINDINGS REGARDING PROCEDURAL NON-COMPLIANCE For the reasons stated below, the CAB denies Plaintiffs' request
to cite the State for procedural non-compliance. The CAB also denies the State's request to cite the P&A for non-compliance with the Consent Decree.
2

The CAB herein grants Plaintiffs' request to issue directives to the parties that set forth guidelines for reconciling the proposed budget with the four-year plan and that resolve other issues of dispute between the parties. The CAB also grants the State's request that it provide meaningful
assistance to the parties to resolve the issues raised herein.
Plaintiffs do not dispute that the four-year plan was submitted to P&A by the State on December 31, 1991, pursuant to section S.lS(c) of the
Consent Decree. The State's Answer and attached affidavit of Dr. Jon Fortune corroborate this conclusion.
The Consent Decree does not require that the State submit its proposed biennium budget to P&A, pursuant to the review process. There is no evidence to support a finding that State is in procedural non-compliance with the review process regarding the submission of the four-year plan. This is because the proposed budget has neither been formally adopted by the State nor is it controlling in this matter.
There is no evidence to support a finding that the P&A is in procedural non-compliance for failure to follow the informal dispute resolution procedures set forth in section 8.01(b) of the Decree.
In their Request, Plaintiffs do not contest the substantive issues with respect to the merits of the four-year plan. Plaintiffs propose instead that substantive discussions with respect to the merits of the plan proceed under section 8.06 of the Decree. However, in light of the parties' request for guidance on these matters, several of the substantive issues with regard to the four-year plan are discussed herein, Part III.
3

Before addressing the substantive issues with regard to the four-

year plan, the CAB affirms that it will continue to monitor closely the letter

and spirit of the review process. Specifically:

a. any violations by the parties of the review process will

constitute grounds for procedural non-compliance, with appropriate sanctions

and costs;

b. the CAB reserves the right to remedy such violations by

means of increased oversight of the review process, or by any other means

necessary to ensure that the terms of the Consent Decree are followed in ways

that benefit the class as a whole;

c, any pattern of actions by either party that undermine the

spirit and goals of the Consent Decree and that unnecessarily waste the

resources and energies of the parties will, upon proper showing, constitute a

finding of procedural non-compliance; and

d. any future notice to the CAB regarding issues of non-

compliance pursuant to section 8.07 of the Decree shall be submitted by the

moving counsel of record to the opposing counsel of record and the CAB only

after informal attempts have been made to resolve the dispute, consistent with

sections 8.01(b) and 8.06 of the Consent Decree.

III. DIRECTIVES AND FINDINGS REGARDING THE DEVELOPMENT OF THE FOUR-YEAR PLAN 1. Within thirty (30) days of this directive, the State shall
revise and resubmit the four-year plan to the P&A, in accordance with the review process, addressing the following:
a. the schedule, including detailed time-frames, program and residential placement responsibilities and locations and support services
4

for placements of all school age class members residing at WSTS, in accordance with the terms and obligations of the Consent Decree;
b. the issues raised in the October 10, 1991, Report of Dr. Alfred Healy;
c. the ration~le for seeking federal Intermediate Care Facility/For the Mentally Retarded (ICF/MR) funding to further the outcomes required by the Consent Decree; and
d. the analysis of the staff reduction plan at WSTS as it downsizes, and information regarding the status of the staff pool, consistent with the terms of the Consent Decree.
e. The information required in Part lea-d) above shall be submitted by the State only to the extent that it has not already been made available to the P&A and the CAB. Upon the expiration of the thirty day revision period, P&A will have ten (10) days to submit any responses to the State regarding the revision of the four-year plan.
2. To facilitate compliance and prevent mis-communications between the parties, documents set forth in Appendix D of the Decree and submitted pursuant to the revie\v process shall be sent by the counsel of record to opposing counsel of record. In addition, to further enhance opportunities for collaborative effort between the parties, any nonprivileged information relevant to the implementation of the Decree shall be brought, in a timely fashion, to the attention of the other party.
3. Reducing the number of filled beds at WSTS by July 1, 1993, to the final census required by the Consent Decree does not mean that the State's obligations under the Decree are necessarily completed ..
5

4. The CAB reaffirms section 6.01(f) of the Decree in that no class member shall be discharged from WSTS to meet a placement timetable. However, the State is not necessarily precluded from meeting the terms of the Consent Decree prior to or later than December 31, 1994. Ultimate compliance may occur only if, upon proper showing by the parties, the CAB is able to
determine that the State has fulfilled its obligations under the Decree and so certifies to the United SCates District Court for the District of Wyoming.
5. Pursuant to section 2.02(k) of the Decree, services and
supports called for in an individual's Individual Program Plan (IPP) shall be provided by the State regardless of federal ICF/MR funding. Adherence at WSTS to ICF/MR standards does not necessarily indicate compliance with the terms and conditions of the Consent Decree.
6. Pursuant to section 6.0l(g)(3) of the Decree, a conclusion that only individuals with more severe disabilities -- for example, those who are medically fragile, aged and/or have behavioral disabilities -- will remain at WSTS is not warranted. Actual placements from WSTS remain subject to availability of the community-based supports and services, which the State has an obligation to develop pursuant to the Decree.
7. Defendants are responsible for reasonable compliance with the goals, objectives and obligations set forth in the four-year plan and the Consent Decree, regardless of the final budget approved by the Wyoming State Legislature. To that end:
a. as set forth in section 111(1) above, within thirty (30) days of this directive, the State shall modify the four-year plan to satisfy the directives set forth herein. This directive is not to be taken as requiring the State to rewrite the four-year plan;
6

b. the revised four-year plan will be submitted to the P&A, in accordance with the review process. The P&A will then have ten (10) days to make any final suggestions or comment;
c. the plan shall be submitted to the CAB for approval; d. upon approval of the plan, future modifications of the plan shall follow the review process as set forch in the Consent Decree. The
CAB acknowledges that, with changing circumstances and needs of the class members, the plan may need modification in the future to meet the requirements of the Consent Decree. The CAB reserves the right to review or direct any such modifications as necessary.
8. The CAB commends the parties for their willingness to work together, and for the progress already made over the past year toward achieving the goals and terms of the Consent Decree and many of the issues raised herein. The directives and findings herein do not reflect a view by the CAB that either party has not been pursuing objectives that are meant to serve the best interests of citizens of Wyoming with developmental disabilities and their families. IV. CONCLUSION
The findings and directives herein shall be issued to the parties and filed with the Court, in accordance with the authority of the CAB as appointed by the United States District Court for the District of Wyoming. The parties are directed to comply immediately with the findings and directives set forth herein.
7

Submitted this

Day of February, 1992, by The Compliance Advisory Board.

i
~ ----

1

..I

"., .

--"------

Peter David Blanck

Sondra B, Kaska

copy to: Shirley Kingston, Dennis Coli, Michael Reese, Danny Wilde

8

 UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

, ,
;- i:.~ :..'

I. I·

ANNA MARIA WESTON, by her

)

guardian BARBARA WESTON,

)

et al.,

)

)

Plaintiffs,

)

)

vs.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et a1.,

)

)

Defendants.

)

Civil Action No. C90-0004

STIPULATION MODIFYING CONSENT DECREE

The Wyoming Department of Education (WDE) , the Wyoming Department of Health (WDH) , and Protection and Advocacy System, Inc. (P&A) together request the Compliance Advisory Board to allow placement of school age children upon the following:
1. The Consent Decree provides that a transition plan "is to begin as far in advance of the actual move as is possible, but in no case less than six (6) months pr ior to community placement." (Section 1.11).
2. The Consent Decree further provides that transition plans for school age children who are class members shall be an endeavor involving the LEA/lEU, state facility and SDE. (Section 7.08).
3. The Consent Decree further provides that Emerson School shall close by September 1, 1992. (Section 7.02).

4. In order to ensure smooth, well-planned transitions

and to avoid unnecessary delays, the parties request that CAB

waive the six (6) month period for school-age class membe~s

only. WOE and WOH shall provide prior notice to P&A of any

changes in transition plans for students. Thirty (30) days

prior to movement of any students, WOE and WOH shall provide

P&A with a comprehensive plan of services for each student

which shall include the student's Individual Education

Program (IEP) and Individual Program Plan (IPP).

The

transition of school age class members shall occur in

compliance with IOEA.

Weston et al., Plaintiffs
Danny S. Wi de Protection & Advocacy
System, I c.

Wyoming Department of Education
J2£v-<!/?.AL 'It~juA_i,
Rowena L. Heckert Senior Assistant Attorney
General
Wyoming Department of Health

Shirley Kingston Senior Assistant Attorney
General
Reviewed and approved by the Compliance Advisory Board as indicated by the signatures below:

Sondra Kaska
/",V\ !kvt~_
Peter Blanck

1--( "L'!l!./
Date \ - 2-

CERTIFICATE OF SERVICE I, Rowena L. Heckert, hereby certify that on the 21st day of February, 1992, the foregoing Stipulation Modifying Concent Decree was served by hand delivery of a true and correct copy to:
Jeanne Thobro Michael Reese Danny Wilde Protection and Advocacy System, Inc Peter Blanck Sondra Koska Compliance Advisory Board
Rowena L. Heckert Senior Assistant Attorney General
-3-

 Rowena L. Heckert Senior Assistant Attorney General 123 Capitol Building Cheyenne, Wyoming 82002 (307) 777-7890

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian BARBARA WESTON,

)

et al.,

)

)

Plaintiffs,

)

)

vs.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

Civil Action No. C90-0004

MOTION FOR MODIFICATION OF CONSENT DECREE

The Wyoming Department of Education moves the Court to

78

modify the Consent Decree entered in this case in one small

particular. The proposed amendment would waive t~e six-month

period between commencement of a transition plan for a school

age class member and the individual's community placement.

The wyoming Departments of Education and Health have agreed to provide Protection and" Advocacy with pr ior notice of any changes in transition plans for students and with

comprehensive plans of services for all students thirty (30) days prior to movement of any students. This is expected to ensure smooth, well-planned transitions and to avoid unnecessary delays in their transitions to community placements.
The Stipulation Modifying Consent Decree :iled 21 February 1992 with the Court indicates the agreement of all parties to this modification to the Consent Decree. The Stipulation was also presented to the two members of the Compliance Advisory Board during their visit to Cheyenne on the same day, and they have indicated their approval by signing it also.
Therefore the Court is respectfully moved to order modification of the Consent Decree consistent with the Stipulation Modifying Consent Decree filed 2l February 1992, a copy of which is attached to this motion.
DATED 25 February 1992. WYOMING DEPARTMENT OF EDUCATION
Rowena L. Heckert Senior Assistant Attorney General 123 Capitol Building Cheyenne, Wyoming 82002 (307) 777-7890
-2 -

CERTIFICATE OF SERVICE I, Rowena L. Heckert, hereby certify that on 25 February 1992, the foregoing MOTION FOR MODIFICATION OF CONSENT DECREE was served by depositing true and correct copies in the United States mail, postage prepaid, addressed to:
Michael H. Reese 2020 Carey Cheyenne, WY 82001 Danny Wilde Protection & Advocacy System, Inc. 2424 Pioneer Ave., Suite 101 Cheyenne, WY 82001
{L~~ i:L:-h~~i
Rowena L. Heckert Senior Assistant Attorney General
-3 -

 Rowena L. Heckert
Senior Assistant Attorney General 123 Capitol Building Cheyenne, Wyoming 82002 (307) 777-7890

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian BARBARA WESTON,

)

et al.,

)

)

Plaintiffs,

)

)

vs.

)

Civil Action No. C90-0004

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

t

)

Defendants.

)

I
i

i

FIRST ORDER MODIFYING CONSENT DECREE

Upon full consideration of Defendant Wyoming Department of Education's Motion for Modification of Consent Decree and the Stipulation Modifying Consent Decree filed 21 February 1992,
79
IT IS HEREBY ORDERED that Defendants' motion be granted, and that the Consent Decree be amended in accordance with the stipulation which is hereby incorporated into the Consent Decree.
DATED ;Zc, February 1992.

 Danny S. Wilde Michael H. Reese Attorneys for Complainants Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001 (307) 632-3496

: ~ i , . C . (,
... L! ..) ,;

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbra Weston,

)

et al.,

)

)

Plaintiffs, )

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants. )

CIVIL ACTION NO. C90-0004

PETITION FOR JUDICIAL REVIEW

Sara Kawulok, as a member of the class designated in Anna

Maria Weston, by her guardian Barbra Weston, et al. v. WSTS, et

al., (hereinafter Weston, et al. v WSTS, et al.) by and through the

attorneys appointed to represent the class, and Protection &

Advocacy System, Inc. (hereinafter referred to as "P&A") by and

1

through its attorneys, ("Complainants") hereby petition the United

States District Court, for the District of Wyoming for judicial

review of the Findings of Fact, Conclusions of Law and Decision

entered on September 1, 1992, by the Wyoming Departments of Education and Health following a contested case proceeding before the Administrative Hearing Officer. Sara Kawulok and P&A seek review pursuant to 20 U.S.C. §1415(e) and Rule 12, Wyoming Rules of Appellate Procedure and as provided by the Consent Decree entered by this Court in Weston, et al., v. WSTS, et al.,
In support of its Petition, Sara Kawulok and P&A state as follows:
1. This Court has jurisdiction over this judicial review in that this action is based upon 28 U.S.C. §1415 (e) (4) (A). This action is also brought pursuant to this Court's continuing jurisdiction in the matter of Weston, et al., v. WSTS, et al.
2. Administrative remedies have been exhausted. A final decision in the administrative remedy was rendered on September 1, 1992, by Jeffrey Schalow the appointed Administrative Hearing Officer. A true and correct copy of this decision is attached and marked as Exhibit "A" and is incorporated herein by reference.
3. The Compliance Advisory Board (CAB) established by the Consent Decree in Weston, et al., v. WSTS, et al., rendered their final decision on September 22, 1992. A true and correct copy of this decision is attached and marked as Exhibit "B" and is incorporated herein by reference.
2

4. Venue for this judicial review is in this Court for the following reasons:
a. The final decision entered by the Wyoming Departments of Education and Health requires Sara Kawulok to be placed in a residential educational facility in Thermopolis, Wyoming.
b. Sara Kawulok resides in Fremont County, Wyoming. Sara is a child with a disability within the meaning of 20 U.S.C. §1400 et seq., as amended.
c. Sara Kawulok is a class member whose placement is a matter within the jurisdiction of this Court.
d. Sara's parents, Robert and Debra Kawulok reside in Sheridan County, Wyoming. All other Respondents are entities of the State of Wyoming.
5. Petitioners are entitled to relief on the following grounds:
a. The Departments of Eduction and Health committed an error of law in not allowing the attorneys for the class designated in Weston, et al., v. WSTS, et al., to intervene and provide representation for Sara Kawulok as a class member in said class until the morning of the hearing held on July 23, 1992.
b. Complainants were not allowed to call witnesses or present evidence on their behalf until the morning of the hearing.
3

c. Complainants were not allowed a continuance in order to

prepare said case.

d. The Departments' determination that Sara Kawulok's

transition to a home care setting would be an extremely difficult

and health threatening change is not supported by competent,

material and substantial evidence in the entire record.

e.

The Departments' determination that Sara's health

deteriorates during visit to her parents home is not supported by

competent, material and substantial evidence in the entire record.

f. The Departments' determination that Sara would suffer

emotionally or psychologically from placement in Sheridan is not

supported by competent, material and substantial evidence in the

entire record.

g. The Departments' determination that placement of Sara in

a specialized home care situation would adversely affect her health

and welfare is not supported by competent, material and substantial

evidence in the entire record.

h. The Departments' conclusion that Sara Kawulok's least

restrictive educational and most normalized residential placement

is at the Big Horn Basin Children's Center (BHBCC) in Thermopolis,

Wyoming is not supported by competent, material and substantial

evidence in the entire record.

4

i. The Administrative Hearing Officer did not have before it evidence presented by competent professional judgment as required to determine the appropriate educational and residential placement.
j. The Departments acted arbitrarily and capriciously and upon unlawful procedure in basing its opinion upon inadequate and unsupportive evidence entered at hearing.
k. The Departments acted arbitrarily and capriciously and upon unlawful procedure in not presenting professional judgment of home care services at hearing as required by this Court's Consent Decree entered in Weston, et al., v. WSTS, et al.,
1. The Departments' determination that Sara Kawulok's transition from the WSTS is not a case or dispute arising under the Consent Decree in Weston, et al., v. WSTS, et al., is arbitrary and capricious and in noncompliance of their obligations ordered by this Court in the Consent Decree entered into in Weston, et al., v. WSTS, et al.
6. The Complainant, Sara Kawulok's substantial rights have been prejudiced by the Departments of Education and Healths' findings, inferences, conclusions and decisions which are in excess of the Departments' statutory authority and jurisdiction; are in conflict with the Consent Decree entered in Weston, et al., v. WSTS, et al.,; made upon unlawful procedure; affected by other
5

errors of law; unsupported by competent, material and substantial evidence in the entire record; and arbitrary and capricious.
Wherefore, Complainants request this Court to review the entire record in this case, to review additional evidence in this matter, and to enter its Order reversing and setting aside the Findings of Fact, Conclusions of Law and Decision, entered by the Departments of Education and Health in this case.
DESIGNATION OF RECORD Complainants hereby designate the entire record prepared by the Departments of Education and Health, including the transcript and all exhibits of the contested case hearing conducted July 23 & 24, 1992, before the Administrative Hearing Officer. Counsel for Complainants certifies that they will make satisfactory arrangements for the preparation of a transcript of the proceedings designated above.
DATED this 3{) day of September 1992.

Danny S. Wl. ,
General Counse Protection & Ad cacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001 (307) 632-3496

i A rney at Law
Wiederspahn, Lummis & Liepas, P.C.
2020 Carey Ave., #700 (307) 638-6425

6

CERTIFICATE OF SERVICE
I, Danny S. Wilde, hereby certify that the above and foregoing Petition For Judicial Review was served by placing a true ao..d correct copy thereof in the U.S. mail, postage prepaid, this ~
day of September 1992, addressed as follows:
Mr. Fred R. Dollison Attorney for Sheridan County School District No. 2 P. O. Box 1058 Sheridan, WY 82801
Mr. Michael K. Davis Attorney for Petitioner P. O. Box 6288 Sheridan, WY 82801
Ms. Shirley Kingston State Senior Assistant Attorney General 123 Capitol Building Cheyenne, WY 82002
Ms. Rowena Heckert State Senior Assistant Attorney General 123 Capitol Building Cheyenne, WY 82002
Danny S. Wil e General Couns Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, WY 82001 (307) 632-3496
7

, --

STATE OF WYOMING DEPARTMENTS OF EDUCATION AND HEALTH

)

)

)

In Re Sara Kawulok

)

)

)

- ""
•

) ) )

FINDINGS OF FACT, CONCLUSION OF LAW AND DECISION

THIS MATTER came on for hearing upon the written request of the Petitioners, Robert and Debra ~awulok, directed to the Department of Health and the Department of Education, contesting a determination that their daughter, Sara Kawulok,
a resident of the Wyoming State Training School, should be placed in the Sheridan community to be educated in a public school and to live in a specialized home care setting. The hearings before the Department of Health and the Department of Education were consolidated into a single action due to the closely relat2d mature of the issues involved. The hearing was held on July 23 and 24, 1992, in Sheridan, Wyoming. The parties involved were the petitioners,
represented by Michael K. Davis; Sara Kawulok, represented by Danny S. Wilde; Sheridan County School District No.2, represented by Fred R. Dollison; and the State of Wyoming Department of Health, represented by Shirley Kingston. The hearing was conducted by Jeffrey A. Schalow, Hearing Officer. Having heard and considered the evidence and testimony presented at the hearing the Hearing Officer hereby enters the following findings, conclusions, and decision.

FINDINGS OF FACT
1. Sara Kawulok was born on October 14, 1985. She is the child of Robert and Debra Kawulok of Sheridan, Wyoming. The Kawuloks have two other children Eric, 9, and Rachel,S.
2. Shortly before birth, it was discovered that Sara had-~ myelomeningocele with resulting hydrocephalus (these terms are defined below). Her mother delivered her at st. Luke's Hospital in Denver, Colorado, Sara was inunediately transferred to Denver Children's Hospita"l, she was given less than a five percent (5%) chance of living and sent home with her parents to die.
EXHIBIT
A

3. A myelomeningocele is a herni~l, sac-like protrusion of the spinal cord relaf~d to a condition commonly called spina bifida. state simply, Sara lacks a number of the vertebrae of her spine, causing the spinal cord to be unprotected by other than a flap of tissue. At this time, the myelomeningocele is approximately six to eight inches in length, four inches in width and protrudes two to three inches. It is located in the area of Sara's lower thoracic and upper lumbar spine.
4. Virtually all of Sara's physical problems relate to the myelomeningocele.
5. The current medical problems caused by or related to the myelomeningocele are as follows:
a. Hydrocephalus: Sara K~wulok's head is . approximately 78 centimeters in circumference, compared to a normal adult head size of about 52 centimeters. The size of her head is caused by the accumulation of spinal fluid. Her head must be supported at all times. Her neck is incapable of doing so.
b. Infection: Sara is at serious risk for infection in the form of meningitis. The myelomeningocele oozes spinal fluid intermittently. Meningitis is a potentially life-threatening infection of the spinal cord's meninges.
c. Paralysis: Sara has no voluntary movement of her lower extremities and no bowel or bladder control. She must wear diapers. It is unlikely that long-term cathertization would be an option for Sara.
d. Atrophy: Sara's right upper extremity is atrophied and practically useless.
e. Kidney function: Sara's bladder does not function properly, which causes fluids to accumulate in the kidney causing damage to them. As a result, Sara has chronic kidney disease. It is likely that the kidney disease will ultimately result in her death. Sara is not an appropriate candidate for either dialysis or kidney transplant.
f. Dislocated joints: Sara's right shoulder and _ hip are dislocated. They are characterized by crepitus, which may be painful to her.

g. Vision: Sara has a nystagmus condition, resulting in vision problems.
h. Seizures: Sara suffers from grand mal seizures which are infrequent, but difficult to control. The "fourth line defense" (powerful) drug, Paraldehyde, has been used on at least one occasion to control a difficult seizure.
i. Developmental delay: Sara's communication and socialization skills are at the upper limits of the moderate retardation range (IQ 40 - 55) while her daily living and motor skills are at the profound retardation range (IQ below 25). Generally she functions on about the level of a two year old.
6. Sara is totally dependent upon others for her basic needs and is al ways 1ikel y to b'e' so. She cannot, and probably never will be able to, walk, stand, or position herself. She is constantly at risk for damage to the myelomeningocele if not properly positioned or handled. She has limited ability to feed herself. She cannot dress, bathe, or tend to personal hygiene by he~self. In short, Sara requires constant and extensive care.

7. Because of Sara's extremely large head size, the large protruding myelomeningocele, and the presence of unstable joints, Sara requires two people to lift and
transfer her. Every time she is moved there is the risk
of rupturing or damaging her myelomeningocele, of dislocating her joints, and of damaging her neck or spine (with the attendant risk of paralysis). The risks will increase as Sara grows older and larger.

8. It is in Sara's best interest that transfers (i.e. from bed to wheelchair, wheelchair to floor, etc) be minimized.

9. Sara has basically lived in the Health Care Center

(a hospital-like setting) at the Wyoming State Training

School since the time she was twa years old. An abrupt

change to a completely deinstitutionalized home care

setting would be an extremely difficult and health

• I

. threatening change for Sara. During visits home to

Sheridan (for extended stays of up to three weeks) Sara

enjoyed the benefit and care of two registered nurses--

her mother and grandmother. She received excellent

care and loving attention.

10. Nonetheless, such extended stays in a home setting were fatiguing and her general health suffered. When she returned to Lander, she was in poor health and required several days to recover. Her seizures are more frequent at home.

11. Sara's health deteriorates when placed in a home setting even with trained and experienced nursing care available.

12. Sara's combination of physical and mental disabilities are apparently unique in Wyoming among school age children. No other client being discharged from the training school and considered for community placement in a home setting has spina bifida.

13. Sara would benefit educationally from placement outside of the trqining school in a less restrictive environment permitting her greater interaction with less severely disabled and/or normal children; particularly,
where she would have the opportunity to interact verbally.

14. Placement of Sara at home with her family at this time is not possible.

15. Sara would suffer emotionally and psychologically by placement in Sheridan, outside her home. She would soon realize she was in her hometown, but not at home. Rel~tionships among Sara's family members would be strained and damaged by such a placement.

16. Given the age of Sara's siblings it is not likely that the tensions, frustrations, and problems created by her placement in Sheridan outside her home would be outweighed by the advantages of closer proximity (such as more frequent and convenient visits). If Sara is capable of realizing she is in Sheridan and not at home, then she will readily pick up on the strain this has created for her family and may blame herself for causing the problem.

17. There is no question that Sara's parents are deeply concerned with her welfare. They have been involved in her life as fully as possible. Their concerns are -justified and not self serving.

18. The school district is ready, willing and able to

I , I

provide an education for Sara. The school district has

I
, I

a dedicated, well educated and experienced staff who seem sincerely interested in welcoming Sara into the

system and in meeting the challenge of her education.

19. The school district could adequately meet Sara's health care needs during a limited school day. The school district could provide adequate transportation to and from school.
20. It appears likely that sufficient resources are available in the Sheridan area and that the Department of Health probably could develop specialized home care placements for clients in Sheridan. Though they have not done so for Sara, they are confident they could.
21. Regardless of whether or not a residential placement could be developed in Sheridan for Sara, a placement in a specialized home care facility is not in Sara's best interest at this time. It would adversely affect her health and welfare. It is not appropriate.
22. Placement in'a specialized·home care situation in another community is not appropriate. Such a placement, regardless of where it occurs, is inappropriate for Sara.
23. Sara's health needs at this time require a more controlled and restricted environment than a specialized home care placement could provide. Her health would be compromised by a home care placement.
24. Sara should be removed from the training school and placed in a less restrictive institutional type setting. She requires a level of health care and protection at this time somewhere between that provided by living in a hospital setting and living in a home setting.
25. The only alternative to remaining at the training school or being placed in Sheridan that was developed at the hearing is placement in a BOGES facility.
26. BOGES facilities are operated by consortiums of Wyoming school districts. There are presently three of them located in the cities of Gillette, Jackson and Thermopolis. Sheridan School District No.2, Sara's home district, is a participant in the Northeast Wyoming BOGES located in Gillette.
,27. BOGES facilities provide both educational and residential care for children whose develoomental disabilities and health needs require that they be cared for outside their home community. .
28. The petitioner's expressed a preference for the BOGES facility in Thermopolis based upon the availability there of more advanced computer technology. Such technology would be of benefit to Sara.

29. There appears to be nothing prohibiting or unduly complicating the placement of a child in a BOCSS facility other than the one supported by the child's home school district.
30 .. The BOCES facility in Thermopolis is the Big Horn Basin Children's Center (BHBCC).
31. BHBCC is located across the street from the hospital in Thermopolis. There is a day care center serving normal children on campus.
32. Sara would have the opportunity to interact with less severely disabled and normal children at BHBCC. Emergency health care needs could be readily met. Lifting and transferring Sara to attend school and social functions could be minimized.
33. Though she has not been f~rmally evaluated or considered for admission, BHBCC appears to be capable of providing for Sara's health care and educational needs at an appropriate level and they are apparently willing to take her.
34. Sara should be discharged from the Wyoming State Training School in Lander and sent to a BOCES facility, preferably BEBCC if placement there can be arranged.
CONCLUSIONS OF LAW
1. The Hearing Officer has jurisdiction in this matter by virtue of the Rules and Regulations of the Departments of Health and Education, the Wyoming Administrative Procedures Act, the Education of the Handicapped Act, and by stipulation of the parties hereto.
2. The proposed rules 6f the Department of Health governing the procedures to be followed in contested cases are SUbstantially similar to those of the Department of Education. It was appropriate to utilize them as if adopted, there being no objection from any of the parties.
3. Hearings before the Departments of Health and Education were properly joined. There were no objections to the joinder from any of the parties.
4. The standard of proof properly utilized in this matter is proof by a preponderance of the evidence.

- ,--
5. The Hearing Officer properly'took judicial notice of the Consent Decree in Weston ~ Wyoming state Training Scho~ C90-0004 (D. Wyo. 1991). However, the Hearing Officer was not appointed a hearing officer under that decree and this matter was not a contested case or dispute arising under that decree.
6, Placement in a public school in Sheridan would not be the most appropriate and least restrictive educational environment for Sara in light of the fact that her health care needs outside of school cannot be adequately provided for in a specialized horne care setting that would allow her to attend a public school in Sheridan.
7. Though a specialized horne care placement in Sheridan would undoubtedly be a more normalized living arrangement than p~acement in a BOCES institutional setting, it is not appropriate. 'The law does not require placement in the very least restrictive environment possible if that environment would have a negative impact on the individual's health and welfare.
8. Plac~ment of Sara in a BOCES facility is the least restrictive educational and most normali=ed residential placement available and appropriate to meet her particular needs at t~is time.
9. BHECC in Thermopolis was shown by a preponderance of the evidence to be somewhat better equipped to meet Sara's needs than the Gillette BOCES facility. Placement there should properly be pursued if there are no undue restraints of burdens created by placement outside the district supported facility.
10. Sara's placement should be reviewed and reconsidered regularly. It is desirable that she be placed in Sheridan in a home care setting if and when her needs change and such a placement becomes appropriate for her.
11. The Department of Health was correct in not trying to fully develop a specialized home care placement. Proving the ability to create a placement and establishing the likelihood that a placement could be developed was sufficient and proper given the circumstances of this case.
12. This decision is binding unless appealed. Any party feeling aggrieved by this decision may file an appropriate appeal in a court with proper jurisdiction.,

, .'

DECISION

Sara should be discharged from the Wyoming State Training School and transferred to a BOCES facility, preferably the Big Horn Basin Children's Center in Thermopolis, Wyoming. Sara is to remain in Lander until her placement in a BOCES facility is properly arranged and developed.

-.

DATED this 1st day of september, 1992,

STATE OF WYOMING DEPARTMENTS OF EDUCATION AND HEALTH

In Re Sara Kawulok

)

)

Jeffrey A. Schalow

)

Hearing Officer

)

)

)

Administrative Hearing

)

)

)

ORDER AMENDING CONCLUSIONS OF LAW

The hearing officer received on September 12, 1992 a Motion to Clarify Ruling from respondent, Sheridan County School District No.2. An Objection To The Motion To Clarify was filed by respondent, Wyoming State Department of Health. No other objections were received. Having reviewed the motion and the objection together with the original ruling the hearing officer decides that:
WHEREAS, this matter concerned closely related and intermingled health and education issues which could not sensibly be addressed independently; and,
WHEREAS, it is desirable that these issues be definitively resolved; and,
WHEREAS, certain of the conclusions of law addressing and relating such mingled is'sues are ambiguous and have apparently created confusion as to their meaning; and,
WHEREAS, the Hearing Officer desires to clarify his intent and his decision,
NOW THEREFORE, the conclusions of law set forth in the decision of September 1, 1992 are amended as follows:
Conclusion No.6 is amended to read:
Sheridan County School District No.2 should properly be considered the most appropriate and least restrictive educational environment for Sara; however, in light of her heal th care needs outside of school, which cann-ot be adequately provided for in a specialized home care setting, she cannot as a practical matter be placed within the school district for educational purposes.

Conclusion No.8 is amended to read: Placement of Sara in a BOCES facility is the most normalized residential placement available and appropriate to meet her particular heath care needs at this time. As a practical matter it would be appropriate for Sara to be educated at the same facility since placement in the least restrictive educational environment, her home school district, is not possible.
Schalow officer

COMPLIANCE ADYISORY BOARD

ANNA MARIA WESTON, by her guardian, Barbra Weston, et al.,
Plaintiffs,
vs.
WYOMING STATE TRAINING SCHOOL, e t al.,
Defendants.

) ) )
) CAB RESPONSE RE: ) REQUEST FOR REVIEW ) OF SARA KAWULOK ) DECISION
) ) CIVIL ACTION NO. C90-0004 ) ) ) )

On September 1, 1992, Hearing Officer Jeffrey A. Schalow entered a Decision regarding the challenged placement of Sara Kawulok. On or about September 14, 1992, Protection and Advocacy System, Inc. requested that CAB review the Hearing Officer's Decision. The state responded on September 17, 1992; the parents of Sara responded on September 21, 1992.
The CAB hereby finds that: 1. Sara Kawulok is a class member pursuant to Weston v. WSTS, Civil Action No. C90-0004,· U.S. District Court, District of Wyoming. As a class member Sara Kawulok is entitled to the rights and protections set forth in the Consent Decree in the abovereferenced case. 2. In accordance with prior interpretations of the Consent Decree, the proper avenue for review of this matter under Section 8.08 (b) of the Consent Decree is through the appeal process available under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415, rather than review by the CAB under Section 8.07 of the Consent Decree. Therefore, this matter is referred back to the
EXHIBIT
B

parties for further action in accordance with such determination.

Dated this 22nd day of September, 1992.

Peter D. Blanck

:" I.... ~UI"""

~ 'dr ,4· ./
("",,(1.

Sondra B. Kaska

COMPLIANCE ADVISORY BOARD

copy to:

Shirley Kingston
Michael ReeSe:
Danny Wilde Michael K. Davis

 UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

." ,

- ..

. ' ,." , . '" " "-

.. v

pn 7 )

lj C2

ANNA MARIA WESTON, by her

)

guardian Barbara Weston, et al., )

)

Plaintiffs

)

)

vs.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

civil Action No. C90-0004~

STIPULATED AGREEMENT

The parties met with CAB on November 18, 1993 to discuss and

resolve the status of the documentation process of the Consent

Decree. This Stipulated Agreement is entered into for the purpose

of documenting the current status of the terms, conditions, and

obligations of the Consent Decree.

The format for the

94

documentation and transmittal process is outlined as shown in

Attachments A and B and Exhibits I, II and III.

The items submitted under this process are to be weighed by the

Court in determining compliance with the Consent Decree. The

measure of whether there is compliance with the Consent Decree is

a judicial decision. Nothing in this Stipulated Agreement is

intended to waive or limit either party, at a later date, from

raising the issues agreed to herein and in determining compliance

with the Consent Decree.

The parties hereby agree that items will be transmitted in accordance with Exhibits I, II and III.

Entered into this 18th day of November, 1993.
'- ---~ --~ :1 ;~,,-,~. Protection & Advae~

, / /;!$./~J7

state of Wyoming j
APPROVED BY COMPLIANCE ADVISORY BOARD:
rpvc- ~~l~.
-IT"..J.- Cd .

ATTACHMENT A
Documentation for Transmittal Process:
1. The State will submit items in transmittal format and send a copy of the Transmittal Form to CAB. (Exhibit I)
2. Within 14 working days of receipt, Protection & Advocacy will review the Transmittal Form and indicate agreement or nonagreement. (Exhibit II)
3. copies of state Transmittal Form documents and P&A Response documents will be submitted by the State to CAB. Such documents will be maintained by CAB in an official Status file.
4. CAB will, within 14 working days, review the materials submitted, approve, invoke the dispute resolution process or indicate further action. When approved, there will be acknowledgement from CAB including appropriate signatures. (Exhibit III)
5. CAB will be responsible for submitting the official Status file to the Court.

ATTACHMENT B
Definitions:
For the purposes of Exhibits II and III, the definitions indicated below shall apply.
Agreement: An understanding of the parties regarding the status of Consent Decree items at a point in time, subject to re-opening of any subsequently disputed items based on newly discovered information or change in status.
Non-Agreement: Disagreement between the parties which shall be resolved by further cooperative action of the parties or through the already established dispute resolution process.

EXHIBIT I Sample Transmittal Form

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbara Weston, et al., )

)

Plaintiffs

)

)

vs.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

Civil Action No. C90-0004

CONSENT DECREE TRANSMITTAL

I.

To Protection & Advocacy for Department of

/

Health Education

Consent Decree section: ________~~------~~~----------------Number and Title

A. Description: B. Documents: C. Current Status: D. Future Responsibilities:

Date: ___________________________________ Signature(s)

EXHIBIT II sample P&A Response Form

UNITED STATES DISTRICT COURT DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbara Weston, et al., )

)

Plaintiffs

)

)

vs.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants.

)

civil Action No. C90-0004

PROTECTION , ADVOCACY RESPONSE
I.
From Protection & Advocacy to Department of ~__~~___/~~__~____ Health /Education
Consent Decree section: ______~~~------~~77---------------Number and Title
A. Agreement: B. Non-Agreement:

Date: __________________________________ Signature(s)

 Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 1 of 12
U.S. District Court District of Wyoming (Cheyenne) CIVIL DOCKET FOR CASE #: 2:90−cv−00004−ABJ

TERMED

Weston, et al v. WY State Tng Sch, et al Assigned to: Honorable Alan B Johnson Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Barbra Weston Guardian Anna Maria Weston
Plaintiff Kari Ellerbeck Next friend Debra Malmborg
Plaintiff Doris Lowe Next friend Earl Ladeburg

Date Filed: 09/01/1994 Date Terminated: 12/05/1994 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Danny S Wilde WYOMING ATTORNEY GENERAL 123 Capitol Building Cheyenne, WY 82002 307/777−7841 Fax: 777−6869 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael K Davis YONKEE &TONER P O Box 6288 Sheridan, WY 82801−6288 307/674−7451 Fax: 307/672−6250 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael H Reese The Colony Building 211 West 19th Street, Suite 400 Cheyenne, WY 82001 307/634−7648 Fax: 307/432−7522 Email: mike@mhrwylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 2 of 12

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Mike Romanjenko Next friend Steven Romanjenko

represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Brian Hall Next friend Jordan Brian Hall

represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Kaloni Hall Next friend Jordan Brian Hall

represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Shirley Henderson Next friend Stephen Wayne Henderson

represented by Danny S Wilde (See above for address) LEAD ATTORNEY

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 3 of 12

ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Duane Keown Guardian Timothy Duane Keown

represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Betty Pearson Guardian Timothy Duane Keown

represented by Danny S Wilde (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael K Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael H Reese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Wyoming State Training School

represented by Shirley Kingston 418 South 12th Street Laramie, WY 82070 307/745−3729 Email: greenkingston@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal FREUDENTHAL SALZBURG &BONDS P O Box 387 Cheyenne, WY 82003−0387 307/634−2240 Fax: 307/634−0336 Email: steve@wyolaw.com

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 4 of 12

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wyoming State Training School Superintendent in his official capacity also known as Robert Clabby, II

represented by Shirley Kingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Wyoming Department of Health

represented by Shirley Kingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wyoming Department of Health Director (Interim), in his official capacity also known as Ken Kamis

represented by Shirley Kingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wyoming Department of Education Public Instruction Superintendent in her official capacity also known as Diana Ohman

represented by Shirley Kingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wyoming Department of Education Administrative Head and Chief Executive Officer in her official capacity also known as Diana Ohman

represented by Shirley Kingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Wyoming State Board of Education

represented by Shirley Kingston (See above for address)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 5 of 12
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven F Freudenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Intervenor Albert Hamburg TERMINATED: 04/09/1990

Date Filed 01/03/1990 01/03/1990 01/03/1990 01/03/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/08/1990 01/10/1990 01/10/1990

# Docket Text
1 COMPLAINT (Summons(es) issued) Filing fee paid − $120.00 Receipt # 273857 (dktclerk) (Entered: 10/12/1994)
2 ATTORNEY APPEARANCE for plaintiffs by Danny Wilde (dktclerk) (Entered: 10/12/1994)
3 ATTORNEY APPEARANCE for plaintiffs by Michael R O'Donnell (dktclerk) (Entered: 10/12/1994)
4 ATTORNEY APPEARANCE for plaintiffs by Michael H Reese (dktclerk) (Entered: 10/12/1994)
5 RETURN OF SERVICE of summons on Stan Smith on 1/4/90 (dktclerk) (Entered: 10/12/1994)
6 RETURN OF SERVICE of summons on Jack Sidi on 1/4/90 (dktclerk) (Entered: 10/12/1994)
7 RETURN OF SERVICE of summons on Lynn Simons as Superintendent of Public Instructions on 1/4/90 (dktclerk) (Entered: 10/12/1994)
8 RETURN OF SERVICE of summons on Lynn Simons as a member of the board on 1/4/90 (dktclerk) (Entered: 10/12/1994)
9 RETURN OF SERVICE of summons on Steven E Zimmerman on 1/4/90 (dktclerk) (Entered: 10/12/1994)
10 RETURN OF SERVICE of summons on WY Dept of Health and Social Services on 1/4/90 (dktclerk) (Entered: 10/12/1994)
11 RETURN OF SERVICE of summons on Kenneth B Heinlein on 1/4/90 (dktclerk) (Entered: 10/12/1994)
12 RETURN OF SERVICE of summons on Mike Sullivan on 1/4/90 (dktclerk) (Entered: 10/12/1994)
13 RETURN OF SERVICE of summons on Kathy Karpan on 1/4/90 (dktclerk) (Entered: 10/12/1994)
14 RETURN OF SERVICE of summons on K Gary Sherman on 1/4/90 (dktclerk) (Entered: 10/12/1994)
15 RETURN OF SERVICE of summons on Sherri Lovercheck on 1/4/90 (dktclerk) (Entered: 10/12/1994)
16 RETURN OF SERVICE of summons on WY Board of Charities and Reform on 1/4/90 (dktclerk) (Entered: 10/12/1994)
17 RETURN OF SERVICE of summons on WY State Training School on 1/8/90 (dktclerk) (Entered: 10/12/1994)
18 RETURN OF SERVICE of summons on Robert Clabby II on 1/8/90 (dktclerk) (Entered: 10/12/1994)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 6 of 12

01/12/1990 01/25/1990 01/25/1990 01/29/1990 02/23/1990 02/23/1990 02/23/1990 03/08/1990 03/08/1990
03/16/1990 03/16/1990 03/26/1990 03/26/1990 03/26/1990 03/29/1990 04/02/1990
04/04/1990
04/04/1990
04/09/1990 04/12/1990 04/12/1990 04/16/1990 04/19/1990 04/19/1990 04/27/1990

19 RETURN OF SERVICE of summons on State Board of Education on 1/9/90 (dktclerk) (Entered: 10/12/1994)
20 ATTORNEY APPEARANCE by Dennis M Coll, Josephine Porter and Terry Armitage as attorneys for defendants (dktclerk) (Entered: 10/12/1994)
21 MOTION by defendant to extend time (dktclerk) (Entered: 10/12/1994)
22 ORDER by Honorable Alan B. Johnson granting motion to extend time to respond until 2/23/90 [21−1] (cc: all counsel mld 1/29/90) (dktclerk) (Entered: 10/12/1994)
23 MOTION by defendants for order requiring plaintiff to furnish more definite statement of claim (dktclerk) (Entered: 10/12/1994)
24 MOTION by defendants to dismiss (dktclerk) (Entered: 10/12/1994)
25 MEMORANDUM of points and authorities by defendants in support of motion to dismiss [24−1] (dktclerk) (Entered: 10/12/1994)
26 MOTION by plaintiffs for enlargement of time (dktclerk) (Entered: 10/12/1994)
27 ORDER by Magistrate William C. Beaman granting motion for enlargement of time to respond to motion to dismiss until 3/26/90 [26−1] (cc: all counsel) (dktclerk) (Entered: 10/12/1994)
28 MOTION by plaintiff to certify class action (jg) (Entered: 10/12/1994)
29 MEMORANDUM by plaintiff in support of motion to certify class action [28−1] (jg) (Entered: 10/12/1994)
30 MOTION by plaintiff to amend complaint (jg) (Entered: 10/12/1994)
31 RESPONSE by plaintiffs to motion to dismiss [24−1] (jg) (Entered: 10/12/1994)
32 MEMORANDUM by plaintiffs in support of motion response [31−1] (jg) (Entered: 10/12/1994)
32 MOTION (PETITION) to intervene as 3d party plaintiff (A Hamburg) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)
32 NOTICE setting hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 10:30 4/6/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)
33 NOTICE RESETTING hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 8:30 4/19/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)
34 ORDER by Honorable Alan B. Johnson setting hearing before Honorable Alan B. Johnson on all pending motions at 8:30 am on 4/19/90 in Casper (cc: all counsel) (jg) Modified on 10/13/1994 (Entered: 10/12/1994)
35 ORDER by Honorable Alan B. Johnson denying motion to intervene as 3d party plaintiff (A Hamburg) [32−1] (cc: counsel) (jg) (Entered: 10/12/1994)
36 PETITION by Albert Hamburg for writ of mandamus (jg) (Entered: 10/12/1994)
37 OPPOSITION by defendants to motion to amend complaint [30−1] (jg) (Entered: 10/12/1994)
38 ORDER by Honorable Alan B. Johnson denying petition [36−1] (cc: all counsel) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)
39 OPPOSITION by defendants to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)
40 MEMORANDUM (BRIEF) by defendants in opposition to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)
41 STIPULATION to establish framework for settlement (jg) (Entered: 10/12/1994)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 7 of 12

04/27/1990 04/30/1990 07/13/1990 07/13/1990 07/24/1990
07/25/1990 07/25/1990
08/01/1990 08/10/1990 08/10/1990 08/10/1990 08/10/1990 08/10/1990 08/15/1990
08/15/1990
08/17/1990 08/17/1990 08/17/1990 08/17/1990 08/17/1990 08/17/1990 08/22/1990 08/22/1990

42 STIPULATION re class action certification [28−1] (jg) (Entered: 10/12/1994)
43 ORDER by Honorable Alan B. Johnson granting motion to certify class action [28−1] (cc: all counsel) (jg) (Entered: 10/12/1994)
44 STIPULATION on immediate needs issues (jg) (Entered: 10/12/1994)
45 AMENDMENT (MODIFICATION) of stipulation [44−1] (jg) Modified on 10/13/1994 (Entered: 10/12/1994)
48 ORDER by Honorable Alan B. Johnson re stipulation on immediate needs issue: adopted as a resolution and compromise of part of the issues and is incorporated within this order; FURTHER ORDERED that attached notice of partial compromise shall be given to all members of the class by publication in newspapers in Lander, Casper and Cheyenne; State of Wyoming to bear costs of publication [44−1] (cc: all counsel) (jg) (Entered: 10/12/1994)
46 NOTICE of pendency of class action (jg) (Entered: 10/12/1994)
47 ORDERED, ADJUDGED AND DECREED by Honorable Alan B. Johnson that stipulation dated 4/24/90 be modified re modification of stipulation [45−1] (cc: all counsel) (jg) (Entered: 10/12/1994)
49 NOTICE OF PARTIAL COMPROMISE (Judge Johnson; mld 8/2/90) (jg) (Entered: 10/12/1994)
50 MOTION by plaintiffs' attorneys for interim costs and fees (jg) (Entered: 10/12/1994)
51 AFFIDAVIT of Jeanne Kawcak in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)
52 AFFIDAVIT of Michael J O'Donnell in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)
53 AFFIDAVIT of Michael H Heese in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)
54 AFFIDAVIT of Danny S Wilde in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)
55 NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)
56 NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)
57 MEMORANDUM by plaintiffs in support of motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)
58 MOTION by defendants to continue (jg) (Entered: 10/12/1994)
59 REQUEST by defendants for evidentiary hearing (jg) (Entered: 10/12/1994)
60 OPPOSITION (OBJECTION) by defendant to motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)
61 OBJECTION by plaintiff to request for evidentiary hearing [59−1] and to motion for continuance [58−1] (jg) (Entered: 10/12/1994)
62 RENEWAL OF MOTION by defendant to continue (jg) (Entered: 10/12/1994)
63 BRIEF by plaintiff regarding entitlement to interim attorneys' fees [50−1] (jg) (Entered: 10/12/1994)
64 CIVIL MINUTE SHEET: re request for evidentiary hearing [59−1]; re motion for continuance [58−1]; re motion for interim fees and costs [50−1] (jg) (Entered: 10/12/1994)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 8 of 12

08/30/1990 09/28/1990 12/06/1990
03/31/1991 06/14/1991 06/28/1991
07/01/1991
07/16/1991 08/05/1991 10/31/1991 11/04/1991 11/05/1991 02/18/1992 02/21/1992 02/25/1992 02/27/1992 03/23/1992 06/09/1992 09/30/1992 10/05/1992 10/09/1992 10/09/1992
10/30/1992

65 BRIEF IN OPPOSITION to motion for interim costs and fees [50−1] and renewed request for evidentiary hearing (jg) (Entered: 10/12/1994)
REMARK: attorneys called re location of conference on 10/5/90 in Cheyenne (not Casper) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)
66 MOTION by plaintiffs to compel (provide) immediate access to Protection &Advocacy System of all records of class members at Wyo State Training School (jg) (Entered: 10/12/1994)
67 STIPULATED AGREEMENT (for settlement) (jg) (Entered: 10/12/1994)
68 STIPULATION for Agreement (jg) (Entered: 10/12/1994)
69 ORDER by Honorable Alan B. Johnson: stipulation on atty fees and other costs is accepted [50−1]; FURTHER ORDERED Clerk of Court accept funds and remit same to agent of Protection and Advocacy System Inc (cc: all counsel) (jg) (Entered: 10/12/1994)
70 CONSENT DECREE AND ORDER by Honorable Alan B. Johnson: decree shall continue in full force until 12/31/94; Compliance Advisory Board shall submit a final written report to the Court prior to entry of the dismissal of this action(cc: all counsel) (jg) (Entered: 10/12/1994)
71 AFFIDAVITS of publication (jg) (Entered: 10/12/1994)
72 APPENDIX "A" filed by defendant (jg) (Entered: 10/12/1994)
74 INDEPENDENT DEATH REVIEW COMMITTEE &PROCEDURES (jg) (Entered: 10/12/1994)
75 COMPLIANCE ADVISORY BOARD first fifteen and one half month budget (jg) (Entered: 10/12/1994)
73 SIX−MONTH REVIEW &REPORT by plaintiff to Compliance Advisory Board (jg) (Entered: 10/12/1994)
76 FINDINGS &DIRECTIVES OF THE COMPLIANCE ADVISORY BOARD re 4−year plan dispute (jg) (Entered: 10/12/1994)
77 STIPULATION modifying consent decree (jg) (Entered: 10/12/1994)
78 MOTION by defendant WY Brd Education for amendment (modification) of consent decree (jg) (Entered: 10/12/1994)
79 FIRST ORDER MODIFYING CONSENT DECREE by Honorable Alan B. Johnson [78−1] (cc: all counsel) (jg) (Entered: 10/12/1994)
80 NOTICE by plaintiffs of SIX−MONTH REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)
81 REMARK: COMPLIANCE ADVISORY BOARD − from Wiederspahn Lummis &Liepas (jg) (Entered: 10/12/1994)
82 PETITION for judicial review (jg) (Entered: 10/12/1994)
83 NOTICE: THIRD ANNUAL REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)
84 MOTION by defendant WY Brd Education to strike , dismiss or deny petition for judicial review of Kawulok Placement decision (jg) (Entered: 10/12/1994)
85 MEMORANDUM by defendant WY Brd Education in support of motion to strike [84−1], of motion dismiss or deny for judicial review of Kawulok Placement decision [84−2] (jg) (Entered: 10/12/1994)
86 NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 9:00 11/5/92 in Cheyenne, setting hearing before Honorable Alan B. Johnson on the motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] at 9:00 11/5/92 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 9 of 12

10/30/1992
11/04/1992 11/04/1992
11/20/1992 12/02/1992
09/28/1993 10/15/1993 11/22/1993 03/25/1994 03/25/1994 04/07/1994
04/07/1994 04/15/1994 04/15/1994
04/18/1994 04/18/1994 04/22/1994 04/29/1994 04/29/1994 04/29/1994 05/02/1994 05/02/1994

87 NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 8:00 11/5/92 in Cheyenne, setting hearing before Honorable Alan B. Johnson on the motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] at 8:00 11/5/92 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)
88 STIPULATION of continuance (jg) (Entered: 10/12/1994)
89 ORDER by Honorable Alan B. Johnson vacating hearing re motion to strike [84−1], vacating hearing re motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] on 11/5/92 (cc: all counsel) (jg) (Entered: 10/12/1994)
90 NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 8:00 12/2/92 in Casper (cc: all counsel) (jg) (Entered: 10/12/1994)
91 ORDER by Honorable Alan B. Johnson: all medical and residential issues re Sara Kawulok should be remanded to Compliance Advisory Board for decision and further finds that Sara Kawulok's educational placement at BOCES is temporarily subject to the CAB decision; further proceedings will comply with provisions of stipulated agreement and consent decree entered herein; parties shall bear their own costs [84−2] (cc: all counsel) (jg) (Entered: 10/12/1994)
92 REPORT to Compliance Advisory Board by State of Wyoming (jg) (Entered: 10/12/1994)
93 ATTORNEY SUBSTITUTION: Shirley Kingston substituted for Dennis M Coll (jg) (Entered: 10/12/1994)
94 STIPULATED AGREEMENT re documenting the current status of the terms, conditions and obligations of the Consent Decree (jg) (Entered: 10/12/1994)
95 NOTICE by plaintiffs: SIX−MONTH REVIEW AND REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)
96 LETTER re sixth semi−annual report of Consent Decree (jg) (Entered: 10/12/1994)
97 PETITION to Compliance Advisory Board for appointment of hearing officer and review of recommendation of residential placement of Sara Kuwulok and review of medical recommendation (jg) (Entered: 10/12/1994)
98 REMARK: COMPLIANCE ADVISORY BOARD DIRECTIVE re Sara Kawulok (jg) (Entered: 10/12/1994)
99 OBJECTIONS to Compliance Advisory Board Directive [98−1] (jg) (Entered: 10/12/1994)
100 MEMORANDUM information re all medical and residential issues; PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; and proposed compliance advisory board directive filed by WY Attorney General (jg) (Entered: 10/12/1994)
101 PRAECIPE by Robert and Debra Kawulok for filing (jg) (Entered: 10/12/1994)
102 MOTION by Robert &Debra Kawulok to stay CAB directive of 4/7/94 and for determination of CAB authority (jg) (Entered: 10/12/1994)
103 Compliance Advisory Board FINDINGS AND DIRECTIVES re Sara Kawulok (jg) (Entered: 10/12/1994)
104 MOTION to stay and set aside CAB directive of 4/20/94; and (jg) (Entered: 10/12/1994)
104 NOTICE OF APPEAL by Robert and Debra Kawulok (jg) (Entered: 10/12/1994)
105 REMARK: STATE'S POSITION re: Sara Kawulok (jg) (Entered: 10/12/1994)
106 RESPONSE (REPLY) by plaintiff to motion to stay CAB directive of 4/7/94 and for determination of CAB authority [102−1] (jg) (Entered: 10/12/1994)
107 REQUEST by plaintiffs for hearing (jg) (Entered: 10/12/1994)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 10 of 12

05/09/1994 05/20/1994
05/27/1994 06/06/1994 06/08/1994 06/23/1994 06/27/1994
07/01/1994 07/01/1994 07/01/1994 07/01/1994
07/06/1994 07/15/1994 07/22/1994 07/22/1994 07/27/1994 08/02/1994 08/05/1994 08/08/1994 08/10/1994 08/15/1994 08/15/1994 08/16/1994

108 NOTICE setting hearing before Honorable Alan B. Johnson on all pending motions at 8:30 am on 6/23/94 in Cheyenne (cc: all counsel) (jg) (Entered: 10/13/1994)
109 REQUEST by plaintiff for hearing to determine whether defendant should be released from terms and conditions of Weston Consent Decree (jg) (Entered: 10/13/1994)
110 REQUEST by defendant WYDOH, defendant WY Board of Education for prehearing conference (jg) (Entered: 10/13/1994)
111 RESPONSE by Robert and Debra Kawulok to request for prehearing [110−1] (jg) (Entered: 10/13/1994)
112 NOTICE : pre−hearing and scheduling conference set for 6/23/94 at 8:30 am (cc: all counsel) (jg) (Entered: 10/13/1994)
113 CIVIL MINUTE SHEET: hearing held re jurisdictional basis hearing officer − placement and procedures; hearing briefs due 7/1/94 (jg) (Entered: 10/13/1994)
114 ORDER FOR HEARING by Honorable Alan B. Johnson : in−court hearing re jurisdiction and disputed procedural matters set for 7/6/94 at 1:30 pm; briefs to be submitted no later than 7/1/94 (cc: all counsel) (jg) (Entered: 10/13/1994)
115 MEMORANDUM in support of Kawulok's appeal [104−1], of motion to stay and set aside CAB directive of 4/20/94; and [104−1] (jg) (Entered: 10/13/1994)
116 MEMORANDUM (BRIEF) re certain procedural issues with respect to Sara Kawulok (jg) (Entered: 10/13/1994)
117 NOTICE of State's POSITION on jurisdiction and procedure re Sara Kawulok (jg) (Entered: 10/13/1994)
118 MEMORANDUM information re all medical and residential issues; PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, and proposed compliance advisory board directive (jg) (Entered: 10/13/1994)
119 CIVIL MINUTE SHEET: re motion to set aside [104−1] taken under advisement (jg) (Entered: 10/13/1994)
120 ORDER by Honorable Alan B. Johnson on compliance advisory board directive (cc: all counsel) (jg) (Entered: 10/13/1994)
121 NOTICE of noncompliance re residential placement of Sara Kawulok (jg) (Entered: 10/13/1994)
122 NOTICE OF APPOINTMENT of special assistant attorney general − Steven Freudenthal appointed by Joseph B Meyer (jg) (Entered: 10/13/1994)
123 ATTORNEY APPEARANCE by Steven Freudenthal for State of Wyoming (jg) (Entered: 10/13/1994)
124 RESPONSE by Kawulok to notice of noncompliance [121−1] (jg) (Entered: 10/13/1994)
125 REQUEST for review by CAB pursuant to Section 8.07(c) (jg) (Entered: 10/13/1994)
126 MOTION by defendants to strike request for setting , or in the alternative for more definite statement (jg) (Entered: 10/13/1994)
127 RESPONSE by State of Wyoming to notice of noncompliance re Sara Kawulok [121−1] (jg) (Entered: 10/13/1994)
128 NOTICE of Compliance Advisory Board DIRECTIVE re Sara Kawulok (jg) (Entered: 10/13/1994)
129 NOTICE : hearing on all pending motions set for 8/26/94 at 8:30 am (cc: all counsel) (jg) (Entered: 10/13/1994)
130 RESPONSE by plaintiffs to motion to strike request for setting [126−1], to motion for more definite statement [126−2] and to reaffirm its request for setting (jg)

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 11 of 12

08/26/1994 08/26/1994
09/09/1994 09/09/1994 09/09/1994 09/12/1994 09/19/1994 09/19/1994 09/21/1994 09/22/1994
09/28/1994 09/29/1994
10/14/1994 10/14/1994
10/14/1994 10/14/1994 10/14/1994

(Entered: 10/13/1994)
131 CIVIL MINUTE SHEET: hearing held on plaintiff's request for setting and defendant's objections (Court will enter scheduling conference) [Rptr: Arnold] (jg) (Entered: 10/13/1994)
132 SCHEDULING ORDER by Honorable Alan B. Johnson : motion filing ddl 9/9/94; responses due 9/19/94; final pretrial conference set for 12/2/94 at 1:30 pm in Cheyenne; nonjury trial set for 12/12/94 at 1:30 pm in Cheyenne; initial pretrial and discovery conference set for 9/22/94 at 8:30 am (cc: all counsel) (jg) (Entered: 10/13/1994)
133 MOTION by plaintiffs for compliance (jg) (Entered: 10/13/1994)
134 MEMORANDUM by plaintiffs in support of motion for compliance [133−1]; and issuance of order to extend consent decree (Addendum A filed separately) (jg) (Entered: 10/13/1994)
135 MOTION by plaintiff to exceed page limitation (jg) (Entered: 10/13/1994)
136 ORDER by Honorable Alan B. Johnson granting motion to exceed page limitation [135−1] (cc: all counsel) (jg) (Entered: 10/13/1994)
137 OPPOSITION by defendants to motion for compliance [133−1] (jg) (Entered: 10/13/1994)
138 RESPONSE by defendants to motion for compliance [133−1] (jg) (Entered: 10/13/1994)
139 MOTION by defendants to substitute real parties in interest (jg) (Entered: 10/13/1994)
140 ORDER by Honorable Alan B. Johnson granting motion to substitute real parties in interest [139−1]: defendants are now and hereafter held to be WY State Training School, Robert Clabby II in his official capacity as Superintendent of the WSTS, WY Dept of Health, Ken Kamis in his official capacity as Interim Director of the WYHD, Diana Ohman in her official capacity as Superintendent of Public Instruction and as Administrative Head and Chief Executive Officer of the WYDE and WY State Board of Education (cc: all counsel mld 9/23/94) (jg) (Entered: 10/13/1994)
141 SUPPLEMENTAL PLEADING by defendants (jg) (Entered: 10/13/1994)
142 ORDER ON INITIAL PRETRIAL CONFERENCE by Honorable Alan B. Johnson : motion filing ddl 11/4/94; responses due 11/15/94 discovery ddl 11/23/94; nonjury trial set for 12/12/94 at 1:30 pm in Cheyenne; motions set for hearing on 11/18/94 at 8:00 am (cc: all counsel) (jg) Modified on 10/13/1994 (Entered: 10/13/1994)
143 MINUTES (COURTROOM MINUTE SHEET): settlement hearing; agreement put on record ( Ct Rptr: Nordberg ) (dktclerk) (Entered: 10/17/1994)
144 ORDER by Honorable Alan B. Johnson ; to vacate order on initial pretrial conference and to provide for notice to class members by publishing said notice in newspaper(s) of general circulation within State of Wyoming; In−court hearing held 10/14/94 (cc: all counsel handed to attorneys 10/14/94) (dktclerk) (Entered: 10/17/1994)
145 JOINT MOTION for court action to approve settlement agreement (dktclerk) (Entered: 10/17/1994)
146 SETTLEMENT AGREED by parties for purposes of formally recognizing certain ongoing obligations of the defendants with respect to services and supports for prople with developmental disabilities (dktclerk) (Entered: 10/17/1994)
147 NOTICE to class members notifying same that copies of settlement agreement are available at Wyoming State Training School, USDC at the Court in Cheyenne and Caper and administrative offices of Protection &Advocacy Systems Inc; protests to be received by 12/2/94; protests to be sent to USDC, Clerk, Cheyenne, Wy; court

Case: 2:90-cv-4 As of: 10/10/2012 10:26 AM MDT 12 of 12

10/25/1994 10/27/1994 12/02/1994 12/02/1994 12/05/1994
12/05/1994 12/05/1994 01/06/1995 01/17/1995
02/28/1996 12/30/1996 12/30/1996 12/30/1996

has reserved afternoon of 12/2/94 for hearing concerning any objections which are filed (dktclerk) Modified on 10/17/1994 (Entered: 10/17/1994)
148 MOTION to withdraw (jl) (Entered: 10/25/1994)
149 ORDER by Honorable Alan B. Johnson granting motion to withdraw [148−1]; Michael R O'Donnell allowed to withdraw (cc: all counsel 10/27/94) (dn) Modified on 11/07/1994 (Entered: 10/27/1994)
150 AFFIDAVIT of Jeanne A Thobro regarding notice to class members (dktclerk) (Entered: 12/02/1994)
151 RESPONSE to proposed settlement by State of Wyoming, Governor's Planning Council on Developmental Disabilities [147−1] (dktclerk) (Entered: 12/05/1994)
152 ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING ACTION by Honorable Alan B. Johnson: granting motion for court action to approve settlement agreement [145−1] dismissing case ; settlement agreement dated 10/14/94 is approved, Compliance Advisory Board relieved of requirement to submit final written report, consent decree and order dated 7/1/91 shall continue in force force until 12/31/94 at which time it will terminate, settlement agreement dated 10/14/94 shall become effective 1/1/95, except as provided in settlement agreement the parties shall bear their own attorney fees and costs, dismissal with prejudice will be effective as of 12/31/94 (cc: all counsel &EOD 12/5/94) (dn) (Entered: 12/05/1994)
153 AFFIDAVIT of publication by Sheridan Press (dktclerk) (Entered: 12/06/1994)
154 AFFIDAVIT of publication by Sheridan Press re notice to class members (dktclerk) (Entered: 12/06/1994)
155 JOINT RESPONSE by parties to Rose M Kor's letter of 12/2/94 (dktclerk) (Entered: 01/09/1995)
156 ORDER ON LETTER OF ROSE M KOR AND JOINT RESPONSE by Honorable Alan B. Johnson that no action will be initiated by the Court to amend the settlement agreement dated 10/14/94 in view of the inability of the Court to anticipate the future factual background that may affect appropriation of funds for the Division of Developmental Disabilities (cc: all counsel mld 1/17/95) (dktclerk) (Entered: 01/17/1995)
157 STATUS REPORT by defendants for the year 1995 (dktclerk) (Entered: 02/28/1996)
158 NOTICE by plaintifs of filing monitoring information (monitoring information filed in black three−ringed binder) (dktclerk) (Entered: 12/31/1996)
159 NOTICE of transmittal of final report of the quality assurance committee (report filed in red three−ringed binder) (dktclerk) (Entered: 12/31/1996)
160 NOTICE of transmittal of documents: finding practical applications for research methods, success stories of people served, HCBS funding, overcoming social barriers, predicting fiscal impacts, european journal on mental disability, overcoming social barriers and activities, quality enhancements, downsizing the institution in America's most rural state, cost of service provision, prediction of cost, rates and staffing (publications filed in brown expandable folder) (dktclerk) (Entered: 12/31/1996)

 .- ......

......... - .'.' , "t \. ...; IN TIIE UNITED STATES DISTRICf COURT

" . ~. r;,
";"J •••• • -.J'

FOR TIIE DISTRICf OF WYOMING

ANNA MARIA WESTON, by her )

guardian Barbra .Weston, et aI., )

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING

)

SCHOOL, et al.,

)

)

Defendants,

)

CIVIL ACTION NO. C90-OQ04

NOTICE OF PARTIAL COMPROMISE

To: All individuals with mental retardation currently at the Wyoming State Training School, or who are currently or may in the future be at risk of placement at the Wyoming State Training School, including youths from birth to 21 years, adults and senior citizens.
A partial resolution and compromise of some of the issues in this action has been reached and has been approved by this Court.

4'1

NOTICE IS HEREBY GIVEN that the parties to this action have reached an agreement which has been approved by this Court to establish a team of experts to review, make recommendations and implement measures required to reduce or eliminate immediate risks and address the immediate needs of the clients of the Wyoming State Training School.
Alan B. Johnson United States District Court Judge

 Danny S. Wilde Michael H. Reese Michael R. O'Donnell Attorneys for Plaintiffs Protection & Advocacy System, Inc. 2424 Pioneer Avenue, Suite 101 Cheyenne, Wyoming 82001
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING

'. ,
7f

ANNA MARIA WESTON, by her

)

guardian Barbra Weston, et aI.,

)

)

Plaintiffs,

)

)

v.

)

)

WYOMING STATE TRAINING SCHOOL, )

et aI.,

)

)

Defendants.

)

CIVIL ACTION NO. C90-0004

Comes Now, undersigned counsel by and for the class as certified by the Court on April 30, 1990, files the attached "Affidavits of Publication" as
published in the Wyoming Eagle, Casper Star-Tribune and Riverton Ranger
to comply with Rule 23(a) of the Federal Rules of Civil Procedure for
no<irk"i" of P'opo,,' ,,,d'm'" '0 'he d'~ BY:~ 'M~i~ch~a~e~I~R~ee=s=e~-------------
2020 Carey Avenue, Suite 704 Cheyenne, Wyoming 82001 .(307) 638-6785

Proof of Publlcation-

TifF-STAn; OF WYOMING (ounty of Laramie

I 53.

AFFIDAVIT

b ~t.M .. Brown of said County of Laramie

t~mt~ ~Irs! dul~ sworn, deposes and say~

.r~larttsahtaldaunloey..soIwSf

saVidicCe oPunrteysoi(dLeanrt~·mioer

L D b: .

orn, deposes and says tIhaetlOheg

IS e Office Manager of the

The Wyoming Eagle

'!'r____ One
times, lo-wit: .~~-------
April 12, 1991

n A.D. 19-__
~n~d~hinl:stl!Ublication C?f said notice was
a paper bearmg date
A ril

MV~~.lac?ne~ Sa~gP{ermer,seeiddbeiynntt,mheoyrapfLroe.Drsee.snaCciadetaaRln~dMn~s•wBOorfro(nwicnt~o

this _ _ _ _--'-/-'-S~~_ _ _ __

Day oC..
My commission

expCi#Sc:

i

J

. 9) 19_ -

Feb 4, 1992

Le• •1 Nollce

Le••1Nollce

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

8Uardlan Barbr. Weston,

)

et a\.,

)

)

PlalntllTl,

)

)

v.

) CML ACTION NO. C90-0004

)

WYOMING STATE TRAINING

)

SCHOOL, et ai.,

)

)

Defendants.

)

NOTICE TO CLASS MEMBERS

On January 3,1990, the above-captioned lawsuit was flied in the Feder-

al Court for the DI.trlct Court of Wyoming regarding conditions at the Wyom·

Ing State Training School (WSTS). This suit was med a. a clas..ctlon on behalf

of the Individuals regl.tered on the role. ofWSTS on the date the Complaint

was med and for Individuals at risk belnl placed at WSTS.

The cla.s was .ub.equently certlned by the Court on April 30, 1990 as

"all Individual. with mental retardation currently at WSTS, or who are cur·

rently or may In the future be at risk of placement at WSTS, Includlnl youth.

from birth to 21 yea.., adults and .enlor citizen.".

A proposed .ettlement of thl. lawsuit has been reached with the State

o(Wyomlngln a SS page Stipulation Agreement You may review a copy of

the propo.ed Stipulation Agreement at the followlnl places:

A. The administrative omees of the Wyoming Stale Training School In

Lander, Wyoming;

B. The Clerk of the U.S. District Courtatthe Court In Cheyenne and Casp-

er, Wyoming.

A summary of the Stipulation Agreement Is contained below.

M a member of the class, you have a right under the Federal Rule. of

Civil Procedure, Rule 23(0), to receive notice of the settlement The settlement

I. subject to the approval of the Court Moreover, If you feel that the term.

and conditions ofthe settlement are unfair or unjust, you may me a written

objection. Any objection you make must be received by May 10, 1991. Send

your objection to the Clerk of U.S. District Court, P.O. Box 727, Cheyenne,

Wyoming 82002.

It would be helpl\lI If you would give the page and paragraph number

of each provl.lons ofthe Stipulation Agreement that you wish to object, and

the reason. for your objection. !fyou have any question. about your Indlvld·

ual rights under the Stipulation Agreement, or Its term. and conditions, you

can write to the attorneys representing the clas. or the State of Wyoming:

Attorney. for the Cla.s: Michael Reese

Danny Wilde

Wledenpahn, Lummi. &:

General Counsel

Llepas, P. C.

Protection" Advocacy

2020 Carey Avenue, #704

System, Inc.

Cheyenne, Wyoming 82001

2424 Pioneer Avenue, #101

Cheyenne, Wyoming 82001

Attorney for the Stale ofWyoming:

Dennl. M. Coli

Senior Assistant Attorney General

State Capitol Building

-

"C-.&h. e'"y'_eLon.n...e...,...W...dyt aolmn liin.Ag

82002 summary

of the

Stlpulation Agreement

How-

- -._-- -- A..n ...Ulv•. and

AFFluAVIT OF PUBLlCA(ION

STATE OF WYOMING ss.
" ITY OF FREMONT

, do solemnly

10 The Riverton Ranger, Riverton, Wyoming

Thursday, A that I am the Publisher or the Associate

•
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING
ANNA MIIRIA WESTON, by her
guardian Barbra Weston, at al., Plaintiffs,
v. WYOMING STATE TRAINING SCHOOL ET AL .. DEFENDANTS
CIVIL ACTION NO. C90-0004 NOTICE TO CLASS MEMBERS

her of THE RIVERTON RANGER, THE TON REVIEW, AND THE RIVERTON TIMES,
y paper of general circulation, published times a week at Riverton, Fremont

On January 3, 1990, the above-captioned lawsuit was filed in the Federal Court for

.

the District Court of Wyoming regarding condilions at the Wyoming Slate Training I, Wyomtng, that the notice a1toched

School (WSTS). This suit was filed as a class action on behalf of the individuals

mgistnrcd on the roles of WSTS on the date the Complaint waS filed and for and which is a port of this
individuals at risk placed at WSTS.
The class was subsequently certified by the Court on April 30, 1990 as ~a"
individuals with mental retardation currently at WSTS, or who are currentty or may in ,bl ished in said newspaper for

affidavit,
/

the futuro be at risk of placement at WSTS. induding youths from birth to 21 years,

adults nnd senior citizens:

tttive-weeks (issue,,) the first publication

A proposed settlement of this lawsuit has been reached with the State of Wyoming in a 66 page Stipulation Agreement. You may review a copy of the proposed

/Itl.'

Slipulation Agree"",nl at the following places:

been on the _ ___

of -'L-/"L.- .,I21 "",v;''.u.(-,fc.l~_

A. The administrative offices of the Wyoming State Training School in lander,
Wyoming; B. The Clerk of the U. S. Dislncl Court at the Court in Cheyenne and Casper.
Wyoming.
A surnmnry 01 the Slipulntion Agreement is contained below.

19 CZI
L "--'41---
' f,=-. day

and the last publication on
of ..U/' ,p t c"_L____.___ , A.D.,

As !l member of tho class, you have a right under the Federal Rules of Civil

Procedure, Rule 23(a), to receive notice of the settlement. The settlement is subject _, that said notice was published in to the approval of the Court. t.Aoreover, if you feel thatlhe terms and conditions of the

soltlumcnl are unfair or unjust, you may file a written objection. Any objection you
mako musl be received by May 10.1991. Send your objection to Ihe Clerk of U.S. ular and fhe entire issue of every num-

District Court, P.O. Box 727. Cheyenne, Wyoming 82002

It would be helpful if you would give the page and paragraph number 01 each the paper during the period and times provision of the Stipulation Agreement that you wish to object, and the reasons for

your objection. If you have any questions about your individual rights under the
Stipulation Agreement, or its terms and conditions, you can write to the attorneys ication, and that the notice was pub-

representing the class or the State of Wyoming'.

Attorneys for the Class; Michael Reese

Danny Wilde

n the newspaper and not in a supple-

Wicoorspahn, lummis &

General Counsel

lir.pas, P.C. 2020 Carey Avenue, II 704 Cheyenne, Wyoming 82001

Protection & Advocacy System, Inc. 2424 Pioneer Avenue 11101

Cheyenne, Wyoming 82001

- A-ttorney--for

the
~

State

01

Wyoming:

:~. rill:. '1,'JI1L~.' :JT:.,rES ~~Icr (~(X,;,T
,"l)f1 'H:: :"I',T':ICT
()F ':1,' ~.1!\:,; ANNA I.1A~I.~ ':.. ', T'l'J
b\ I'p~ ': I,,'
Barbr,\ \,,,, L'r' ,.' ,1
,PJalllrdt"
WYOMrrl(; ,~",rF. TRAINn~G "C.~1"" L et dl Defeflddl'lS CIVIL Acr:o',
NO C90·,;C,O" NQTlCETO
CLASS MEMBERS On Jo,inuar,' 3 1990 the above-caot,O!:ed ia....swl was
Illed 111 thf' Federal Court 'or Ihe District Court ot Wyom,ng
regard:ng conditions at :~e Wyom,nQ Stale Trillnlng SChOOl (WSTSI nllS SUit 'Nas 1,led as a class action on aenalf 01 the ,n· divlduals rglslered on Ine roles 01 WSTS on Ihe cale the Complalf1t Wf1S toled and lor IndIViduals at rlS~ being placed at
WSTS The class was subsequently certified by the Court on Apnl 30, 1990 as All Individuals with mental relardatlon currently at WSTS, ar who are currently or may In the tuture be at rlS~ 01 placement at WSTS, In-
cluding youths trom birth 10 2'
years. adults and senior Citizens" A proposed setllement 01 thiS
lawsUlI nas been reached with the Slate ot Wyoming In a 66 page Stipulation Agreement You may review a COpy 01 the proposed StIpulation Agreement at the lollowing places
A. The admlrtlstratlve offices of the Wyoming Slate Tra(nlng School In Lander. Wyoming:
B. The Cler~ ot the U.S District Court at the Court In, Cheyenne and Casper, Wyom-
ing. A summary of the StIpulation Agreement IS contained below As a member :>1 ttle class you have a right under th~ Federal Rules of CiVil Procedure. Rule 23{a), to receIVe notice of the settlement The settlement IS sUDlee! to ttle approv;)1 01 the Court Moreover. If you feel tllat Ihe terms and conditions of the settlement are unfair or unjust. you may file a written objection Any oblectlon you ma~e must be received by May to, 1991 Send your objection to the Clerk of U S Oistnct Court. PO Bo)( 727 '::heyenne, Wyoming 82002. ' it would be helpful If you would give Ihe page and paragraph number of each proViSion ot the Stipulation Agreement that you wish to object. and Ihe reaso~s for your oblection. If you have any queslions about your Individual rights under Ihe Stipulabon Agreement, or ItS terms and conditions, you can write to Ihe attorneys representing the class or the State of Wyoming: Attorneys for the Class Micl'1aej Reese Wiederspahn, Lummis & Lelpas j C

-.', ...

2C','':' elf",V Ayenu>;: 'I7C4 C: ",',·,nne Wyo(1'ln'1 0200 I o 'ny,\I,lce

G, neral Counsel p· ... : e ..:;:,0n ,i ,.1,d.C;;3G", System Inc 2424 Pioneer A~enue ~ 1C 1
Cheyenne. Wyoming 8200 1
Attorney for the State of Wyoming DenniS M: 'COII

Senror ASSistant Attorney General State CapItol BUIlding
Cheyenne. Wyoming 82002
The list below contains a
summary ot the Stipulation
Agreement However, this
summary does not purpOl1 to
be comprehenSive or delinlhve and reference should be mad~ to the lull Agreement tor ttle complete detaIls of 311 terms and conditions

1. The Stlpulallon Agreement

sets a bed liml! at WSTS of 161

by December 31. 1994. With

Ihe understandIng Ihat an addItional 29 beds are resef"lled on-

ly the the Health Care Center

DUring Ihe duration of thiS,

Agreement the number all

class members at WSTS WIll be

gradually reduced to meet Ihe

above-cited number

,

2. Standards relating to slaff-i

Ing and the phYSical enVlfon-'

men! are established. such thaq

staffIng ratIos Will be Improvedl

at WSTS and that there will be, Dhyslcal improvements to thel faCilities at WSTS

3 All class members will; have an Individual Program Plan (lPPJ to be enforced by the; Stale of Wyoming and implemented Within certain time
deadlInes. 4 Class members who leave WSTS Will be placed In community programs and shall receNe servIces as Identified In the IPP

5 All class members In the community will have an Independent cae manager who advocates on and lor their behalf, The case manager will be located throughout the State of Wyoming and employed by the Slate of Wyoming.
6. A dispute resolution process has been establi~i1ed 10 enable. class members an opportunity to seek redress of problems and differences
Please reads this Notice carefully. If you have any questions. you can write to the attorneys lisled above if you want to comment on any porlion of the Agreement. Write to the Cler~ of the Court. Any comments Will be conSidered by the Court
Michael Reese Attorney al Law Wlederspahn, Lummls Uepas, P.C.

2020 Carey Avenue. #704 Cheyenne. WY 82001
Danny S Wilde General Counsel
Protection & Advocac; System, Inc
242~ Pioneer Avenue. #101 Cheyenne. WY 82001
Leqal No :0>0290 Publish AD't113 1991

AFFIDA ~ OF PUBLICATION
'--./
COUNTY OF t.ATRONA " :~~STATE OF WYOMING
I, the undersigned, being a person in the employ of the CASPER STAR-TRIBUNE, a newspaper published at CASPER, NATRONA COUNTY, WYOMING, and knowing the facts herein set forth do so solemnly swear that a copy of the notice as per clipping attached was printed
and published daily .weekly ..in the
regular and entire issue of said newspaper, and not in any supplement thereof, for

~(.~~~\~~_.__~consecutive days
~ IIE9

commencing with issue dated

Apt ( ) ["2J I ';;E""N;';D::-:f!""N'""G'="'--'w~i""'t""'h-:'~"'":::s~s-u-e-d~,a1t

9([ an ecr-

d

Arl' \

i i • I

Subscribed in my presence

scr-- {l.p" and sworn to before me this

r ay of --I._.....::;_____d.

(
I

19 C1./.

\
>
_ _r-
,,/ -S'
------

 THE UNIVERSITY OF IOWA

Clerk of Court

March 19, 1992

I ,

United States District Court

District of Wyoming

P.O. Box 727

Cheyenne, Wyoming 82003

Re: Weston. et al .. ys. Wyoming State Training School. et al., Civil Action No. C90-0004

Dear Clerk:

Enclosed for filing in the above-referenced case are the parties' Six-Month Reports. Both documents are dated March 13, 1992, one authored by the Protection and Advocacy System, Inc. and the other by the Governor's Office (letter with attached
report). Please file the original and return a file-stamped copy to me in the self addressed stamped envelope enclosed. Thank you.

Sincerely,
~CiI.~
Sondra B. Kaska & Peter Blanck
Compliance Advisory Board

Enclosures

cc: Shirley Kingston

Michael Reese Danny Wilde

.--.

80

College of Law

Clinical Law Programs

Iowa City. Iowa 52242

319/335·9023 319/335·9084

MIKE SULLIVAN GOVERNOR
March 13, 1992

11·It ,~

,~,

'0\

. ~'

,,,'vi; ~£;7~/

STATE OF WYOMING
OFFICE OF THE GOVERNOR CHEYENNE 82002

92Z.038

Jeanne Thobro, Executive Director Protection & Advocacy System, Inc. 2424 Pioneer Ave. cheyenne, WY 82001
Peter D. Blanck, Ph.D., J.D. The University of Iowa College of Law, Room 431 Iowa City, IA 52242
Sondra Kaska, J.D. DD/MI Clinical Law Project College of Law Iowa City, IA 52242
RE: Second Semi-Annual Report to the CAB
Dear Jeanne, Peter and Sondy:
Please find attached the Second Semi-Annual Report to the Compliance Advisory Board by the Parties, item No. 92Z.038. This Report encompasses information from the Departments of Education and Health, with a Summary written by the Governor's Liaison. The reports from WSTS, Department of Education and the Community Services portion of the Division of Developmental Disability are a-ctached.
Where it is important for documentation, additional information is attached, in the case of Death Review and school-age transitions. I hope the CAB will carefully review this Report. I believe that it shows the tremendous accomplishments that are occurring in the State of Wyoming.
Sincerely,
_~__ L :;'_~'.---_
Steven E. Zimmerman Governor's Liaison Coordinator
SEZ:lc Enc: a/s xc: Distribution List

TABLE OF CONTENTS

Section One

State Overview

.:: J I.
9CJ C V000<f.

Section Two

~oming State Training School Report

Section Three

~oming Department of Education Report

Section Four

~oming Community Report

Addendum #1

Public Information Video

Addendum #2 Schedule of Placements

Addendum #3 Schedule of Training

Addendum #4 Review of Death Review Committee

SECIIONONE STATE OVERVIEW

SECOND SEMI-ANNUAL REPORT TO THE COMPLIANCE ADVISORY BOARD BY THE PARTIES
922.038 Following the March 13, 1991 Stipulated Agreement between the State of Wyoming (State) and Wyoming Protection and Advocacy, Inc., (P & A) agreeing to settle the lawsuit filed on behalf of Anna Marie weston, et al. vs. State of Wyoming, Wyoming State Training School, et al., civil Action No. C90-0004, a Consent Decree because finalized on July 1, 1991, upon submission to the Federal Court.
The Consent Decree laid out a time-table for events and activities encompassing the period up to December 31, 1994. A total of 63 tasks require formal submission to (whom/what)? of information or procedures during the remaining period of the Consent Decree. Intensive work on the part of Departments of Education and Health, as well as other coordinating agencies, both in and out of the State will accomplish a dramatic shift in services for citizens in Wyoming.
This is the Second Semi-Annual Report to the Compliance Advisory Board (CAB). The State of Wyoming believes that consistent, steady, and positive progress has been made during the past six months. The purpose of th~s Report is to outline events that have transpired, to share areas of strength and weakness and, finally, to foreshadow coming challenges. As of the date of this Report, March 13, 1992, 34 of the 63 items have been completed.
The State has either (a) responded to all items requiring completion, or (b) has asked for appropriate waivers to fully complete the item. The Consent Decree contemplates a schedule of events leading to full implementation on December 31, 1994. The State of Wyoming is on target with the schedule in the Consent Decree.
1

Significant Achievements

•

Through the combined efforts of Wyoming Protection and

Advocacy, the State Department of Education, the wyoming

Department of Health, and the Media Department of the

University of wyoming, a community education video 9 1/2

minutes in length has been completed. This video of

professional quality will serve as an introduction to the

process of integration and the contribution of Class

Members to communities. A copy is attached. See

Addendum #1.

•

The parties have committed to a schedule of:

a. weekly State meetings,

b. monthly State and P & A meetings,

c. quarterly meetings with the CAB, P & A and the State of Wyoming.

The purpose is to seek cooperatively full implementation of the Consent Decree. These meetings also serve to ensure monitoring of progress, as well as full communication for implementation of the Consent Decree.

•

During the past six months, a process of assuring that

all Class Members who should be on the list are on the

list, per Addendum A. Class Members who have permanently

moved or are deceased have been removed from the Class

list, with appropriate notice to P & A.

•

A Death Review process has been developed and

implemented, featuring independent committee membership.

While the most effective implementation continues to be

sought, a model is in place that the State o~ Wyoming is

pleased with.

•

An Independent Case Management System has been launched,

with the hiring of an Administrator and nine Independent

Case Managers for Class Members. Additional Independent

Case Managers continue to be hired and assigned, in

conformity with the residence and transition phase of

Class Members.

2

Significant Issues
The past six months have been exciting. During this period, Wyoming's Independent Case Management System has been initiated. Administrative policies and procedures have been drafted; rules and regulations are currently being developed. The Consent Decree declares the need to provide Case Managers for all transitioning Class Members as the first priority. This first step was accomplished December 31, 1991. The next milestone for Independent Case Management is March 31, 1992, at which time all Case Managers will be in place for Class Members at wyoming State Training School on a 1:50 ratio, and for those in Wyoming communities at a no greater than a 1:25 ratio. The appropriate number of Case Managers is derived from the number of Class Members and where they currently reside.
During this six-month period, one item, the submission of a second Four-Year Plan for the Wyoming State Training School, has generated controversy. This issue was decided by the CAB, with a directive to the parties requiring a Four-Year Plan to be submitted in final form March 18, 1992. The CAB has
required that specific information be provided to P & A under
separate cover, or be included with the Four-Year Plan as submitted to the CAB on March 18, 1992.
Education of Class Members
A committee including Department of Education, Department of Health, P & A and local school districts has been working intensively on transition planning for school-age Class Members. These efforts are designed to comply with the requirement to close Emerson School by September 1, 1992.
3

Transition planning as required by local educational agencies has taken place with all school-age children. Transition Plans have been established as to service needs and priority areas. Original ENAT reports were used in this planning process. Placements will begin in March of 1992 and continue through August, 1992. See Addendum #2.
A great deal of interdepartmental coordination has been required, as well as the development of new levels of services. Examples of developed services are specialized home care, home modification, nursing and homemaker services, among others. The parties have agreed that this· process should move as rapidly as possible, but in no case will occur before appropriate services are put in place, including the training of provider or other personnel.
This process has included a great deal of interaction between many service and program providers, as well as the Departments of Health and Education, the input of P & A, evolving a transition planning process addressing each individual child IS needs. Attached is a flow-chart and tentative placement list for youngsters anticipated to transition in the earliest months.
In order to facilitate placement at the time the youngster is ready, the Departments of Health and Education scavenged budgets to access funding sources for required non-educational services. The Departments of Health and Education were very cooperative in this venture. As of this writing, it appears that between $80,000.00 and $90,000.00 of transition funding will be available prior to the beginning of the next two-year biennium, July 1, 1992.
4

wyoming state Training School At Wyoming State Training School, a number of activities have been completed to provide enhanced services and capabilities since the first CAB Report. Construction and renovation of life safety code acceptable living units has continued. By the end of March, 1992, 126 ::fe safety code units will be available. Case Management training has been very active in providing orientation and new skills for a wide range of staff members. This is also taking place in Wyoming communities by a designated training person at the Training School, who has the additional responsibility for training in community systems. A schedule of available training, both at the Wyoming state Training School and in community systems, is attached in Addendum 3.
The Consent Decree and Public Information
A Public Information Committee has held a number of public meetings, including ones in Torrington, Lander and Riverton, and anticipates another later in March in Gillette.
The future schedule anticipates visits and meetings in the Powell and Evanston-Rock Springs areas for late Spring, 1992. The committee commissioned the development of the video tape. It defines mental retardation, outlining the importance of communities and special service needs of Class Members who are school-age, adult or elderly. It will be widely distributed for use as public information.
The Residential Committee has also been quire active, primarily to provide for the development of services needed by school-age children moving into Wyoming communities. This Committee, which may realize completion of its responsibilities late this Spring, has worked closely on transition planning for school-age youngsters.
5

In the earlier Six-Month Report, the development of placements for Wyoming State Training School residents over the last two and one-half years was highlighted. There continues to be a strong commitment by community-based servic~ providers to continue an exemplary record of service development and inclusion of individuals into communities statewide. The active work of Independent Case Management and four Regional Resource Specialists, as the eyes and legs of service providers, has had great impact in identifying community living arrangements for a wide range of individuals.
To date, there are an extremely small number of placement reassessments. The exemplary record of wyoming communities continues to be contrary to nationwide experience. Inclusion in communities manifestly benefits the total community, though always necessary to provide backup to service providers in the development of alternatives when a piece of service delivery cannot meet the needs.
The current number of individuals at Wyoming state Training School is 247. As will be seen, the State of wyoming is on target in meeting community movement responsibilities of the Consent Decree.
Areas of Work and Discussion Between the parties
There are two items requiring a good deal of work, and currently under discussion by a sub-committee made up of P & A and state parties.
Number one is medical management. A series of recommendations made by P & A have been substantially agreed to. Implementation of these recommendations must be carefully worked out in continuing discussions.
6

A second item, the transition process, must also be thoroughly reviewed. This process, as clarified in discussions between the parties, revolves around both the community and Wyoming State Training School planning elements. These must be sequenced in such a way as to afford the full implementation of IPP's, as well as assure the development of services and processes at the community level. An agreement reached respecting school-age Class Members may ultimately provide a model for adult transitions. The Committee must study the issues, and will report to the CAB with their recommendations.
The CAB itself has been functioning, having held two meetings with the parties - one in Denver on December 6, 1991 and another in Cheyenne on February 21, 1992.
The parties agreed to hold regular monthly meetings to seek resolution, at a local level, on issues before they are elevated to the CAB. It is planned that the CAB will hold quarterly meetings with the parties on a jointly submitted agenda. To date, there has been no request for a hearing officer.
The CAB members have averaged a trip a month to Wyoming, having visited the Southwest corner of the State, Cheyenne and Lander.
7

Summary Services continue to be provided to an ever-increasing number of Class Members in Wyoming communities. A number of major issues have been addressed. The CAB also requests full discussion prior to elevating an issue to the CAB. Independent Case Management is a reality for Class Members in Wyoming; and Area Resource Specialists continue to fill prescriptions for service needs of developmentally disabled individuals, including Class Members.
8

SECTIONIWO WYOMING STAIE TRAINING SCHOOL REPORT

Report to the compliance Advisory Board Focus:
wyoming state Training School
In the reporting period, September 1, 1991 to March 1, 1992, a number of significant accomplishments have been achieved by the staff at the Wyoming state Training School, which reflect the diligent pursuit of quality services for all persons served.
First and foremost, the implementation of the Individual Program Plan and Individual Educational Plan (IPP/IEP) processes has been completed for all individuals. Of particular note is the completion of the IEP's for all school-aged children utilizing the input of the Educational Needs Assessment Team (ENAT).
To assure that the IPP/IEP processes promote and provide services that are responsive to individual need, WSTS has implemented a Quality Assurance system. This process tracks IPP/IEP implementation with a particular focus on individual needs as identified in the IPP/IEP document.
organizationally, WSTS has developed an agency wide policy and procedure manual, with a systematic review process to assure effective and timely guidelines for all staff. Additionally, WSTS has developed a draft Four Year Plan, whiCh is now under the conjunctive review by all parties.
Renovations to improve the capacity for Life S'fety Code resider.::es, continues at ~-lSTS, as does the ongoing efforts to maintain the highest standards of safety and sanitation in a homelike evironment.
specific examples of WSTS' efforts in complying with the terms of the Consent Decree are listed on the following pages.

Sections 3.02. 3.05- Individual Program Plans (IPP) Components: criteria was submitted to Protection and Advocacy on May 19,1991 with reply comments recieved August 29,1991. Comments were incorporated into the IPP process and resubmitted to Protection and Advocacy for further review on 10/24/91. No further comments were recieved. IPP processes continue to operate as outlined in the WSTS IPP-QMRP Training Manual.
section 3.02(b)- Retirement Planning: continues as part of IPP process as previously reported.
Sections 3.02(g) and 1.11- Exit or Transition Plan: A transition planning process within the IPP was established and implemented on July 15,1991 by all Interdisciplinary teams (lOT). Appropriate team members were inserviced on July 1,1991 for the process. A review of the process is currently being conducted between the parties to identify and clarify issues or problems in transitioning.
section 3.03- Interdisciplinary Team: continues as part of the WSTS IPP process as previously reported, for each person served.
section 3.04(c)- IPP's including Individual Educational Plans (IEP): Completed October 30, 1991 and incorporated the recommendations of the Educational Needs Assessment Team.
section 3.04(d)- IPP's for all other class members: Completed for all class members at WSTS, December 31, 1991 ..
S2c~icn 3.06- IPP Review Process: WSTS had adopted and implemented a Qualified Mental Retardation Professional (QMRP) monthly review process by the effective date of the consent decree, March 13,1991. Additional Quality Assurance processes were implemented December 15, 1991 to review IPP implementation.
section 5.05(h)- Foster Grandparent Program: Continues as previously reported.
Section 5.06(c)- Recreational Therapists: At time of this report, the Training School has 1 (one) Recreational Therapist for every 18 (eighteen) individuals living on the WSTS campus, for a total of 14 therapists in variety of recreational service capacities.
section 5.06(c)- Library: Completed. Reviewed and approved by Protection and Advocacy representatives at WSTS on May 20,1991.

Sections 5.02(f) and 6.07(c)- Legal and civil Rights Handbook: A number of drafts and comments were exchanged between the parties, with final resolution now determined. The handbook is in the process of commercial printing and will be ready for general distribution and training purposes by April 1, 1992.
Section 5.05(g)- Client Ombudsmen/Client Rights Specialist: completed as previously reported.
section 5.05 (g)- Abuse and neglect auarterly reports: Quarterly reports were submitted for review on November 18, 1991 and February 18, 1992.
Section 5.09(a)- Abuse and neglect reporting system: On May 31,1991 the abuse and neglect reporting system was submitted to Protection and Advocacy. Comments were received on September 3,1991. The Clients Rights Specialist has been in direct contact with Protection and Advocacy about revision comments since that time. Revisions incorporating such comments was submitted to Protection and Advocacy on November 11, 1991, no comments have been recieved as of March 1, 1992.
Section 5.11- Drug Administration: All Training School personnel administering medication have been trained in a competency based medication aide training program, which requires annual re-certification. Policies and procedures regarding all facets of medication usage have developed and implemented at the Training School in accordance with state statutes. Annual pharmacy report submitted to Protection and Advocacy on December 31, 1991, as was the Medication Aide ~r~ini~g ~aIlual. No comments have been recieved as of March 1, 1992. Additional medication information provided to Protection and Advocacy includes: verification of 90 day medication order, dental and physical examination schedules.
Section 5.II(d) (e)-Psychotropic Medications: Results of the use of psychotropic medications at WSTS were provided to Protection and Advocacy analyzing the numbers of persons recieving and conditions regarding polypharmacy for the months since April 1991.
Section 5.03- Privacv. Comfort and Sanitation: A report highlighting the Training School's efforts in minimizing the negative impacts of the older dormitory style buildings was submitted to Protection and Advocacy on June 28,1991. No comments have been recieved as of March 1, 1992.
Section 5.03(b)- Life Safety Code Beds: At time of this report, the Training School had completed renovations on

buildings t~at would reflect 126 bed meeting Life Safety Code standards.
Section 5.03 (c)- Small living units: Excluding 401 and 404 Meadowview, the Training School has added twelve homes meeting Life Safety Code which house eight or fewer individuals.
section 5.04(e)- Staff Substitute Pool: By May 31,1991, a staff substitute pool was implemented as previously reported. Monthly reports have been prepared and reflect an average of appoximately 1200 hours useage per month since August 1, 1991 through February 29, 1992.
section 5.05 (b)- Staff Development: A plan for revising the current staff training processes at the Training school was submitted to Protection and Advocacy on June 12,1991. Comments were returned on August 12, 1991. Revisions were submitted october 2, 1991. Comments regarding safety training were recieved from Protection and Advocacy on November 12, 1991, when comments are recieved on the comprehensive plan submitted on 10/2, the safety comments will be incorporated into the overall training program.
Section 5.13(al- organizational Chart: Completed as previously reported.
Section 5.13(b)- Policy and Procedure Manual: Comprehensive manual developed and implemented on December 15, 1991, with a copy sent to Protection and Advocacy A review process for all Training School policies and procedures was implemented February 1, 1991.
Section 5.14- Records: Completed as previously reported.
Section 5.15 (a)- Quality Assurance Plan: The Training School submitted a comprehensive Quality Assurance Plan proposal to Protection and Advocacy for review on June 30,1991. Comments were recieved from Protection and Advocacy on September 27, 1991, revisions were made and submitted to Protection and Advocacy on November 7, 1991. No comments have been recieved as of March 1, 1992.
Implementation of revised QA system began December 15, 1991 with a campus wide review of appoximately 245 IPP's summary results were given to Protection and Advocacy on December 21, 1991. Another 245 IPP reviews were done in January 1992, proposed plans of correction were sent to Protection and Advocacy on February 18, 1992 for review.
A review of 13% of IPP's was completed on February 27,1992. Proposed plans of correction will be sent by March 16, 1992. Continuation of IPP reviews via the Quality Assurance Plan will be maintained at the 10-15% level each month.

Section 5.15 (c)- Four vear planning process: Efforts outlining the processes necessary to develop a comprehensive four year plan were presented to the WSTS Leadership Team on August 7,1991.
Planning meetings were held throughout September, October and November with a number of staff at all levels and coordinated through WSTS administrative staff. The first completed draft was shared with WSTS Leadership Team on December 4, 1991. All staff meetings were held to discuss the initial draft and solicit input. Final draft was prepared by December 13, 1991 utilizing input received from all levels of employees. This draft was submitted to Protection and Advocacy on December 31, 1991.
comments to the Compliance Advisory Board from Protection and Advocacy were received on January 15, 1992. Since that time meetings have been held with Protection and Advocacy which have generated additional draft plans. Further meetings are scheduled into March, 1992.
Section 5.15 (el- communitv Integration services: Completed as previously reported, with one Community Integration Officer.
Section 6.01(i)- Census: Census at WSTS is 247 as of March 1, 1992
Section 5.07-Dietary: Complete dietary lists for special diets have been established and submitted to Protection and Advocacy.

SECTION THREE WYOMING DEPARTMENT OF EDUCATION REPORT

Diana J. Ohman Superintendent ofPublic Instruction
State of Wyoming Department of Education 3071777-7675 3071777-6234 FAX
Hathaway Building, Second Floor. 2300 Capitol Avenue. Cheyenne, WY 82002-0050
Semi-Annual Report March 1992
Wyoming Department of Education
GENERAL ISSUES:
On behalf of the Wyoming Department of Education, I am pleased to report that the tasks for which the Wyoming Department of Education is responsible are continuing to progress in accordance with the Consent Degree. Since last August, the time of the last semi-annual report, there has been much activity in regards to Educational issues for school age class members. For an overview of the accomplishments during each month, see attached monthly reports dated:
September 21, 1991 October 11, 1991 November 25, 1991 December 24, 1991
During the Compliance Advisory Board meeting on February 21, 1992, I provided the following update to CAB.
TRANSITION PLANS:
Meetings with the school districts and subsequent transition plans were completed and these were then presented and discussed with P&A during a series of meetings held in January. P&A, CAB, the Governor's Liaison and the Department of Health have been presented with notebooks containing these plans. We have since received responses from P&A regarding these plans. They raised objections to few and offered good suggestions on most. We have since met with two school districts whose plans P&A found questionable and it appears as if we are reaching a reasonable solution. Protection and Advocacy has worked cooperatively with the Department of Education during this transition planning process.
It is now anticipated that students will be transitioning, during the period March 1992 through August 1992. Each student's transition date is dependent upon his/her individual circumstances such as his/her health, where he/she will be living, training of those people who will be assisting in his/her care etc.

Steve Zimmerman September 21, 1991 Page 2
The next monthly report will likely contain many items of interest since Margie Simineo and I will be meeting with special education coordinators from the school districts on September 26 and 27 and will be discussing the IEP's for class members. We are anxious to hear of districts' accomplishments and concerns so we can assist them with this process.
A number of us will be traveling to Torrington on September 25, 1991 to begin some public education work. I expect our next monthly report to contain some feedback regarding that process.
As always, the Wyoming Department of Education will keep you updated as we proceed with compliance with the Consent Decree and will continue to submit monthly reports.
Sincerely,
?~
Patricia O'Brien Arp, Ph.D. Deouty State Superintendent
POA:rew
cc: Diana J. Ohman
Margie Simineo

Diana J. Ohman Superintendent ofPublic Instruction

;tate of Wyoming Department of Educ:nion

-< ...

J07l7ii ·i6i5

[

30iliii·6234 FA.X

Hathaway Building. Second Floor. 2300 Capitol Avenue. Cheyenne. WY 82002·0050

September 21. 1991

Mr. Steve Zimmerman Developmental Disabilities Division Wyoming Health Department Hathaway Building. 4th Floor Cheyenne. Wyoming 82002

RE: MONTHLY REPORT

Dear Steve,

This letter is submitted to update you about the activities of the State Department of Education during the past month as pertains to the WSTS Consent Decree.

•

The ENAT reports were received on August 30, 1991 and have

since been sent to the corresponding school districts. In

addition, copies of the reports were sent to the respective

parents. A full set of the reports, rT',ear~ln~ :he 27 repol;s of

the class members presently residing at the WSTS, have been

delivered to Protection and Advocacy and sent to CAB.

The education tour was completed as planned on September 16 through 18, 1991. Those in attendance. as you are aware, were Margie Simineo and me from the Department of Education. Rowena Heckert. Attorney General's Office. you as the Governor's Liaison and Peter Blanck of CAB. We visited facilities in Gillette, Newcastle and Casper and I believe a report will be forthcoming.

Some of the IEP meetings have been held. with the rest scheduled for completion by the end of October.

COMMUNICATION & TRAINING:
In order to facilitate communications with the school districts which have students who will be transitioning, the Wyoming Department of Education sends periodic updates of information to the districts as well as has regular phone contact with the Special Education Coordinator in each district. Attached is a copy of the most recent memo which was sent March 5, 1992. This memo is of most importance because it outlines the training which the Wyoming Department of Education will make available throughout the state. In addition, it addresses related services which will be provided at WSTS from March 1992 through August 1992.
FISCAL ISSUES:
As most people are aware, these are difficult fiscal times for all state agencies. As it pertains to our commitment in the Consent Decree and as finances stand at present, we believe we will be able to cover cuts in state funding by utilizing federal spedal education funds. However, since the legislature is still in session, final decisions regarding funding issues have not yet been made.
PUBLIC RELATIONS:
Staff members from the Wyoming Department of Education continue to be involved with public relations issues pertaining to the transitioning of class members form the Wyoming State Training School to their communities. We have continued to present to a number of groups throughout the state including the Goshen County School Board, the Governor's Council on Developmental Disabilities, the Wyoming Developmental Preschool Directors Association and other civic groups.
In addition, other publicity efforts are now well underway. The production of the \·:.:L'otaFe has been compieted J.:1d tJ--.:?re wi!! be many copies c·.·J.ib'Jie for use throughout the state. Also, we have arranged with the Student Improvisation Troupe at Central High School in Cheyenne to become invoh'ed in a project designed to educate other students about students with disabilities.
~fullv submitted:
v~A;
Patricia O'Brien Arp, Ph.D. State Superintendent
of Public Instruction
POA:pn

Diana J. Ohman
Superintendent ofPublic Instruction

A

"'"" .. ,

State of Wyoming Department of Education
)71777-7675
3071777-6234 FA.X

Hathaway Building, Second Floor. 2300 Capitol Avenue. Cheyenne, WY 82002-0050

MBv10RANDUM

TO:

Steve Zimmerman

FROM:

Patricia O'Brien ArP=rp Deputy Superinten nt
of Public Instruction

DATE:

October 11, 1991

RE

October Monthly Report

====================-=============================================

Because I will be gone next week, I am submitting the monthly report regarding WSTS a week early. If there are any significant issues which arise next week, I'll include them in the November report.

pn

Diana J. Ohman Superintendent of Public Instruction
jtate of Wyoming Department of Education 3071777-7675 3071777-6234 FA.'.<:
Hathaway Building. Second Floor. 2300 Capitol Avenue. Cheyenne. WY 82002-0050
October 11, 1991
Mr. Steve Zimmerman Governor's Liaison Hathaway Building, 2nd Floor 2300 Capitol Ave. Cheyenne, Wy. 82002
RE: Monthly Report
Dear Steve:
This letter is submitted to update you about the activities of the State Department of Education during the past month as it pertains to the WSTS Consent Decree.
• Margie Simineo, Special Education Unit Director and I met with the special education directors from the school districts at the annual fall meeting of WASEA (Wyoming Association of Special Education Administrators) which was held September 26-27, 1991. Bob Clabby, Director of the Division of Developmental Disabilities. a subdivision of the Department of Pec.!th met \',ith t.~.:s grot:? on one e\'erung also. Mr. Clabby and I held a formal two hour question and answer period. My assessment is that much progress was made. Issues of importance were:
a) focusing the districts on the importance of completing the IEP's by October 31,1991.
b) informing them that the Division of Developmental Disabilities would take the lead in solving residential concerns and focusing districts on concentrating on education issues.
c) offering follow up problem solving help to each district after their IEP's are complete.
• A public information forum was held in Torrington on September 25. 1991. My assessment is that the meeting was successful. The evaluations of those who attended were positive and the presenters were able to determine ways

to make an even better impact at future forums. (I have chosen not to include in this report the details regarding this forum, such as number of attendees etc..) because I am aware that you have other reports outlining this forum in detail.
• On October 7, 1991, the public education committee met to plan further
forums and to proceed with the production of an informational video tape.
• A residential services committee meeting was held on October 8, 1991. It
seemed to be the consensus that an Interagency Agreement be drafted by the liaisons and DFS in order to formalize the plans of cooperation that were addressed verbally at the meeting, especially in regards to residential and support services for children.
The next monthly report will likely contain information about individual meetings with some of the school district personnel. The purpose of these meetings will be to offer problem solving help as they further plan for the transition of their students out of the WSTS. We should also be able to report further on public information efforts and on progress in regards to the Interagency Agreement.
As always, the Wyoming Department of Education will keep you updated as we proceed with compliance with the Consent Decree and will continue to submit monthly reports.
Sincerely,
~~
Patr.cia O'B~;e:1 ''-.''P, Ph.D. Deputy Superintendent
of Public Instruction
POA:pn
pc Diana Ohman Margie Simineo Rowena Heckert

Diana J. Ohman Superintendent of Public Instruction
Wyoming Department of Education Hathaway Building, Second Floor 2300 Capitol Avenue Cheyenne. \VY 82002·0050
307/777·7675. 307177i·6234 FA.X
November 25.1991

Steve Zimmerman Office of the Governor cia DO Division 2020 Capitol Ave. Cheyenne. Wy. 82002

RE: Monthly Report of Accomplishments

Dear Steve,

This letter is submitted to update you about the activities of the State Department of Education during the past month as it pertains to the WSTS Consent Decree:

•

We responded to the ENAT Conference Report with a listing of corrections

which we believe needed to be made to the transcript of those proceedings.

•

We responded to P & A's request for information regarding the Department's

proposed budget.

As mentioned in a previous letter to Jeanne Thobro dated October 22. 1991. but not previously included in a monthly report. we have hired two Special Education Consultants. Cathy Frailey and Uz Steere.

Although we were unable to attend the Public Forums in Riverton and Lander because of a scheduling conflict with the State Board of Education meeting, we have continued to be involved in the public information process.

AIlIEP's were reviewed by October 31. 1991 as required. and CAB was notified of this by letter dated November 7. 1991.

•

We have met with four school districts concerning lOaf the 36 students who

remain at WSTS. We are scheduled to meet with other school districts between

now and December 13. 1991 to facilitate the plans for transitioning students

from WSTS to the community.

•

Four of the five ENAT reports regarding the students who previously

transitioned from WSTS to other state facilities have been completed. The

districts will complete the IEP's on these students by December 31,1991 as

required.

The next monthly report will likely contain information about the rest of the individual meetings which we will be conducting with school district personnel and information about the remaining five IEP's for the students who were previously moved out of WSTS to other State facilities.

The Wyoming Department of Education will keep you updated as we proceed with compliance with the Consent Decree and will continue to submit monthly reports.

Sincerely,
Q~
Patricia O'Srien Arp, Ph.D.
Deputy Superintendent of Public Instruction

POA:pn

pc: Diana Ohman Margie Simineo Rowena Heckert

Diana J. Ohman Superintendent of Public Instruction
Wyoming Department of Education Hathaway Building, Second Floor 2300 Capitol Avenue Cheyenne, WY 82002·0050
307n77·7675 • 307n77·6234 FAX
December 24,1991
Steve Zimmerman Office of the Governor c/o DO Division 2020 Capitol Ave. Cheyenne, Wy. 82002
RE: Monthly Report of Accomplishments
Dear Steve,
This letter is submitted to update you about the activities of the State Department of Education during the past month as it pertains to the WSTS Consent Decree:
• We finished all our on-site meetings with school districts which requested
such.
• We gave a report at the CAB meeting on December 6,1991 in Denver
updating CAB and the parties of the progress being made as it related to educational issues.
• We have set up meetings throughout January with Protection and Advocacy
to begin the review of the Transition Planning Process for the students.
• Notification was sent on November 26, 1991 to Protection and Advocacy and
the Compliance Advisory Board that all ENAT reports had been completed for the remaining student class members who reside in other state facilities.
It is anticipated that the remaining IEP's for the students who reside in other state facilities will be completed by December 31, 1991 as required. The next monthly report will therefore contain information about the completion of that process. In addition, we should be able to report on progress made during our meetings with Protection and Advocacy at which we will be discussing the Transition Planning Process.

The Wyoming Department of Education wiII keep you updated as we proceed with compliance with the Consent Decree and will continue to submit monthly reports.
Sincerely,
~~
Patricia O'Brien Arp, Ph.D. Deputy Superintendent of Public Instruction
POA:pn
pc: Diana Ohman Margie Simineo Rowena Heckert

/
Diana J. OhmaD Superintendent ofPublic Instruction
State of Wyomin~ Department of Education 307ni7-7675 307n77-6234 FAX
Hathaway Buildillir. Second Floor. 2300 Capitol Avellue • Cheyellne, WY 82U02-0060

TO:
DATE:
RE:

Special Education Directors (who are transitioning a WSTS student)
Patricia O'Brien Arp, PJl~
Deputy Superintendetltk\"" I ,<JI of Public Instruct1-orr<
March 5, 1992
Update regarding Transition of WSTS Students

This memo is to update you about the prevision of related services and the training workshops which have been arranged.
First of all, the Department of Education has contracted for Physical Therapy and Occupational Therapy services which will' start during the month of March. We have asked that the PT and OT provide: 1) evaluations as needed; 2) services indicated in the IEPs; 3) recommendations to assist in transitioning; and 4) monthly progress reports. We are contracting with two consulting firms and as soon as they give us the names of the specific PT and OT going to Lander, we will notify you. We thought we also had a speech pathologist on board. but she took another pOSition so we are still looking for one.
The Wyoming Department of Education is sponsoring three one-day regional workshops that will provide an overview of some of the basic skills and services that many of you indicated you needed in order to

assist in transitioning individuals from WSTS to your communities. Each workshop will cover the following topics:

"Augmentative/Alternative Communication Devices and Strategies "Feeding and Positioning "Partial Participation "Inclusion

The workshop times and locations are:

April 7 April 21 April 22

Rock Springs Community College 8:30 a.m. - 4:30 p.m.

Casper Community College

8:30 a.m. - 4:30 p.m.

Riverton School Dist. Board Room 8:30 a.m. - 4:30 p.m.

The workshop presenters are:

Adrienne Akers M S R P T Director of MAPPS, a project serving
infants and preschoolers with disabilities in Logan, UT. She has worked for over 19 years providing Physical Therapy and related services to individuals with disabilities. (Rock Springs).

Cathy Bodine, M ,A .. CCC-SLP, Director of the Colorado Easter Seals Center for Adapted Technology. Cathy has provided Speech Language and Specialized Augmentative Communication services to individuals with disabilities for seven years. (Cascer & Riverton).

Rosemary Bogart, O,T,R .. Private Consultant currently under contract with the Cherry Creek Schools in Denver, CO. She has worked for 10 years providing therapy and Augmentative Communication services to individuals with disabilities. (Casper & Riverton).

Tim O'Connell M.S .. Training Specialist on Utah Project for Integration. Tim was a team member and the leader of the Utah Augmentative Communication and Technology Teams for seven years. (Rock Springs).

Elizabeth Steere. M,A, Consultant for the Wyoming Department of Education Special Education Unit. She has trained teachers and taught individuals with severe/profound needs for over 10 years. (Rock Springs, Casper & Riverton).

It is suggested that each District bring a team of concerned individuals, (Special Ed. teacner, O.T., P.T., Casemanager, Area Resource Specialist, Specialized Care Providers), to one of these one-day workshops. The Department will pay for each team's travel, per diem and the cost of substitutes. Please send in the attached registration form by March 20, 1992.

In addition to the training which we have arranged, there are two sets of training workshops that might be of interest to you. The Wyoming State Training School will be offering training in Lander on Physical Management and Mealtime Challenges. You may register for these workshops by contacting Dave Brunner at WSTS, 332-5302. The dates and times are:

Physical Management March 4 and 5 April1 and 2 May 6 and 7 June 17 and 18

8:00 a.m.. 4:30 p.m. 8:00 a.m.. 4:30 p.m. 8:00 a.m. - 4:30 p.m. 8:00 a.m. - 4:30 p.m.

Mealtime Challenges March 19 and 20 April 30 and May 1 May 25 and 25 June 25 and 26

8:00 a.m. - 4:30 p.m. 8:00 a.m. - 4:30 p.m. 8:00 3.m.. 4:30 ;J.m. 8:00 3.m.. 4:30 p.m.

Thanks so much for all of your ongoing efforts during this transition process.

SECTION FOUR WYOMING COMMUNITY REPORT

Semi-Annual Report September 1991 - March 1992
Division of Developmental Disabilities - Liaison Officer
Whereas the first six months of the consent Decree concentrated upon the development of deliverables, approximately a third of the deliverables required by the Consent Decree were required in the first six months. The second six months had only about half as many deliverables, and was directed more toward issues, as will be seen in the following discussion. The first item to be discussed is the Consent Decree required rules related to assurance of quality services in the community. The second item relates to additions to the class. The remainder of the items are related to activities not specifically required by the Consent Decree.
Quality Assurance in Community Programs
The Division of Developmental Disabilities requires that all programs providing services to adults with developmental disabilities be accredited by CARF. Accreditation assures a level of consistency across programs providing services to adults, but the CARF requirement does not apply to preschool or school district programs. The Division's Quality Assu~ance 9ro90sal acknowledges those quality assurance activities that presently exist, but expands upon them as well.
The Plan brings together the array of activities that have been part of the state's approach to quality assurance, while adding areas that have not previously been part of the system. In the former category are the monitoring activities that have been ongoing, while the latter includes activities that have been occasionally but not consistently been done, like a parent satisfaction questionnaire.
The Quality Assurance Plan was submitted to Protection and Advocacy

on 31 December 1991, for comment per the Consent Decree. As of this date (10 March 1992), no comments have been received from Protection and Advocacy concerning the Plan, and the Division is preparing the paperwork necessary to promulgate the Plan, as originally prepared.
Death Review Committee
Protection and Advocacy requested that the State institute an Independent Death Review Committee (DRC) to review deaths that occur among class members on the rolls of the Training School. The State and Protection and Advocacy agreed to a procedure that involves professional and interested persons who have no connection to the Training School. The final Death Review Committee procedures were completed in mid-October, and were submitted to the Compliance Advisory Board, who filed them with the court. The procedures have been used since their development; the details, results, and comments on the procedures are found elsewhere in this report (See Addendum #4) .
Contested Case Procedures
The Division of Developmental Disabilities, in anticipation of potential disagreements with parents or guardians, developed a procedure for contested cases. The purpose of the procedure is to provide parents or guardians a mechanism to disagree with the recommendations for services in a community program, a Training School placement team, or other recommendations related to services. No cases were pending prior to the development of the procedures and none pending now, although there were indications that some parents disagreed with the recommendations for community placement. These Procedures were designed with such disagreements in mind.

The Procedures were modeled after the Department of Education due process procedures, which are required by the Individuals with Disabilities Education Act (IDEA). The intention in so modeling the procedures was to maintain consistency between the Department of Health and the Department of Education in handling such cases, and to consistently handle cases involving class and non-class members.
The procedures were developed in December 1991, routed to state personnel for comment, and modifications incorporated into the draft. On 6 February 1992, the revised procedures were sent to state personnel and Protection and Advocacy for additional review and comment prior to promulgation as state regulations. As of this date (March 10, 1992), no comments have been received from Protection and Advocacy System, Inc. The Division has prepared the Procedures for promulgation as state regulations, with an effective date of 1 May 1992.
Class Membership - Admissions
The State has received eight applications for class membership. Three of these are still pending, having been received within the month of March. Three applications were denied, ~wo because the applicant did not have standing, and funding for services was authorized in lieu of class membership for the third. The State admitted two individuals to the class. One of the class members is a school aged individual and the other is a two year old child. The child was admitted to the class based upon action of the State, rather than as a result of an application facilitated by Protection and Advocacy, as was the student. Just prior to filing this report, the State received a letter from Protection and Advocacy listing five individuals to be added to the class, most of whom are presently being served. As of the writing of this report, no state response has been prepared.

class Membership - Deletions
The state notified the Compliance Advisory Board that it intends to delete three individuals from the list of class members. These three individuals have established residency out of state, and do not intend to return. All three are receiving services in their respective states. Should any of the individuals return to wyoming, each could reapply for class membership.
Class Membership - Application Procedures
The State has developed internal procedures to handle the applications as consistently as possible, and has established a specific Class Membership committee to handle the applications. The committee includes the Department of Education for school-aged applicants, the Department of Health, Training School, Division of Developmental Disabilities, with a representative of the Governor's Office attending as an ex officio member of the committee. Each member has an equal voice in the decision; the application is routed to all members in advance.
The State has developed a form letter and release of information for use by applicants for class membership or person with standing in behalf of c~ass members. The purpose of the forms is ~o assure that applications are complete when submitted, and to facilitate the entire application process. Copies of the application forms have distributed to the case managers, and recent applications have used to forms.
Application for Services
In response to a concern raised by Protection and Advocacy System, Inc., the Division of Developmental Disabilities has developed an application for services. P & A raised the concern that there were individuals in the state who were in need of services, but were not known to the state office, and thus not receiving services. The

Division procedures require that the Instrument for Client and Agency Planning (ICAP) be completed for all individuals applying
for services. The procedures were shared with P & A and the CAB
during the February meeting, comments are expected to the draft application.
All individuals in need of services will apply for services to the DO Division through either the Independent Case Manager or the community providers. The services application process does not replace the application for class membership, which will continue to be directed to the Department of Health director. Those only applying for educational services will not be required to complete an application for services.

ADDENDUM #1 PUBLIC INFORMATION VIDEO

ADDENDUM #2 SCHEDULE OF PLACEMENTS

A0DEKDU,: liZ

Dianna Holcomb
J. Iv. Siebert
Amber Toay

3/2/92

MARCH

NOWCAP

I

- Emerson Group Home Sheridan

NW BOCES or Riverton community

APRIL

Rocky Shoyo
John Holwegner Shan Bennett

Specialized Home Care Lander
MAY
I RENEW
I Adult Group Home - Magic city
JUNE

Amberlee Jereb Connie Jo Franciscovich Katrina Patten
Joshua Hawkes 7rista Duran Kevin Owens Jennifer Nyreen (anticipated)

Specialized Home Care casper

Group Home Magic City or ARC

Home or Specialized Home Care Cheyenne

Specialized Home Care Ketl.:re!:"2:-
I Specialized Home Care Kemmerer

Specialized Home Care Mt. View

Group Home Cody/Powell

I

JULY

Vashawn Lopez
Lisa Wheeler John Engvall

Specialized Home Care Torrington
Cody/Powell Adult Group Home
Specialized Home Care Cody

AUGUST

Ernie Lamphear
Sara Kawulok Bill Porter Brittany Gomez
Aundrea Jiminez

Specialized Home Care Green River
I Specialized Home Care Sheridan
Adult Group Home/BOCES
Specialized Home Care/Home Mt. View
NW BOCES

Don't yet have transition dates: Ian Leicht Misty Himes

Already Placed: Michael Gormely - BOCES Chad Henning - BOCES Andy Rogers Harding - BOCES Aaron Vaughn - Home Adele Vilapando - Foster Care

May Stay at WSTS:

Brent Cleave Johnny Gates

"

ADDENDUM #3 SCHEDULE OF TRAINING

A R);'P(JRT ON Ti!l!. t'!WV1~lUi'l ur' r:XPF"RTT:lF.
.')"cml t ted t,y
Dc he raj, 1.. Weods

The wyorr:Jng ,",1.;:1.1."1 l.'d..LJJi!1!< :h:hool':,; GLer: Oc .... clnpmcr.. t Dcp:u.. t.me-nt. i .

nOl\' ol'r~rin~ <1. niw:·t,\' d6~~ Orlentatjon I't'U~L'UIli for. :'1<::'W enrp] ()yees,

l'hlS progf'~:n t)l.?'gU1s ",1 t..tl rt I.b:·~t';' UCl.,~ ('vrc-: vf' cl(\'ol:Il:I<'::-\ (,"lee t..h(.~

ctt.t.ached ~h~~ '. j..

Th~:"ie c.'':'u~:!;c.!:S are- 01 f~r<"!d as l\ g(~ncr.:ll

!nt.,l"OOuct-lon t(J "'!"1:1oy~cs ta.. rC)L'f! 1..1.1I;r gu Lu lh~ir 'h'.ll'k Oor<:':'!:l:'. The W.s.r.s. l'~(lllir~s -1.h11.t. ~Jl .illdi\·idiJals in it::; employ c.·clIIplctc th~

foll~~ing R~~lt_lnnll1 ('ollr~C\~o~lt:

~!andt--( mM!lIiKi.U!{ n:,):;-,,,ggr~.~sive a.nd Ilggres::sivc indj·,... iduul~)

c.r.R.--hdult or commllniLY

Fir" Safct.r
AmP.'!'lt:.an f{~d C:n'!'IIi~ 1:;1. A:.d
J)~f€'ns1"B Dr.1vjcJj.:. {.r'l:"tluj.!:t:d of ,'=1.11 StuLe e!ll"]o:,r~l'!"~ dri"jns: n

Sl.ate vchi·::lC", (Jr' Ul'.iV.l.ug lhc.':.i)' own "':~hj,clc ~)n Stat.'!.

[>II!; ineso;)
Inf~rt.\nl1 rcnLl~ol

A Staff Dcvc.joJJ:n~!:!.. c"Hl':'IlUllJ' is sen"t D1ont.hl~\' "':0 all nl.!l':! A<ju.Jt.

Pr(')gr.'inJ~. t.h€' rou!.""'.:'~(;"r~ Pre-S~'rJ()ul PL·i,}~l'o.ms. the four .~rca Ht':~ource­

Sp~ci.nlist,s. ""nd ,~omc of 1:hr~ Jlldepen.j~nt Case ~1.'111l;t~~!'~.

:-hc..~

programs and J..'~r!'iC:;iI!:i re<.:(:'.i .. ..iI1~ l,.hest:' (";31endars hc.\'.·c bC"'cn a.sJ~eci 1...::>

sharp. I.h.1S infcrmntjon ,..;ith school d~,st.ric1.Sf sp~'__ .il'tlj~t;:t.l hom:"': Clll~~

pt'o"id~rsf r.t.nd ot.hf'!"'s ~'ho \,;ill ~)~ ho::-klng I.o.iLlt individuJ'lls le'ttving

the Tr<11ntng :-l(~boo.l. \ see t.h~ al.1.. ii.crJPd sample St.aff n~\'~lopm':"HL

calendar] .

Since her ZlP],."oin1.11!""'IL Lc tho? \~.S.'!'.:~. SLo:I.ff ~~VelU!_l'ut::I1l D(:p<"l.l'Lment, !.he St:'ClJ.Ul' Ti:U~<Jt I' f(,}, ~>.::mmun: t:,' P=-~~~i,).rr:... fL~."5 ;:.l.r.\-!l:-:'!1>('J. i he: (olnlllllni Ly :rn;ra:ns ;.~\.~ardjrH! 1.hf"ir tl'nining npt-t-d~. :-tany of :h~
course~ offf"t"f'd or. tLI?' Staff ljf~Vf'l opmHllt calcnc.ll.r c:o.T'e~polld La
,.:, t',:::I!A,C; (') ~ t.r;J in i 1I~ rJee-d ~u~ttt.:.:> Lt.;d by the Gc.mmun:.1.:-' PrOI;(1"~!.Jn~, \ ~t":'e ,,:he ,~t.t.ach('d 11St. of Lr!"',lClil1£ h'h~.ch has been r'~yIJ~~ted by tho Conlmuni1.y
Pr"~r~m'l:: J '

T.r:.l' (7hpt'l1p!":Jr;c (:onceJJL:;;. Iltc..:f)l'V01·~d.. ~d) off~!.'~ thr:.!' i'ollQ\.. lnj!( train!ng ~h.oJugh LiH: l(.!:i,T.S.
Phyo;..i(,"A! ~f,"P'lA~F>IfI~nt.
:1~8J1~im~ Challen~es
O r o l \.fp1 01' ...t..",OI{,.~'Ii!;m,.nt
J B~ha'"i(J{' (,.l,lj li~r:'1
'!'h"!'s;:e T . e , ! . '~r:llr<::" nr-ff~r·irol.('-' Of'l'ur' rlL l(~a:il. ':,I1C.t:':" a month. with ~hc
exreption of Ural ~ot,OI AHs~ssm~nt, whicn is off~r~lj Ull ~n
~"'-:-'I~~riQd ba';;4~

T!l~ Stat..~ IH~Phl':"j:It::!l'w of' F:.h.. l.a.l.jvfI .i.:::. pn;vlJ.la::; ~·.;..LV'ClJ ,-ji~~·,r':\-.t~

""jLb trajni:1g frcm :'5pf!''':luli:::;t.~ wjt.h C""xpe~·"'.i3e in au~ment.uli·;c rt.tld

~] teI"llttLj,,.!

c,.:ollllltun:i('JlT".1on,

mealtime

".1~::s..i.:1I.n.llt..e,

J·It ... ::...i.. ... al

mllullg'ement, and p~rti31 l"urtic.:ipllt.iufI and inclusion. Thi~ tz·(.:.ir:.ing

J::$ nol l)t:iug p.1"':':" idt:d ~pC"clfjcnll:-.o ber;(1"~<'~ of -:-.h~ !'Ichool aged

ch:.Jdr'''' who "Ui L" 1",,,,,i1ll;' Lhe 1\.S.T.S. prier :0 S~:)tember, J992,

lJuL i,::; .1.l1:::sl.t..:au Vllrt. (.If"' a gene:-al or.l.cntat.ion pro~rt'\m helng off€"rc.'d

by t.lle DeJ'az'LJcellL uf EJu~~Liu'!, T}1e~~ training sessions urc l'IClt1g

schcduJ ~~d for 1.he f"oll.o'''lng dntes!

Ap['il 7, 199~, in r..or.k Sp1"ir.g~

April 21, 1992, j r1 Cli::iI.Jf::··r

4.proj 1 22, 1902 t 111 fll.vf.:r·luli

S<.:houl dl~ Lr' j t; L~, :\l'(;H RI:S()'....ll·l"':t:'! ~pec.14J i s t s t lnd.epencie-nt.. C"Cl.4(;~

~anagers, and Spac!~lizcd Ilomc Carp Providers will t'e ~~rlL rloLi~~~

by Ulf:> .sU:lt.~ Dt-'pal"tJnez::..t nt' E:1t:ctlt.ion st.ating thf" (j;'tt.~~ f tJ Jn~!') t ..'1.114.1

localiorl~ whet·c t~lC~C ~.rainj~~ ~c:~8ion~ wj.ll be i1eld.

The Director nf t.h,· r:m"r"'H' S<:h"ol at the W.S.I.S. is C1.JrrcJ11.1 y
setting \.£11 a ~chC'ctlJ.c· of t.r:"1 i.ning: for ~c;;·lQol di~trict.s "'-hi::-:h wilJ. be receivi~g W.5,;.~. cl~cnls in the foJI()wjrl~ a!'~~~:
rh:'-~ic~ll ~lun~l!<;>nu"'nL (T. C". 1 . l
Me:·dtimf? Cbcl':~C:.'!I~e!:i fT,C.:. J
Oral ~cLur A~~~~~III~nL (T.C.I. In additjon , I.tle~~ Metlool disLrict3 are ll~W schoduling jlocks of
time- to spend "je.h t!If' child!'"" \<ho \,-Jll be leaving the ILS.T.S.
Durll1~ LiJe:se L1JII~~. r·l!pn.:~~eJlldt..i\'t.!:s from tlle 3cht"H"JJ dl:=>t.l'.il-t.3 ",j1]
b~ nl~~t.ill~ wit,.l Hnd ull~~r\ing ~he children who will b~ ~OmiJlg t~ their d.i:o;1.rl.('ts, .Ii. rid 1.h~y \o,lj~] have conferE?ncl?s and recei\Oe tt'a1n:ng i"r<:':m the- cbildrens' t.eachers and djrt~C1. CH.r'e J.u·o\°.i.dt-!'!"s.

lhe- tuJult:. RCS!d~HLi(..\~
f?110wir'8 trainl •• g:

~1~L\.1"",(,,:

P]~o',"ider,::,

ha. ..... e

ACTTO~~ 'I'AJ~r:N

Mandt (m~rlagi:lg non-~ggr~~~iv~ lind ~ggressl V~ per':Sofl!::i I
Da:.. Habi ljt.llt:(}IJ A vldeOt&pp tour of ~11
CommurJil~ ?l'O~1'8m8
C·,A.R.F. StnntiHr{t~ Ad'.llt ~'~nJ\'~r Sel :-dispensf'd ~·1(~(1..L(':Ht.!On:s
:'h'=' D.",,,qlopm<"~':t.'\;Jy Dio.:Kbl ... d
Irldj \-1()\1111

~flJ.ncft. instruct.or~ for comnlunj T.7·" pro~.['u.!IIH .....·L·t,.-
trained at th~ ~.S.T.S. on
2/10/92 Lo 2/1~/92

A work~nop wlll be held in Lander from 3(25/92 to 3/27/92

Som~ of ~he Commurli~y

Program~

hll.v(~

alreQ.t.i~'

up.veloped v idof:otop(" ,. C;1Jr~,

however this prC).jt!eL is

still large, y in the

planning stal!'t"

III the pliHUling ~ta;E':

In the plannin; st~l~e Tn 1:he planninE: sta.l{~

The \.<,~. $. T.S. i s CUI"I'Cr11.1 y

pn.)(..tuc.i. ng

a

t rn irl ing

vjdeot.sl'fIo

TralninJ:! i::; il\:allable the W.S.T.S.

Th<:.~ Cjrcle~ pro..;r;;i.1II .i s
,Il"\'ailesblc '!.hrouoch '.:he
".S.T.S.

rr.~ining i s

al

th.. W.<:.T.S.

i"'Ail"'I'Ing i~ .... v""'; lHhlc .~t
!.he W.S.T.S.

TIllining is available !.1l.
t:h(~ ·~.S.T.S.

Auti:sm
t;ommunlC6 t. .ton Client.s· Rishts
Aging
Conflict. R.c~(}iilt.j()n !>('H~\1m~nt.•"l t:i on and Re-cord I{ee: ping

.\ workchop :i~~ ir.
pJ~nnin~ ~LHg~~ UL
W.S.T.S.

Tile Senior Troincr Cor Communj t.y Programs '>'ill be traineci in thi~ in lfnrch,
1992, And training Will
Il]:.iU bf; u'.'u.i':'u.Llc ;::l. t.ho:::
'" .5. T. S.

Tr~ining

vidRotapR

nva; lablf> froD, t.he W.S. T. oS.

Training if:\: tl.vll:~lo.blc a.t.
the W.S.T.S.

A w()rk~hflp wi 1 1 hp. h~ 1 d ,,,\1". the w.ti.r.ti. on 3/11/92

Su.e Wi.fJ li'lm!li ano U~lj H-:.-ker
a~e In t.he planning stages of deyelo~ln~ K MLul.cWloe procedure

.\ \,.1orkshop c.n this is in the planning 3ta~c3 at tile 'oY • S , '!' • S •

In the plannlng stage

Truinin,=, i:;.; l.1.vtli JnblC': F.11'.
the W.S.T.S.

Tralnin~ i::i .;..tvtd J.o.bl C" ;It. the \~'.$.r.s.

In ~ddltion t~ the above t.rnjning topjc~. 1.h~ ConllnUTlilV r'ruuI'~u:~ ha.ve rEtf'Jues\..ecl that t\ nC'h'slctt""r be ('!-5t:l.bli:i.hprl for 1.hem. Th~ SLaff J)e\,f"lopm~n!.. -Dt>l','ic'tillent Mt t.he? ~·.S.T.S. is currcn't.J~­ considering the fC1lsibi.1 i.t~· of ini'ludin-s the Community rl'cg:'HJn~; not onl:.- n~ !'f'cipl("'nt~ of t.hr. -,,",S.T.!).. fu':.bS2P~ .i......Ul.k. bUL ::il~o .:I.:;
cOl)tribuLors t,o :t.

5

High/SCOpe: Curri:-tlJa ('.P.R.

.\CT T()~ T "'I<F:N

TllC- Senior l'rain~r for

CUIlUIIUlJlL.~·

p,[·UO' ...... IUt'.

1:;

offerlIlg a workshop at Fort

W~.b~kl~ "II 3/J3/RE

In the plannin~ ~LU~c

CanT.act with t.he Vnlvcr.si t:y

uj'

"yom~llg

J')(Ol:!

Neprrsenl.I.1.1VC ha~ been

I\r-ran~ed

'j'r:d,nins is a,vtlilublC:.' ut.
Lh", W.S.T.S.

The ChilJ~cnJs ll~~OtlrCe
Center in Powell IK offering Q worl~~llo~ at
.'1ortherr.. \<':;tomj T)~ Co.l J ("'~('" on
3/13/92 ~"d 3/:4/92

Sarl,v

Childhood

1111~ervention i~ off'e!~inl:S G

wurkshop in Fort Wa~hak~e

on ~/30/92 and 5/1/92

Trainin~ is available ut
t.h .. 1I.!i.1'.S.

Tr.3.inin~ is a\,tiilubl<.~ ut
t.he W.S.T.S.

Trainin~ i s avail~:tbl(~ u~
the ".S.T.S.

Tr'ailJin~ is t\".':d labl,=, ~.t
II,~ W.S.T.S.

7

..l,u~mentat.j\·p itnd :\.1 LEt.:-r:et;",ivc.: Gommunic4t.l()n 1)~V1c~s

'i'l~"'il'l:iI:;; i~ .1v(:lilo.bl\"': .l.t
the W.S.T.S.
Cansultation and trnin;n~
u.vu..i.l .... Ll\",;
W.S.T.S.

ORIENTATION CALENDAR (Core)

DAY ON'E

DAY TWO

DAY THRXE

8:00-8;30 Explanat10n

or

Orientation

8:00-9:00
Confidentiality,
Documentation &
necords

8:00-9:00 Oral H~'gi"n"
9:00-9:30

8:30-9;30

Test

Pr1ne1ples of Normalization &

9;00-9;4" Gen",ral Hygiene

9:30-12:15

lntroduction to

Adult CPR

j,I'

Habilitation
9;30-9;45
Break

9:~5-!0:OO
BreaK
10:00-11 :00

12:15-12:.5 Lunch

Ii

I'

Overvie... of

12:45-4 :30

9:45-11: 15

Developmental

Adult CPR

Infeetion Coutrol

Disabiliti .. s

11; 15-12: 15
Personnel Polic!es &
ProC":,..nur,.~
12: 15-12:45 Lunch

11:00-12:00
Positive Reinforcemel.t
12;00-12:45
l.unr:h ~ith !=:.1'J.I,.t~vjsors
& TauI' of Work Area

12:45-1:15 Sciz'Ure3 I

J::45-1:1:
Fire 5afe-ty

1:15-1:30 Break

1:15-3:15 ~e~ltirue Mana~ement I

1:JO-3:30
1 Physlcal ~anagement r
Lit'tlng &
Transrerr:ng
3:30-4:30 Video: "Into the
Mainstr~am"

3:15-J:30 Bre "k
J:JO-4:JO
The IPP/lEP Process--
An Over,-iew

':.n

,- MARCil 2

S1'AFF OEVELOPMENT CALWDAR

I

HUCO 3

HAJtCB t

C2/19."9'
KARCH 5

HARCn 6

)

"'-
It
R
C
II

110NDAY

6: 0)

J: p~

Adul t '::"'('1'

- S:r.l L.lO CO:>hF b-'.',· I

, OrielllollLlen C\lrriculu.
1:1:00 - ~:~,O
I •• I J'co(lu(" t 1 "II U'I
l..: •• u"in.1 iult lor Ibe r'ol:-"~J"".I·lIt,,IIJ Ilis.abh·d

\1: 00 _T4~~:OAY
, ('ORE DAY 2
!8:00 - .:30 fta.ndt· - Day O:lle
1:,(.0 - 3:(10 tied Aide
i Re f r ,,"sh!:!' COli ,'se '-* 'Hust I•• v~ taAcn
, rrevlous 1 c14s~~B
I JnFl!'b ••

WEDNESDAY

8;00 - ~:JO
con DAr 3

- 8:00

~:30

~andt· - Da> l~o

- 9:00 5:00 rt •.!"" i c ... J HftIlBgeoc'lt'

THURSDAY
8:~O .. ;; :CO
Phvsj ..... : H~D41,.1Ie-r.t.
8:00 - ~:JO !'hnd. .-lp ... i ..·....
~:(lO - 8:0) ; •••.
Inte-r.. e<fjat~ Silt" C!_ss IL!lQc;$'"

fRIDAY

Ori~blu.lion

CUrrif"llb....

8:00 - I: 10
n rs '. .\ i J$

I

I: 3') - :::)0
'h. (II. it· ~ . r.1j
lltocll",:, ., rlients

!:JIJ-3:30

Oft" '·rolj ...... ,. ... in'
- J:Jv 1::>0

5e-lzlll ('~ Z

~I: j' ': - In: J(j (<.... tllllt,. ~c<.II'S~ "eti.yllle.
I·: : ~O - 10,'5

- ; ':00 8:00 I~.II. Be,inoin, Sj~n Cla~s

. 9,00 - IO!Ot)
,'.nll",.r Jhli'cl jar,

krtoa.

1

I'~: J ~ • J J : I r.

".rille-It lIt1d Ht-alLh

9

u: ~5 - 1::: I:'

lunch

9

I";:n - l:J~

£thit:1o l (li,1U Rl"'latiOJd

(lane'·'· I

("v.,t 1'·.:.1 ':,ItJa I eo* i
n.·" !:Jtl - :':JII "hlr.'~ f~l!'llt
I " ! "s '!! . (.''''l· I ....
I

2.

I: 13 - 2:! 5

Soe Ia.! "'ork - C.lUIua1ty ,

ruil,. ,1:1\ - :,]0

,

Ill' to fll

'(',30 - 4:)0

Cljtl11S' Ri~ht~, Ib<;,!dl'tll f'A'por. s t, S.u!:pt'Ctrd A.buu- l r.~"h"Ct

--- --- ----- ,

i

- - ....-........

PIIYS)CA~ HANACI-:HfHT 4 ."IEALT1Ht H.""ACf:,HDlT - 1 DOUR EACH ..-OR HlO AIDF. CHi:I""

• ""ur..... .. i oj...

. , Hf',1 '\'id~

M A It C ) II
1 9 9 2
)

STAFF DEVELOPMENT CALENDAR

f':!/I'?/'J!

HABCJI 9
MONDAY

. 12: ~O

2:~O

Co • • D. !'CRt Inf

,:1;0 . 3:00 An Uft I lnr~C"Uon
(0 trol :-'Jlf!nlt--

HAReD 11
tUESDAY

H.&JlCII 11 WEDNESDAY

9,00 • 12,30 CO.IIUJlI tJ C?R Chf'll Je~~I!'
9:00 • ~'JO Behavior Ih,ildp:".c'

8,00 • ~,JO
~ehavtor UuiJd~r5.

·B,oO - 9,00
~lru~!u!ed
I

~isure

i ,:00 - 8:CO p.~.
e~cinnlhi Slcn Cla$$ I J~,."e ~ . . . .

Or) nn(.at i en
Curr-leulPil
·3:30 - S-:30 OhRervinc lhp lI~.I!J t h
or e) !"nt8 !l:JO - ID::!O
O,.~ P"olralhlllnlt 10: JO - 11: 30
S.. jT.urf" 2
12:00 - 5:00 F"lrsl Aid

MABcn 12
rnURSDAT

(1:0("

1,30

~!l.·dor 9ut Ide--rs'*

HAIICR lJ
FRIDAY ----
·~:OD - :1:0) o\dul t ('PR-

Ori"btatjon Curl' leu) tUI 9,30 • 10:30
';o~sent D~("rp.
: 0: 3~ - 11: ~u
I S\oilllllinl{ Parol
i:!"O-2:~D li~dlc .. 1
T"'r.:n'J'lo~y"

R:»I Nf)M(!UT]ONg nup. ,
: 1:30 - Z:31J -;"gjnn!T:1 Sj~"
,, (.'J.1.5o:O; 1 (.Oh(,1'.
I
I

3:00 . 4,00 1=in· 5"r~l)'"

i

1:30 p.~.-JO:]O p .•.

II

Fir .. ~~r .. t:.-t

:)

;:(\0 ~ 6:CD p.lI.
:nl"t~~di~t~ S:4n CI:J:s!: {l."n~J"'.

~

_.

-

___ J/.

UNLESS OruEKWISE SrATED ALL CLAS58S WILL BE AT KILLER, CALL EXr. 260 ro SIr.H UP

rtoc .. II t

r 1.AS~

x,

~

-HARcn 16

I

STAFF DHVELOPKENT CALENDAR

HARCR 17

J i

HAReD 11.1

KARCU 19

HONDAY

TUESDAY

WEDNESDAY

THURSDAY

HAIICII 20 FRIDAY

U:vO - ~:JO ceRE D~Y 1

M

8: 00 - ~: ~o

)

A

"ta!1,j t Ro?\. C"1o.~

R

e

II

1 9 9 2.
)

I

11:00 -":3C CORK D.\!" 2
RiOt) - 5:CO
TCllin the 'Tr.inet"&
I~OQhd 1. Da~ I .usl attend a~tber d ...· in .\prJ:")
11:15 - 12:15 Fir\! S .. !'!ly*
~2:0v - ~:Oc.
DOC 8 - 0.)' 01111
.j&", • (~uat attend bolh
I:OC. - 2:JO .\n t 1-PaJchot.l e
~~cicktlon R~vi~w*'

IU:20 --4:J.) COR£ [.A.']
B 00 - 3,0' rid" tbo! Trai.ners Round 2. Day 1
.~S[ attend .nDlk~r ds!, in "',rllt
B:OO - 1;10 First A!...:!4
I J 2 : 00 - .. : 00 ODe R - )8)' 11000

8:00 - 5:uo

~1P •• lilDe

HitnSife.~II'.

8:00 - -I::iO

Handt R~vleh*

Orientation

I Curriculu.

":00 - ':00

Jnlrnduction 10

. CO.lllu.dcl'lt Ion rOr Df)

! .:00 - 10:30

I rUlttlUhlt, .u:CrsN

'\.:-1 h'" 1~5

10:30 - IO:U

8r-rd

I IO:.f3 - ~I~~~

"ulrl«~(>ft , 1If".~lh

; 11: ·~5 - 12.: l.!i

Ltwch

12d5 - IdS

[tides. .. ("J1r-111

RrJeLiofts

.-1:15 - 2:t~ $I)C'I"I "url. I fulh' ;2:15-::30

r ..."uui (,!I'

t %:JO - t!30

I • eli .....' 1i&l>ls, JDCldtat Reports' Sus~eted ~bu..

N_l:l,ct

1:00·, 2:)0

Hedlcal

Ter.. jnolou'u • 12 of "' :las3e~)

12-,00 - ~~:lO Adol t fl'I'" Cha.L lC:"I;:e-
i:CO - 1:0') He&it!h':
H.na:(~.IW.n :,f
-.,,_ ~ .. _ _ _ __

ADDENDUM #4 REVIEW OF DEATH REVIEW COMMITTEE

ADDEXDr~ #4
Review of Independent Death Review Committee Actions
To date, 3-9-92, the Death Review Committee, in compliance with the Procedures established October 14, 1991, has reviewed eight deaths. six of the deaths occurred between March 1, 1991 and the signing of the Death Review committee Procedures. Two of the deaths reviewed by the Committee occurred after the October 14, 1991 signing.
Currently, the Death Review Committee is working toward the establishment of protocols and defining modifications necessary to enhance the functioning of the Committee.
The following persons are presently members of the Death Review Committee: Patrick C. Allen, M.D., Forensic Pathologist; Alfred Healy, M.D., Physician with DO exposure; James Howell, M.D., County Health Officer; Sandy Mays, Director, Division of criminal Investigation laboratory; Susan Mydland, Independent Case Management Administrator and Death Review Committee Chairman; and Lucile Thompson, Consumer Representative.

PROTECTION & ADVOCACY SYSTEM, INC.
2424 Pioneer Avenue, Suite 101 Cheycnne, Wyoming 8200 I
Re: Westoll, et al. v. Wyomillg Siale Traillillg School, el al.
10 C, V I!>O 1-

Ms. Sondra Kaska

DD/MI Clinical Law Project

College of Law

,

Iowa City, Iowa 52242

r _,

Dr. Peter Blanck

:'J
".

The University of Iowa

~)

College of Law, Room 431

Iowa City, Iowa 52242

Re: Second Semi·Annual Report to CAB due March 13, 1992

Dear Compliance Advisory Board Members: Section 8.03(e) of the Stipulated Agreement provides that" the parties shall jointly compile
semi-annual reports outlining the degree of progress... ", including "recommendations". This report not only is the second semi-annual report, but it occurs on the anniversary of the signing of the Stipulation Agreement, dated March 13, 1991.
Attached is a summary of the status of items required by the Consent Decree to have been undertaken prior to the date of this report. However, consistent with the language of the Consent Decree, we respectfully make the following observations, reflections and recommendations:
1. This report embraces a time period from September 13, 1991 to March 13, 1992. A retrospection of the time period immediately preceding this reporting period manifested the flurry of activity by the parties which <:concentrated on those embryonic organizational matters and document preparations which obviously consumed a great deal of time and effort. This six month report reflects a transition period in which monitoring and compliance by P&A assumed a more

illlensive role. This period of time also encircles the legislative budget proccss which, at the timc of this rcport, has clouded the State's ability to deliver on its Consent Decree obligations by the apparent underfunding embodied by some proposals in the Legislature. This matter bears watching.
2. Simultaneous with the budget process was the dispute revolving around the State's proposed four year plan which culminated in a recent decision by CAB and filed with this Court concerning certain findings and directives raised by P&A, and therefore does not bear repeating in this document. Discussions concerning the subject four-year plan are ongoing at the time of this report, in partial response to CAB's findings and in part to demonstrated need for the parties to work together in a constructive fashion.
3. The discussions concerning the four-year plan also demonstrate a necessity of the parties to accomplish desired goals and objectives of the Consent Decree through an assignment of particular functions to committees. These matters are: I) discussion of the four-year plan; 2) the issues raised by P&A concerning medical management at both WSTS and community programs: 3) the issues raised by P&A concerning transition issues; 4) the issues raised by the State with respect to extensions for IPP. These issues overlap in many areas but are detailed enough in each arena that substantive discussions are warranted and, as previously indicated, these matters are being discussed and debated and hence is on-going.
4. The tinder that fueled the need to have such subcommittees originated from P&A's compliance and monitoring functions. In some of its initial reviews of community programs, P&A has articulated concern that community supports and services are lagging behind the anticipated or hoped for placement schedule of WSTS. Medical management issues are a prime example of inconsistency between and within community programs and, in one case that came to
2

light almost two years after tile incident, a death occurred in a community program due to an alleged failure in the medical management process.
5. The next six months will continue to intensify monitoring at community programs as monitoring phases into individual supports and services or the lack thereof. As issues are raised by such monitoring, occasionally systemic changes may be warranted,·subject to debate and discussion. One such issue may be the statutory and regulatory framework that govern community programs.
6. The parties are attempting to reach agreement on several matters through the infornlal resolution process called for in the Consent decree.
JEANNE THOBRO
DANNYWlLDE
MICHAEL REESE
3

STATUS REVIEW OF COMPLIANCE
Note: Scheduled date refers to the time in which the Slate must submit documents for the review process

[talics:

September 13. 1992 ta March 13. 1992

ACTIVITY
1. Ombudsman
Scheduled date:by December 31.1990
Completion datc:sec notes

STATUS
This activity was extended initially ta lune 12. 1991. A second extension was granted by Jeanne Kawcak on June 14. 1991 at the request of Mr. Bob Clabby. The extension allowed the State to inform P&A by June 21. 1991 of ilS proposal ta meet the comRiiance deadline. Mr. William Ryker was hired by the Division af Developmental Disabilities ta start July 15. 1991. Informed by letter dated June 27. 1991 by Bob Clabby. This position referred to as Client RightS Specialist.
This posilion has been responsive 10 comp/ainIS of abuse and neg/eci 10 dale.

2. Client rights specialist Completed.

Scheduled date:by March 13. 1991
Completion d:lle:see notes
3. Community Integration Campleted.

Scheduled date: no date set in agreement

Completion date:see notes

4. Organization Chart

A detailed organization chart was submitted on WSTS by letter

dated June 27.1991 by Roxanne Ralls. Section 5.13 of the

Agreement sets forth the requirement for the organizational

Scheduled date: no date chart. Such a chart has not been prepared by the Department of

set in agreement

Health .. although a letter dated May 29. 1991 to "Legislator" by

Jane Sabes. Director of Depanment of Health. did not include

Completion date:sce

independent case management.

notes

-

Organizational charts haye been prepared.

4

5. CAB oVl.!fsight plan

Tilt.: St:.nc suhmitted J. t.!r:J[t plan dated 4/-;'2/91 to which P&A
rl.!spondl.!u with its pL.w. At the r.1ay 9&10, 1991 meeting In

Lmdcr. ;lgn..:cmCnL 1t1 principle was rC:lcheli on staffing. Thl! State

SL:hcdulcd dale: within promised a new version about the \vcck of July 7,1991 and over 45 days of March 13, lhe last several months there has been considerable discussion

1991

which contributed to the delays in adopting the plan. The State

submitted a new draft dated July 5, 1991. P&A responded in

Completion date: sec

leller dated July 18,1991. By letter dated August 27,1991 P&A

notes

has provided additional comments on the CAB plan. The proposed

p!;.lll is still pending .

.-\ C..\B oversight plan is yel to be approved and agreed upon.

6. Class member proc.

This action was to have been completed by May 13. 1991. As of

June 19, 1991, this activity was still unresolved. P & A allowed

an extension in this malter. and set a June 27. 1991 deadline. A

Scheduled date: within mecting was held in the Governor's conference room on June

45 days of March 13, 27.1991 in an attempt to resolve differences. From P&A were

1991

Michael Reese and Danny Wilde; from the State were Steve

Zimmcrman, Jane Sabes. Ken Heinlein. Bob Clubby, Pat Arp,

Completion date: see

Dennis Coil and Rowena Eckert. Danny Wilde was delegated the

notcs

responsibility to draft language on the independence of the

evaluation team which was completed on June 28. 1991. Other

issues unresolved from this meeting included the issue of case

managers for non·cJass members. \Vith proposals back and forth,

agreement was reached and Appendix A was filed with the Court

on August 2. 1991.

Discussion and negotiation continue on certain aspects relating to procedures for applying for eligibility.

7. Submit final list of class members

Not completed. The Slate submitted a list on May 29. 1991 which has nOl been reviewed for verification, nor whether this list complies with the definition of class members.

Scheduled date: within 45 days of march 13, 1991

This list is not yet final. As 0/ February 11. 1992. the State
acknowledged thaI P&A "s Concern aboul accuracy "was correct" and that the Slate would be submitting revisions.

Completion date: see notes to #6 above 8. IPP Criteria

Not compieted.P&A has made additional comments and the State has not responded.

Scheduled date: within 60 days of March 13.1991

The Slale responded on OCIober 24. 1991 incorporaling most P&A commentS.

Completion date: sec notes

5

9. Civil Ri~l1lS Handbook Not completed.Allothcr draft was prepared by WSTS and P&A responded In memo dated M3Y 7. 1991 that the draft was nO[
acccplJblc. Scheduled date: 60 days As of September 10, 1991 P&A has not received any further draft.
from dale of agreement
P&A by correspondence dOled November S, 1991 commented on Completion date: sec tile latest draft and is awaiting receipt of final document. notes

10. Substitution roster plan

Not completed as of September 10,1991. The State by and through Shirley Kingston is responding to changes suggested by P&A after a meeting with Shirley Kingston and Danny \Vilde in September

1991. A formalized plan was submitted on August 29, 1991,

Scheduled date: June I, which IS after the original scheduled date.

1991

Completed.

Completion date: see

nOles

II. CAB Budget

After several drafts and comments, the CAB budget was adopted

for the nrst year.

Scheduled date: within 90 days of appointment. i.e. March 12,1991

Completion date: see

,

notes

12. Staff training plan

Not completed. P&A has suggested values based training and

submitted information on such training. No resolution of this

issue. Based on a recent monitoring check to WSTS, P&A will

Scheduled date: 90 days follow through with more comment and suggestion on training

of date of agreement

needs.

Completion date: See notes

A revised training and orientation plan was prepared by WSTS incorporating recommendations of P&A. in tale October 1991. Awaiting further State response.

6

13. Abuse and neglect

Not completed. P&A has submitted comments: :lwaiting response

reponing system at

rrom the SLille.

WSTS

P&. ..I is reviewing Ihe {alesl drafl of liIe reponing syslem againsl

Scheduled date: Within alleged ab"se and neg{eci allegalions 10 validale Ihe reponing

3 months of date of

system.

agreement

Completion date: sec
nOlCS

14. Plan for technical assistance to the

The technical assistance plan as submitted by the State accompanied the training plan and essentially incorporated the

community programs

training plan as the technical assistance plan. See previous

comments on the training plan ..

Scheduled date:90 days

of effective date of

agreement

Completion date: sec notes

15. Civil and legal rights of A one page document had been handed out dusing the May 9 &10.

the class members

1991 meeting in Lander This one-page document was commented

on and Ken Heinlein was to make changes. P&A has no information

Scheduled dale: June on the usc of such a document or if the Change suggested by P&A

21. 1991

was ever madc.

Completion date: see notes

7

16. IE? [or eJch WSTS
resident under {he
of 21 YC:.lrs
Scheduled date: June 30. 1991
ComplClion dale: sec notes

?&A hus been told thal this clement is complcted; however, compliaIlce will verify whether IEPs have been completed .No rJo~umcl11s have been submitted to verify this activity.
IEPs are completed and transition plans arc being developed.

17. Private. comfortable and san i tary residential setting at
wsrs
Scheduled date: June 30.1991
Completion date: see notes

P&A acknowledges receipt of a June 27, 1991 report on this maller but P&A has questions in this area and is conducting monitoring to verify the accuracy of the report.

18. Residem population <=301
Scheduled dale: June 30, 1991
Completion date:

Completed.
The training school is planning accelerated placements that may affeci this element SOoner than required. but this is an issue that is being discussed and debated.

8

19. Public CdUCJlion ptan On-going. S~vcrJI meetings have occurred during [he last few

for the stJtC

months in a mutual and concened effort to provide public

education. However, [he Slate was lax In informing parents and

Scheduled date:Junc }o. fJrnily members about [he Consem Decree. which led to some

1991

unfavorable publicity during the summer of 1991.

Completion date: sec notes

Ongoing.

20. [nternal Quality

The Slate has submitted a plan but P&A has not yet responded.

Assurance Plan WSl'S

A review of the December 31, 1991 draft Quality Assurance Plan

Scheduled date: no dale is ongoing due to the serious nature oj (his plan.

set bUI upon agreement.

July 1.1991

Completion dale: see notcs

21. ENAT preliminary

P&A granted extensions in this matter. ENAT reports were due

report due

AuguSl 30. 1991. P&A has not received repons at this time even

though requests have been made.

Scheduled dale: Initial

reports by July 1.1991 ENAT reports have been completed.

Completion date: see Notes.

9

22. CAB first semiannual report prl:parcd
Scheduled dale: 6 months from date of agreemcnt
Completion date: see nOles

COJIPLEfED

23. Case Management Rules .'lwailing state drafts. P & A has responded in wriling to draft

and Regulations

procedures and policies and has had ongoing discussions.

24. rEP review by LEA. rEU Completed. except for children whose parents are out of state. of all WSTS class
members

25. Area Resource Specialists hired

To our best knowledge lIzis has been completed.

26. Technical assistance

Awaiting.

available as required in

the T.:\. plan

10

27. rpp for all class members al WSTS

Ongoing discussion of lhe State's rcqucsi for an cxtenSlOn. P & A opposes blank':l t:xLCnsion. Slale has failed to write and implement adequate and appropriate IPP's.
Non-compliance has been ciled in numerous cases.

28. Case Managers (I: 1525) class members 1991·92 transitions

Not all hired.

29. Case Managers (1:1525) Class members going to comm prgs.
Scheduled dale:
Completion date:

Ongoin.g but not compleled.

30. Case Managers (1:1525) class members in the community
Scheduled date:
Completion date:

Ongoing but not completed.

31. WSTS Four Ye" Plan This plan is undergoing extensive debate and discussion.
Scheduled date: Completion date:

1 1

32. Rules and reguiJliolls to assure qUJli[!' services
Scheduled date:
Completion date:
33. EP review by LEA. lEU of all elass members not at WSTS
Scheduled date:
Completion date:
34. Annual update of volume and frequency of drugs consumed
Scheduled date:
Completion date:
35. Annual update of WSTS policies and procedures
Scheduled date:
Completion date:
36. Annual medical and dental exams on WSTS residents

Scheduled date:
Completion date:
37. Case Managers (1 :50) Compleled. all WSTS residems (was 31 Oec.92)

Scheduled dale:

Completion date:

.

38. Case ;o..L.H1Jgcrs ( I : 1525) all other ~!JSS members

OflgOln.~.

Scheduled d:llC:
Completion date:
39. 162 Life Safety Code
beds at WSTS
Scheduled date: Completion date:
40. Annually updated training plan

To happen. To happen.

Scheduled date:

Completion dute:

41. Resident population

To happen.

<=270

Scheduled date:

,.

Completion date:

42. Emerson School closed To happen.

Scheduled date:
Completion date:
43. IPP for all class members receiving community services

To happen.

Scheduled date: Completion dale:

I 3

 ....LVIN WIEDERSPAHN CYNTHIA LUJ,lMIS AlGIROAS 1.1. LIEPAS' DIANE .... LATl-4RQP • MICHAEL H. REESE MAXINE R. WEAVER'

WIEDERSPAHN, LUMMIS & LIEPAS

.4 PROFESS/ONAL CORPORAT70N AITOR."IiEYS A.'TI C'Ol.i'OSELORS AT LAW

2020 CAREY AVENUE. SUITE 700

CHEYENNE. WYOMING 82001
TELEPHONE (l 07) 638· 64 1 7
FACSIMILE (307) 778-1628

HI OLD TOWN SOUARE
SUITE 238 FORT COLLINS, COlORADO 8OS24

May 26, 1992

.-

Ms. Sondra Kaska

)

DD/MI Clinical Law Project )

College of Law

)

Iowa City, Iowa 52242

)

Dr. Peter Blanck

)

The University of Iowa

)

College of Law, Room 431 )

Iowa City, Iowa 52242

)

- ..
COMPLIANCE ADVISORY BOARD

WESTON, et al v. WYOMING STATE TRAINING SCHOOL, et al

WHEREAS, Section 5.15 of the Consent Decree requires that a fouryear plan be prepared subject to the review process contained in the Consent Decree;

WHEREAS, several drafts of the four year plan have been reviewed and the parties have come to an agreement on the attached four-year plan;

NOW, THEREFORE, it is mutually agreed as follows:

I. The State of Wyoming, by and through undersigned counsel of

record, Shirley Kingston, and the Wyoming Protection and Advocacy System, Inc., by and through undersigned counsel of record, Danny Wilde

and Michael Reese, as counsel for the class, hereby agree to the attached

four year plan.

2. The parties would appreciate your signing and returning to this

81

office the attached copy of this letter, which can then serve as a memorial of this agreement.

f

3. The parties request that this letter of agreement and the four year plan be filed by CAB with the United States District Court for the District of Wyoming.

STATE OF WYOMING

WYOMING PROTECTION & ADVOCACY SYSTEM, INC.

BY:~~ Ms:shiTI KiI1gOIl
Senior Assistant Attorney General 123 Capitol Building Cheyenne, Wyoming 82002

tL, Agreed to on May 2. f

1992

B Danny General Counsel fo 2424 Pioneer Aven e Cheyenne, Wyoming 82001
Agreed to on '~'.:..l""~992

Wiederspahn, Lummis & Liepas 2020 Carey Avenue, Suite 700 Cheyenne, Wyoming 82001
Agreed to on May£f, 1992
COMPLIANCE ADVISORY BOARD

Sondra Kaska
S-'!!: ,1992
By: 7...c. I)!~~
Peter Blank
S >...,I"("'Jt<'
Signed on ~ _ _ _ _, 1992
2

WYOMING STATE TRAINING SCHOOL DRAFT POOR YEAR PLAN
BEGINNING JANUARY 1992 (revision date: May 8, 1992)

Purpose of plan
While the development and presentation of this four year plan at this particular time is succinctly tied to provisions within the Consent Decree, Weston et al., v. Wyoming State Training School, et al., the plan is viewed as a vehicle by which the staff and management of the Wyoming State Training School can and will, ultimately support and fulfill its mission as a facility for persons with developmental disabilities. The Four Year Plan does not change any provisions in the Consent Decree and is intended to support it.
WSTS Mission, Goals and Objectives
The mission statement for the Wyoming State Training School along with its correlative goals and objectives was developed by the Leadership Team of the Training School in a three day retreat in February of 1991. Utilizing input from all levels of staff at the Training School, the mission statement, goals and objectives became the predominant feature of the Quality Assurance program for the Training school as well as all other planning and review processes. Thus the inclusion of the mission statement, facility goals and objectives becomes a logical and central part of this four year plan.
To this end the mission statement, as adopted in WSTS policy A.l is identified as follows:
Mission Statement: The Wyoming State Training School is a service agency that provides supports and opportunities for individuals with developmental disabilities to achieve success in life.
The wyoming State Training School pursues its mission with the belief that:
1. Life in the community is a basic human right, not a privilege to be earned.
2. Each individual has a right to participate in normal every day life.
3. Each individual can grow and develop. 4. All individuals and employees should be treated with
dignity. 5. Individual autonomy should only be subject to State
intrusion to the absolute minimum extent necessary to receive the appropriate supports and services. 6. An individual's rights should be cherished, valued, protected and actively promoted. 7. Services should be provided in a manner which meets the needs of the individual regardless of their funding eligibility or participation in any particular government program.
Page - 2

8. Individuals, parents and guardians should play an active and meaningful role in the development and implementation of appropriate suppor~s and services in accordance with the individual's IPP.
The Wyoming state Training School is guided in its mission by the following goals and objectives:
GOAL #1: To assure that individual's strengths are maximized and needs are met as appropriate to the age and station of life for the individual, as evidenced by individual growth and progress.
objectives: #1. Every individual will have annual assessments and an
Individual Program Plan that assists in maximizing their strengths via active treatment. #2. Every individual will have a 24-hour schedule that is fully implemented as dictated by the Individual Education Plan/Individual Program Plan.
GOAL #2: Establish and maintain organizational structures, resources, and clear direction in a rewarding environment, to assure that opportunities provided result in successful individual development and community involvement.
Objectives: #1. To establish structures for communication, delegation,
controls and accountability that address and respond to the identified needs of the individual and the ability of the organization to provide for them. #2. Provide a working environment that motivates every employee to contribute to the achievement of the individual'S development and agency's goals. #3. To facilitate and achieve community integration and placement, through assistance, technical expertise and general support to individuals placed, community service programs and the community at large. #4. Provide clear direction through the establishment and maintenance of effective planning and decision-making processes which will promote agency values and compliance with identified standards in an everchanging and dynamic planning process.
GOAL #3: Provide dynamic support and services to promote health and wellness as evidenced by achievement of outcomes as identified in the Individual Program Plan.
Objectives: #1. Assure that all individual's nutritional needs are
consistently met.
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#2. Implement Health Education programs to enable individuals to make choices consistent with their needs.
#3. Assure effective health care responsive to each individual's needs.
GOAL #4: To provide an environment that is barrier free and safe and allows opportunities for choices in family living, work and leisure. Objectives: #1. Each individual will have living facilities which
afford privacy, comfort and sanitation by June 30, 1991. #2. The number of Life safety Code beds at WSTS will be 162 by March 31, 1992. #3. Buildings and facilities that are used by individuals living at WSTS will comply with Life Safety Codes by December 31, 1994. GOAL #5: To provide an atmosphere that is safe and protects and supports the human and civil rights of all individuals. Objectives: #1. Individuals will be protected from abuse, neglect and harm. #2. Individuals' rights will be identified, protected, and supported.
Page - 4

Action Planning-Quality Assurance Process
The overall operational processes that support and allow for the realization of the WSTS mission, goals and objectives is supported by the WSTS Action Plans, and the process for implementing such, as devised in conjunction with the mission statement. The WSTS Action Plan process was developed in the same forum as the mission statement, and the goals and objectives by the WSTS Leadership Team. The Action Plans were viewed as the vehicle by which the mission statement could be aChieved and individual goals and objectives completed.
The Action Plans have become an integral part of the overall Quality Assurance process, and reflect an in-depth review of all areas at WSTS and how they operate on a regular basis. Along with the IPP-QMRP Training Manual, and other departmental manuals and processes, the Action Plans present a comprehensive view of how WSTS operates, its processes for providing services and general operations and the means of determining consistency and effectiveness.
The Action Plans are a comprehensive and systematic tracking device, which detail the many sub-components of the overall planning and operating process. By nature, the Action Plans are a dynamic system that evolve with the needs of those served and the processes of the agency. Action Plans are not to be viewed as a static process, but will change with the demands of the agency and those served, as well as serving the constructs defined in this Four Year Plan and other regulatory or guiding influences.
Action plans will be periodically reviewed, but at least annually, to determine their effectiveness and the need to be modified. They will reference specific goals and objectives of the WSTS Mission statement and be used as part of the evaluation process by each department. This process will assist in determining departmental direction and service delivery to clients.
The processing of action plans and periodic review of those plans will be coordinated as directed by the Superintendent. WSTS action plans will be available to all staff, individuals, and families of individuals served, as well as
others with an interest in the WSTS.
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persons Served
In the development of the four year plan beginning in the calendar year 1992 and extending through 1995, the administrative and management team at the Wyoming state Training School felt that the first priority was to structure the agency in terms of the manpower necessary that would best serve those individuals most likely to be served there over the next four years.
To identify the individuals most likely to be served over the next four years, a review of the Individual Program Plans for all persons currently residing at the Wyoming state Training school was conducted, with a specific emphasis placed on the community placement plans set forth in each Individual Program Plan, and outlined in the IPPQMRP Training Manual. The community placement plans are constructed by each individual's interdisciplinary team and attempt to determine the likelihood for community placement, based upon the individuals wants and needs, as well as the team's intimate knowledge and clinical assessment of the individual. While each team recognizes that no individual should be considered in a permanent placement at WSTS, the team does consider a number of factors in determining the potential for successful placement in the community.
After careful review of each community placement plan along with interviews of line staff, QMRP's and other team professionals, the Clinical Services Department and the Habilitation Department determined that in all likelihood the 161 persons residing at WSTS from 1992 through 1995 would consist primarily of those whose medical conditions may prevent them from finding services in the community at large, particularly in rural wyoming and also individuals who are aged and have found WSTS and Lander to be their long-term city of residence and have expressed the desire to remain at the Training School facility.
These two groups, the medically fragile and the aged, would appear to comprise nearly three-fourths of the population at WSTS through 1995, with the remainder of the population being individuals whose needs in behavior and selfmanagement are of such significant magnitude as to prevent them from placement in a community setting in the near future, as indicated by the interdisciplinary teams in the Individual Program Plans.
It was the consensus of the planning groups to assure that although there was a likelihood that some individuals would remain at WSTS due to medical or behavioral needs, no placement would be considered permanent if the needs and desires of the individual could be better met in a less restrictive environment.
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with this in mind the planning team structured staffing needs that would best serve this profile population, with the 585 staff allotted in the buildings selected by January 1995. Additionally the planning team recognizes and aggressively supports the rights of the individual and his
or her team in its determination of what is the most
appropriate place of residence for that individual as established in the Individual Program Plan. It should be noted that this planning document reflects the placement of all school-aged children presently living at the Wyoming state Training into community based living options. This decision will, of course, be based upon individual needs as identified by the IPP/IEP teams.
Page - 7

Census Reduction Planning
The actual placement schedule will be determined by the availability of appropriate community-based services which will meet the individual client's needs, as determined by the IPP/IEP team decisions. Any placement numbers identified in this plan are for planning purposes only, and are SUbject to appropriate transition planning for the individual. At the conclusion of 1991, the WSTS on campus census will be 250+. In order to effectively meet the needs of those served in facilities that meet Life Safety Code standards census reduction planning will occur as follows: School-aged individuals will begin placement in their home communities in 1992, early placements for those individuals who can be served may begin occurring as early as April of 1992, with the bulk of the school-aged placements occurring in July 1992. Completion of the placements for school children will be August 1992 at the latest. Total placements for this group will reduce the WSTS census by 30 individuals. Additional information on placements for school-aged children is referenced in attachment A, from the State Department of Education. community placements for adults at WSTS will occur over the next biennium, so that beginning in July of 1992 the allocated placements for the 92-94 biennium will occur in the first six months of that fiscal period. The schedule for these 44 placements will occur as follows:
-20 placements will occur in September 1992; -24 placements will occur in October 1992. These placements will reduce census to approximately 180, by November of 1992.
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Program structure and Building Usage

In reviewing the present program structure, the planning team felt that from the basis of reduced census and with some natural geographical boundaries, the delineation of Habilitation into four Residential Programs supervised by two managers, was natural, with the day program continued as a fifth service entity, and the Health Care facility as a support unit for acute care and medical respite needs.

with the completion of the renovation plan currently underway, by March of 1992, the WSTS campus will consist of the following living units and residential capacities:

401 Meadowview

(16)*

404 Meadowview

(16)*

402 Meadowview

(8 plus 4 apartments)

Spruce

( 8)

500 Center

(16)

502 Center

( 8)

504 Center

( 8)

102, 103, 109 Meadowview

( 6 each) *

101, 104, 105, 107, 111 Meadowview ( 8 each)*

Pine

(16)

Ash/Elm

( 6)

*ICF/MR certified by the end of January 1992.

The structure of the campus based upon buildings served will depict four programs as follows, with total census not to exceed 161:

Program One will consist of: 401, 402, 404 Meadowview for a total of 40-44 persons served (with the variance determined by the number of persons living in the apartments in 402) , with an emphasis on senior citizen placement and activities. 403 Meadowview (current WAC building) will be utilized as a senior center and enrichment activities program. By filling vacancies at 401/404/402 beginning immediately, most of the 400 Meadowview complex could be senior citizens by the time of Smith Hall closure. Additionally, this unit will provide assist to those persons in need of respite and those living
off grounds.

Program Two will consist of Pine, 102/104 center, and Spruce for a total of 38 persons served.

Program Three will consist of 111, 109, 103, 101, 105, 107 Meadowview for a total of 44 persons served.

Program Four will consist of 500, 502, and 504 Center, Ash and Elm for a total of 38 persons served.

Page - 9

Building closure schedule As the facility decreases in population and finishes renovations, it will be able to close the large dormitory style buildings. Such buildings, contingent on placements and ongoing review of campus needs, will be closed as follows:
Maghee: To be closed in April 1992 upon completion of renovations to 500 Center.
Hunt: Anticipated close date 9/1/92 based on school age and other placements. The 11 adults will move to Willson when school age placements are made from that unit, until placement into the final buildings used becomes possible based upon community moves.
Smith/Rothwell: Anticipated closure is 10/1/92 based on
community placements. Willson: Will remain as last dormitory-style building
open. With movement of school age children out, willson will house residual population of Willson, Hunt, and HCC (approximately 10-15).
Anticipated close date is 12/31/92, contingent on
community placement moves. 95 Meadowview: will be the last remaining building to
remain open into 1993, as the community placement schedule as depicted later in this plan will bring the WSTS census to approximately 170 at the conclusion of the 1992 calendar year, thus housing for 7-8 individuals over the 162 bed census will occur.
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ICF/MR certification To assist the staff at WSTS in best serving the needs of those at the facility, the planning group determined that the best option for maximizing resources, most notably the 707 staff positions, was to pursue ICF/MR certification for the remaining beds at the WSTS campus in 1992. While recognizing that not all persons to be served over the course of this four year plan can be eligible for ICF/MR certification and the ensuing Medicaid funding, WSTS will seek to certify the maximum number of beds under the ICF/MR program regardless of whether or not actual billing for that certified number can occur. As dictated under Wyoming state statute, all persons served at WSTS will be provided services in compliance with ICF/MR regulations, as a minimum standard of care, without concern for the funding that may be generated by the individual. The use of ICF/MR standards will at a minimum assure that services meet Life Safety Code standards for environment, safety and sanitization conditions; provide for minimum qualifications and standards of certification for employees; assure minimum standards for active treatment; direct care staffing ratios; and processes for the protection of individual rights. With the projected certification of 90 ICF/MR beds by January 1, 1992, WSTS will continue the ICF/MR program of active treatment to add approximately 70 additional beds. units will begin readying for certification as early as January of 1992 with actual federal surveys being conducted as follows:
August 1992: 402 Meadowview; December 1992: 502/504 center,500 Center; January 1993: Spruce, Ash, Pine
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Personnel Needs
The Wyoming state Training School would need 565 personnel positions in order to meet the 3.5 overall employee to client ratio as ordered in the Consent Decree, for the services and supports necessary to operate the Training School for 161 individuals. Additionally, the Training School would need 20 positions to provide for community support services, the WSTS Child Care Program and assist with respite coverage.
While the concept of providing a variety of community support services is a valued one, the planning group has determined that the first agenda of the community support services personnel would be to conduct a state-wide needs assessment, to specifically determine the needs of the state, prior to developing a large contingency of professionals in any given area(s) that may prove to be unnecessary. To these ends the planning agenda reflects actions to be taken to complete a needs assessment for the state in regards to determining what the state needs and how to best serve those needs for its citizens with developmental disabilities.
WSTS Service and Support Personnel .••....... 565 positions WSTS Child Care Program . . • . . . . . . . • . . . . . . . . . . 14 positions WSTS Community Support Services ..•....•..... 6 positions
Total positions Needed 7/1/93 .......•......• 585 positions
In order to achieve the level of services necessary to assure compliance with the Consent Decree and the ICF/MR regulatory standards that are to be applied campus-wide, the administrative staff at WSTS has requested that the State permit the retention of all of its current 705 positions through the calendar year 1992.
During this time, WSTS will reduce its census to approximately 170 by December 31, 1992, and certify 158 beds under the ICF/MR program by the end of January 1993. Following the completion of the final certification processes, WSTS will then begin a reduction process from 705 staff positions to 585, as reflected as necessary in this four year plan.
Page - 12

Habilitation Services

Direct Care: The planning team felt that at the basis of all sound efforts for habilitation and treatment activities was the need to create a core of direct care services that would meet any and all needs of those served. The planning team felt that beyond solid direct care ratios, true success at the direct care level would entail emphasizing strong credentials and training of the direct care staff.

This would permit a focus of treatment services at the front line level so as to provide maximum availability and consistency to best meet the needs of those most likely to be served in the future.

The planning team felt that the direct care role was one to be expanded in all areas and to begin assuming more specialized roles in the areas of therapy delivery, recreation and behavior management. It was agreed that all direct care staff, to the maximum extent possible, would attain certification and training within given time frames the following areas:
1) medication aide certification (1993); 2) meal time management training as offered by the
resource team (1992); 3) physical management training as offered by the
resource team (1992); 4) behavior management (1993). Direct care ratios would reflect 1 staff person for each
2.67 persons served in order to meet ICF/MR certification needs. Additionally, in order to provide coverage for training, annual leave and such, the planning group recommended nearly a 30t overage in direct care staff.

Finally, to assure that adequate services were offered where most needed, provisions would be made to provide 1 to 1 coverage for people with specialized needs such as behavioral management as well as maintaining the staff pool positions as a back-up resource, utilizing 7 staff positions. This would revise the existing staff pool format and provide for more trained and experienced back-up coverage. Additionally, it was determined that the shift supervisors would not be reflected in direct care numbers to assure that their roles were not diminished as supervisors and training personnel.

Total direct care needs (aides, charge aides):

First shift •..•..•••..•••.....••••..•• Second shift .•..•..••.••....••••.•..•. Third shift •.....•..••...••••....•.... 30t Overage .........•..•......•.....•. Staff pool and specialized coverage ... Direct Care Staff ....•.••..••••.•.••..••.

84 positions 84 positions 28 positions 59 positions
7 positions 262 positions

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Habilitation Program Staff: The Program staff structure is based upon a four program unit as fOllows:

Habilitation Director....................

2 positions

to include one clerical support staff.

Program Secretaries......................

2 positions

Program Managers.........................

2 positions

QMRP's .........................•........

10 positions

It was determined that with the addition of the Education

Trainers listed below who could be utilized in back-up

support to the QMRP's, services and coordination to and

with families would be enhanced by having the QMRP's

assume the social worker roles. Additionally, it was

felt that with the advent of case-management services and

the likelihood of large numbers of community place-

ments decreasing and the completion of guardianship for

most remaining persons the social work role would be

greatly diminished. Sample QMRP case-loads as follows:

Prog.l 401 MV . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
404 MV . . . • . . . . . . . . . . . . . . . . • . . • . . . . . . . . • . • . . . 402 MV/Respite//Community Placements ..•.•...
Program Total Prog. 2
Pine .•....••...•...••.....•.....•........... Spruce/l02 MV/I04 MV . . . . . . . . . . . . . . . . . . . . . . . .
Program Total Prog.3
103 MV/I09 MV •....•......••...•••.....•..•..
101 MV/I05 MV .•....•...•....•..•........•..• 111 MV/I07 MV ...•....•..•..••...............
Program Total Prog.4
500 Center/Elm•..•••......••...•........•... 502/504 Center/Ash ...•......................
Program Total

16 16 8-12 44
16 22 38
12 16 li. 44
19 19 38

Aide Unit Supervisors....................

10 positions

with case-loads paired to QMRP's.

Shift supervisors........................

33 positions

Psychology.. . •• . . . . . . . . . . . . •••• . . . • . . . . . .

6 positions

with a case assignment to each Program area, it was

determined to have the 4 psychologists include the

1 Licensed Psychologist and have that individual carry an

active caseload, with five behavior management

specialists.

Recreational Therapist...................

4 positions

with an RT per each program unit, this number does not

reflect Recreational Therapy positions identified later

in the pool and recreational horse program.

Page - 14

Educational Trainers.....................

4 positions

a new position, these positions will provide a training

and program development role within each program under

the direction of the Program Manager. This function will

assure that new staff to each area will receive the

extensive training required to assure that their

effectiveness to the unit is conducted in a speedy

manner. Also this position will take on much of the

program development role currently split between the QMRP

and the AUS. This will assist in the increased case-load

duties of QMRP/AUS positions, as well as move the QMRP

into a more effective monitoring role as they will no

longer be responsible for developing programs and also

critiquing effectiveness. The AUS positions will then

also be able to concentrate more on resource utilization,

recreation/leisure time usage,supervision and quality

assurance in the program.

Staff Development ......................... .

6 positions

Communications Services.... .... ............

5 positions

Communication services will include 4 Communications

Specialists and one audiologist for augmentative

communication expertise.

Day Program................................

21 positions

This will include the current Program Manager position

and additional staff to develop the third day program

entity as described below, as well as the addition of:

a Therapeutic Activities Spec~alist.This position would

occupy the dual role of consultant and lead to the

recreation therapists as well as consultant and lead to

the activity oriented curriculum for the Senior Day

Program. The Librarian would integrate into the Day

program as it was determined that to better serve the

WSTS clients, it should be coordinated with the day

program, and assist in materials development.

A review of a profile of the type of individual who will most likely served, indicates the need for the creation of new or readjustment of the current day program emphasis. Projected Day Program services include:

Therapeutic Services: OT/PT/Speech therapies oriented into a program of increased sensory development, integration/stimulation. Under the direction of the current Education Director, Day Program Manager and the OT/PT Supervisor it was determined that the Emerson School building could be converted to such a program area and still allow for the gym usage currently conducted. Such a process could be started 6/92 and ready by 9/92.

Page - 15

Senior Citizen Program: with the number of persons over the age of 55, the planning efforts reflected the need to develop a program specifically to meet the needs of this particular age group. With the re-allocation of the 400 Meadowview Complex to one primarily designed for senior citizens, the current WAC building at 403 Meadowview was the likely site for such a day program. Pre-vocational: The conversion of the present WAC building to a senior center, would entail the need to move present WAC type programming (pre-vocational) to another building.With the essence of the Emerson program being in the therapeutic range, the planning reflected the obvious linkage between this and the pre-vocational programming needs of those presently at the WAC program. Vocational Training/Paid Employment: Current services at Coleman center would continue, offering vocational training and paid employment services as appropriate. Community Entry Services: Present collaborative efforts with CES should continue and when appropriate expand the base of services to include more WSTS clients.
Page - 16

Clinical services staff
Clinical services will attempt to utilize generic services within the Lander community to normalize all facets of its operations while still maintaining maximum sar/ices to those at WSTS. To promote team based services, clinical services staff will focus on program unit services and treatments, with a strong emphasis on in-house supports.
A large component of the four year planning process for Clinical services centers around the structure of health care delivery systems. The areas to be addressed include: organization and structure as reflected in policies and procedures; staff especially medical and therapies; resources such as equipment, library and the community health care providers. Short term plans address the needs of the current population and the needs of those transitioning to the community over the next one to two years. Planning efforts will be contingent on planning mechanisms outlined below as well as the utilization of future information from consultants, staff and trends in the field. Specific planning mechanisms for Clinical Services include:
Organization and Structure -Work has begun on development of medical staff bylaws, rules, and regulations. Current polices, procedures and protocols will be reviewed and revised, and others will be developed to meet the health needs of the individual and the organizational needs of the medical team. -Admission and discharge criteria for the Health Care Center will be developed. Criteria for transfer to a community health care facility will be identified. -Completion of policy and procedure manuals for all sub-departments with Clinical Services. -Further integration of Clinical Services staff, particularly physicians, nurses and therapies, into the interdisciplinary team process will be addressed through structured training and more direct visits to and service on the living areas.
Personnel and Staff issues -Recruitment for a medical director will continue. Recent efforts have provided WSTS with an outstanding candidate. Efforts will continue in physician recruitment, with increased possibilities arising if a full-time medical director is secured. Utilization of physicians per contract agencies to continue as needed.
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-With the addition of a OT/PT Supervisor six months ago, efforts in therapist recruitment have been enhanced. A presentation will conducted at Beatrice State Developmental Center Conference in April of 1992 outlining therapies development at WSTS. This should prove to be a valuable recruitment tool. Two Physical Therapists will join WSTS March 30, 1992 for short te~ contracts. Efforts will continue in recruitment in these areas, and retain contractual services as needed.
-A transition team has been identified within the four year plan to assist in incorporating the roles and services of the resource team into WSTS operations on a permanent basis, particular emphasis includes: retention of the expertise of the Habilitation Technicians; transitioning of training, assessments, and program development, currently provided by TCI consultants. (Please see pg. 27 for further details.)
-A Respiratory Therapy department will be maintained as a crucial element to the respiratory management of individuals with respiratory problems. This role currently held with TCI will be incorporated into a WSTS position.
Resources -The Health Care Center shall continue to be an integral part of the services provided by the WSTS. -Final determination and resolution of the types and intensity of medical services needed by the individuals residing at WSTS when the census reaches 161. -Correspondingly, appropriate resources in the community will need to be identified and arranged to assist Clinical Services in responding to the needs of those served.
-Identify individuals in need of 24 hour skilled nursing care and structure a system of health care delivery unique to that group.
-Update current library resources, including textbooks and journals.
-continue to identify needed equipment based upon services to be provided, and determine plans of acquisition that allow for flexibility and optimal usage (i.e. rental/lease versus purchase).
The on-going emphasis as identified in the preceding will necessitate a restructuring of the Clinical services staff as follows:
Page - 18

Clinical Director............................. 1 position Nurse Manager ................................. 1 position occupational Therapy .......................... 4 positions
with one therapist assigned to each program unit Physical Therapy ............................... 4 positions
with one therapist assigned to each program unit COTA or LPTA.................................. 4 positions
with one therapist assigned to each program unit, with the involvement of 3 certified therapists/therapy aides to each program, the need to have unlicensed therapy aides would not be necessary. Also with the expanded on unit therapy role, and extensive training to direct care staff, the role of the contract Hab. Techs would be replaced, increasing agency self-sufficiency-expertise. Program/Caseload RN's........................ 4 positions These positions will be responsible for medical/nursing services to the Interdisciplinary teams for assessments, monitoring, program planning and case follow-up. Program support Nurses ........................ 12 positions These positions provide for around the clock nursing services to the program units, as well as a back-up pool for HCC staffing needs as they arise. HCC Nursing and Aides . . . . . . . . . . . • . . . . . . . . . . . . . 10 positions These positions are for coverage at HCC for emergency medical placements, that do not require hospitalization. Clinic staff (RN/Aide) ........................ 2 positions Laboratory. . . • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 positions Medication Aide Nurse......................... 1 position
This position will coordinate the medication aide program with the Nurse Educator at Staff Development. X-Ray. . . . • . • . . • . . . • . . . . • . . . . . • • . • . . . . . . . . . . • . . 1 pas i tion Pharmacy...................................... 3 positions Physicians/Phys. Asst./Nurse Practitioner .... 3 positions Dental. . • . • . . • • . . • • . • . . • . . . . . . • . . • . . . . . . . . . • . . 3 positions Clerical (HCC)................................ 2 positions Therapeutic Equipment Shop.................... 3 positions Therapeutic Riding Program.................... 2 positions Respiratory Therapist......................... 1 positions
Page - 19

operations staff
Operations Director/Deputy Superintendent..... 2 positions Includes one clerical support position
Central Records .................... , ........ ,. 6 positions This would include the Medical record position to assure
continuity of all client records in all areas. It is not
anticipated that the duties and responsibilities of the Central Records Department will change drastically with institution downsizing and the end of the lawsuit. There may be issues that might change the current management of the Medical Records Department but many services provided will remain the same, regardless of the location/management of the information. It is planned that services provided by both department will be allowed to expand with a smaller client population.
Duties-responsibilities of the Central/Medical Records Departments will involve routine unit and medical records maintenance to include filing, processing, auditing, purging, etc. for both current and historical records maintained. systems will be developed on an ongoing basis to accommodate changes. IPP report generation and related records functions will be accomplished as well as medical transcription of dictated reports from physicians and consultants. Unit record audits for living area records will be done on a monthly basis as will random audits done with the facility QA Department. Client referral follow-up will be done on a routine basis to complete records information relating to off-campus services provided. Release of information handling/ processing will be done on an ongoing basis with the volume to increase with more community placements completed. Records-related reference information, committees, and staff training will be done and maintained as will department policy and procedure manuals as means to communicate and document department functions and issues. Medial Records related responsibilities may be subject to change to accommodate any changes in the location/maintenance of the medical information.
Ancillary services ....••..........•........... 42 positions Areas in the Ancillary Services Department will be functioning very similar to the way they function now, however, client numbers will be lower and we will be serving clients that are more severe handicapped. This will change some of our present duties.
Page - 20

Beauty Shop: We will have a beautician working part time in the Beauty Shop and part time in another area, such as assisting at the Swimming Pool. Our population would need the services of a beautician as it would be difficult to transport all clients to town for hair care. Religious Services: Our Chaplain would be able to serve our clients that remain at the Wyoming State Training School. and also serve as a liaison between clients living in the community and the churches of their choice. This could make transition into the community easier for clients.
Clothing Department: The function of this area would be much the same, but on a smaller scale. The Shopping Center will either be under the operation of Community Entry Services on grounds at WSTS or the clothing we present receive as donations will be forwarded to Neat Repeat in Lander. The clothing area would be responsible for mending, marking, altering, and constructing new items. This area would also be responsible for the birthday and Christmas gifts and Adoptive Friend involvement.
Laundry Department: All laundry services will be on contractual basis. WSTS is aware of all laundry facility in this region and will select the services that meet hospital certification, provide for the Training School needs, and meet budget requirements.
Dietary/Food Service: Again, this area will be functioning similar to the way it is being operated now, however, we will be providing more services. The clients remaining at WSTS will be clients that require a higher degree of nutritional needs, such as special diets, textured food, or tube feeding. Our dietitians would be able to provide more professional expertise in these areas, with frequent review. Food Service staff will also be able to provide more quality control and training to all areas at WSTS, particular in sanitation, temperatures, serving food more attractively, correct portions, and meeting all nutritional needs of the clients. Food service delivery will be same as we are now operating, however, we will be able to provide more individualized contact with each client and each staff in the training of nutritional needs.
Canteen. . . . • . . . . • . . . • • . . . . • . . • . . . . • • • . . . . . . . . • 4 pos i tions The Canteen staff will continue to provide client job training and the opportunity for clients to learn money skills and social skills. Clients employed at the Canteen will need intensive training, this will be supplemented by staff from Habilitation.
Page - 21

The Canteen will continue to be a social gathering place for both clients and staff which provides a unique opportunity for the social development of clients. There are tentative plans to develop a rec. activity room adjoining the Canteen.
Child Care .................................... 14 positions The Hunny Tree Child Care Center provides child care services for the staff of the Wyoming State Training School. Currently we are serving approximately 100 families, 14 hours per day, 365 days per year. Our plan is to expand services by relocating the Center to 100 Meadowview and increasing staff by seven (7) positions. By expanding these services we will better meet the needs of staff at WSTS net only in improved morale, but in recruiting and retention issues. The additional staffing will allow WSTS to meet state child care standards.
Grounds....................................... 5 positions The grounds maintenance department is responsible to maintain approximately 125 acres. this includes mowing lawns, landscaping, grooming shrubs, trimming trees, snow and ice removal and general clean up. The Consent Decree states at paragraph 5.03. "Environment d) Every building shall be kept clean,sanitary, odorless, and insect and rodent free at all times." To comply with this agreement, a preventive maintenance plan has been completed and implemented for every building on campus. The same responsibilities will be required after December, 1994.
Janitorial. . • • • . . . • . . . • . . . • • • • • . • • . • . . . . • • • . • . 14 positions Presently, the janitorial department provides services to 35 buildings and special units during periods of time that will not interfere with client activities. The janitorial department provides a clean and sanitary living area for individuals living at the Wyoming State Training School, as well as other areas for staff and visitors. The janitorial department is responsible for cleaning lights and fixtures, washing windows and cleaning heater vents, mop boards and kitchen range hoods. Also, special techniques are required for heavy cleaning, vacuuming, waxing, polishing and rug shampooing. After December, 1994, these services will still be required on a daily basis. The Consent Decree states, paragraph 5.03 states in part: "Environment d) Every building shall be kept clean, sanitary, odorless ... ", and at paragraph 5.03 e) "Housekeeping staff and services shall be provided to all living units every day in both the day and evening shifts."
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Maintenance................................... 19 positions Currently, all buildings receive carpentry, electrical, plumbing, painting, and appliance repair through this department. After December 1994, the Wyoming State Training School will still require these services on a daily basis. The maintenance department responds to written work order requests and telephone calls from the various areas when services are needed. About 500 to 600 such requests are completed each month. In addition, there is a Consent Decree preventive maintenance program. This program involves the entire department in regularly scheduled inspections of each building. At the current time, this preventive maintenance program involves 40 buildings and takes 6 months to complete. The future work load will remain like it is at present. In 1992, there will be 17 ICF/MR residences and 28 other support services to maintain. As all the buildings serving the clients at WSTS are brought up to life safety code and ICF/MR standards, there will be a continuing need for a maintenance department. The motor pool provides the safest and most reliable vehicles for both the residents and staff at WSTS. The motor pool has the responsibility of maintaining 45 passenger vehicles. In addition, the department provides service, maintenance and repairs for 50 various tractors, lawn mowers, utility vehicles and other motor driven equipment. These duties will be required after 12/94.
Security...................................... 5 positions This number of positions would reflect the cessation of grounds security during traditional business hours, Monday through Friday, with Habilitation staff assuming a greater role in coverage for unusual incidents. The projected operational functions for the Security Department after December, 1994, should remain about the same. Security provides around-the-clock services for our clients and staff and looks after the whole institutional grounds. Security is there to help our clients and staff in whatever way our services might be needed. If a client becomes lost, we are there to help find them. If a client becomes sick or injured and needs medical attention at a medical facility, we provide transportation to the facility. If a client on a walk with a group has a seizure and would not need medical help at the Health Care Center but needs transported home because they are unsteady, we provide transportation. If a staff member needs help with a client who is having a behavior, we help. Security is there to help insure the safety of our clients and staff. Security monitors traffic around the grounds and either talks to violators or tickets them. Security is there to respond right away to fire calls, and in determining if it is a false alarm.
Page - 23

Security is there to look after the whole institution, mainly after hours and on the weekends. Security checks every building that stands empty to insure it is secured and that there are no energy wastes found, such as needless lights left on or windows found open in the middle of winter. Listed above are a fe'. things that We in Security get involved in. As long as the Administration feels the need to have a security department and requires our services in whatever way they might be needed, we as a department will try to provide the best possible services we can give.
Swimming PooL................................ 5 positions Staff at the swimming Pool would be providing the service we are now providing with more involvement with the Physical Therapy Department in possibly range of motion for clients while relaxed from the water. Therefore, staff would have to have more training in this area.
Accounting.................................... 14 positions Basic services for clients and staff of the Wyoming State Training School will continue to be provided. These services include, but are not limited to, the following: purchasing, inventory control, warehousing and delivery of supplies and equipment, copier services, payment of bills for clients and the Training School, payroll for clients and staff, development and monitoring of budgets and preparation of various fiscal documents and reports required by state and federal statutes. Certification of medicaid beds has resulted in the need for intensive cost accounting procedures to prepare annual cost reports for each certified unit. The collection of data for these reports must be done on a monthly basis. Monthly billing to medicaid and reconciliation of accounts is also a major new accounting procedure. the financial status of each client is also carefully monitored to verify continued eligibility for Medicaid. Determining which Medicaid services are available for clients and the most appropriate way for the services to be obtained is also a new service which will be required. Clients who are not eligible for medicaid may be financially responsible for a portion of the services they receive at the Training school and detailed records need to be kept to assure that any amounts billed to the client are correct.
switchboard................................ ..• 5 positions The switchboard will provide twenty-four hour, seven days a week coverage. The extended coverage is considered to be necessary for optimum communication services at the Training School. This also frees medical and direct care staff from handling night-time incoming calls.
Personnel .•..••..••..•......•..••....•........ 5 positions
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The Human Resources Department serves the staff at the Wyoming State Training School in three areas. These areas include the Personnel Department, Safety Department, and the Child Day Care Center. As we begin to move forward with community placements and
reorganizing staff assignments, the Personnel Department will playa significant role in facilitating these changes. The day to day personnel administration and services provided will remain constant with 585 projected employees. We will need to retain current staffing in the Personnel Department based on that number of staff.

The Safety Department currently provides significant services in the areas of safety awareness and training, tracking and reporting on staff injuries and providing guidance to administration on safety issues. We would anticipate adding services for staff and administration in areas such as hazardous material control and handling more accident prevention training and positive reinforcement for a safe working environment. We will be able to provide the needed clerical support for the
Safety Department through Personnel once we complete the
staff reduction process.

Administrative staff

Superintendent/Administrator.............

2 positions

Includes one clerical support position.

Client Rights Specialist Services Manager

1 positions

Community Integration Office.............

1 position

QA/Accreditation/MIS Coordinator.........

4 positions

This includes one clerical support positions and also

identifies this area for responsibility in planning,

quality assurance, ICF/MR readiness.

community Support Functions Required in Consent Decree

Community support Personnel .•..••...••.•.

6 FTE's

As the WSTS develops as a statewide resource it will provide a variety of services to individuals and providers throughout the state.

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Position Reductions
To assist in reducing staff numbers without reduction in force' processes, the WSTS is proposing that beginning in July of 1992, all new hires who enter into a position category where reductions are scheduled to occur in the next year, will be hired as temporary employees only. These individuals will as possible be encouraged to secure permanent positions as they may come open, however the initial temporary status of their hirings will eliminate sudden, unexpected losses of employment.
The process for reducing positions from 705 in December 1992 to the 585 beginning in January 1993 and completing by July 1, 1993 will be as follows:
First each department head, as vacancies occur through natural attrition can determine whether to immediately replace positions that in all likelihood will be eliminated over the course of this plan. The decision to not immediately replace staff, where possible will hasten the down-sizing of the facility's staff without using reduction in force techniques resulting in lay-offs later.
The first reduction in staff size would occur beginning in January 1993, by the reduction in direct care staff numbers from the present 386 to the proposed 295 (including shift supervisors) by not hiring direct care staff until the numbers reflect a reduction of 91, this process could, via normal attrition rates, occur over the first seven months of 1993 without requiring actual lay-offs.
The additional 31 position reductions will occur by first utilizing attrition and the temporary employment option. However by July 1, 1993 an additional 31 positions will be eliminated, as necessary at this time. Reductions will occur in the following areas, these numbers reflect net losses, i.e.• education will lose four positions total as 11 are transferred into other areas such as the Educational Trainer positions and day program) and exceed the 31 positions:
Habilitation Management ..........•......• 3 position Behavior Management/Psychology Interns ... 5 positions Ancillary and Food Services .•........••.. 10 positions Laundry .•......•....•..........•.•••.•..• 7 positions Security....•...•....•..••.••••.....•.•.• 1 position QMRP/ AUS •.•••.•...•••.••..••••.•.....•... 6 positions social Workers .••...•..••.......•••...•.. 5 positions Administration•......•..•.•...••...••.... 3 positions Recreation Therapy .••.•..•••••..••...•.•. 3 positions Education •.••..•••..•..••...•...••••.•... 4 positions Janitorial •.••..••..............••....... 2 positions Staff Development •••.••.••.•.•••••••..•.. 1 positions Health Care ..••..........•..•••....•..... 4 positions
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Additional Planning Mechanisms
In response to issues that have arisen out of the development of this four year plan, the inception of additional planning mechanisms have been established to resolve a variety of issues. Most particularly, tNo planning committees comprised of WSTS staff have been established for resolution of issues Nith: Resource Team and Personnel Transitioning Processes.
Resource Team Transitioning committee: This committee cochaired by the Habilitation Director and the Clinical Services Director, in conjunction with other resources at WSTS and representatives from TCI, will develop a planning document that identifies:
- The ability of the Wyoming State Training School to acquire the necessary expertise and competence to independently from outside consultants to, provide training for meal time and physical management;
- Develop a schedule of how such expertise will be accomplished, how training will be initiated and the extent to which this training will be provided to WSTS staff;
- Develop a schedule and assume responsibilities previously exercised by consultants and their staff, identify the future role of the Habilitation Technicians' functions;
- Assess current contractual services as provided and determine the means for WSTS to provide therapy services and provide a schedule for implementation.
Personnel Transitioning: This committee, chaired by the WSTS Personnel Manager, with representation from the Habilitation, Clinical Services and operations Department, as well as the WSTS Employee Council, will draft a plan for addressing personnel issues that will follow from the completion of this four year plan. Issues to consider will include:
- Temporary hiring to alleviate long-term lay-offs; - criteria for maintaining personnel in positions where
reductions occur; - Identification of employee rights and agency
responsibilities; - Planning for deleting positions; - Other personnel issues that may occur.
Community Relations Advisory Committee: Chaired by the Superintendent/Division of Developmental Disabilities Administrator, this committee will work with community members, regarding issues that impact the community at large due to the down-sizing of the WSTS census and personnel. This committee will have representation as appropriate by the community, state personnel and other concerned parties.
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Planning Agenda: 1992
January 1992: 1. The grounds-wide quality assurance system will be implemen~ed. Monthly reporting process will begin at this time. Implementation of the QA system will reflect integration with Records Department auditing for tracking necessary documentation and data collection. 2. The Management Information Systems Coordinator will begin implementation of the administrative agenda for computer services through out the agency as based upon the needs assessment and prioritization established. Pertinent areas for MIS priorities in 1992 include: a. Client Rights Specialist Information. b. Centralize Client Database, linking Clinical, Habilitation and Central Records so that tracking information such as demographic information, IPP and assessment tracking information is standardized and can be updated with all three departments easier. c. Quality Assurance data base and reporting systems. d. Personnel informational database: records and safety data. e. Client financial information: DPASS billing, client accounts and eligibility. f. ICF/MR billing-cost accounting systems. The MIS functions as identified would be incorporated into the calendar year and upon completion, would immediately move to 1993 priorities. 3. The 400 Meadowview complex, begins conversion to senior programming by filling vacancies with individuals currently living at smith. This process will continue all calendar year. 4. Transition Planning for April restructuring into four program units. 5. Resource Team Transitioning Planning group convenes and begins process as identified in narrative. 6. Release of calendar for new ICF certifications in 1992: August: 402 Meadowview. December:500/502/504 Center. December: Pine, Spruce, Ash. 7. Begin annual review of WSTS policies and procedures (to be conducted over the course of the calendar year). 8. Personnel Transitioning Team convenes and begins process as outlined in narrative •. 9. Inception of Community Relations Advisory Committee.
February 1992: 1. continuation of processes as previously identified. 2. Grounds-wide QA baseline processes finalized.
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March 1992: 1. Task force initiated to consolidate paper processes for Habilitation, such as standardization of processes outlined in IPP-QMRP Training Manual to assure consistency and agency-wide compliance in areas such as program methodologies. 2. Implementation of shared-controlled client database as identified in January planning agenda items. 3. Habilitation Services assumes responsibility for Library services. Client library services to function under Day Program. Staff library services to function under Staff Training and Development. 4. Personnel Transitioning Team provides administrative staff will a draft of personnel plan on March 1.
April 1992: 1. 500 Center and Pine remodeling completed. Maghee moves to 500 Center. Pine re-occupied. 2. Four unit Program Structure Implemented: Program 1: 404/402/401 MV (add temporarily Smith) Program 2: Pine,102/104 Center, Spruce (add temporarily HCC, 95 MV) Program 3: 101/103/105/107/109/111 (add temporarily Rothwell ) Program 4: SOO/S02/S04,Ash/Elm (add temporarily Hunt, Willson) 3. Maghee closes. 4. Resource Team Transition Plan drafted for administrative staff review for April 1.
May 1992: 1. Administrative review of resource team transition and personnel plan for adoption/modification. 2. Continuation of all activities previously initiated.
June 1992: 1. School aged children begin moving out. 2. Current educational positions are available for distribution/re-allocation. Four positions would be converted to Educ.Trainer positions and assigned to Prog. 1 through 4. 3. Seven education positions would be added as necessary to bring Day program up to the 21 as planned. 4. Development of TES begins. 5. Educ. Director, new day program staff, the Therapy Services Mgr. and Day Program Mgr. would begin planning for the conversion of Emerson to the pre-vocational (old WAC) and Therapies program scheduled to open in Sept. 6. Additionally as school age children move from Willson and Hunt, adults currently living at Hunt would begin to move into Willson so that Hunt can close by september. 7. Implementation of shared, centralized and controlled staff data-base.
Page - 29

July 1992: 1. Adult community placements begin with new fiscal year. 2. Task force on paper process makes recommendations to Habilitation Department. 3. WSTS assumes all training of meal time and physical management training from TCI, with 75% of staff trained, and three on staff trainers. 4. Standardization of agency word processing. 5. Local Area Network (LAN) for administrative building computers. 6. Direct Care staff at 50% for medication aide certification.
August 1992: 1. ICF Certification: 402 Meadowview.
September 1992: 1. Emerson school closes. 2. New Day Program area opens to serve December ICF group. 3. 95 MV coverts to adult program, for the approximate 7 adults not yet into ICF/MR beds at this time. 95 MV will be the last non-Life Safety Code living unit to remain used beyond 1992, it will close as community placements occur over the remainder of 1993-1994.
October 1992: 1. Implementation of task force on paper processes recommendations completed in full. 2. Second Phase of new day program opens to serve January certification group. 3. Rothwell closes.
November 1992: 1. Smith closes. 2. Re-survey of August ICF unit.
December 1992: 1. ICF Certification: 500/502/504 Center. 2. TES shop fully operational using WSTS staff. 3. Hunt closes. 4. Completion of annual review of WSTS policies and procedures.
Planning Agenda: 1993
January 1993: 1. ICF certification: Spruce, Pine, Ash. 2. Begin down-sizing of direct care staff numbers. 3. Begin development of improved computerization of budgeting information. 4. Coordinate and standardize back up systems for all computer services.
Page - 30

5. Development of committee to assess state-wide resources and further technical assistance needs, to dete~ine the role and needs of WSTS as a resource center for community service programs throughout the state.
February 1993: 1. Re-survey of December ICF unit.
March 1993: 1. Re-survey of January rCF unit.
April 1993: 1. Completion of meal time management and physical management training of all direct care staff.
May 1993: 1. Continuation of all on-going activities.
June 1993: 1. Direct care at 75% medication aide certification.
July 1993: 1. Final staff reduction processes. 2. WSTS assumes all training and implementation of therapeutic interventions.
August 1993: 1. Records Department assumes Unit Record Committee Members' monthly chart reviews.
september 1993: 1. Where applicable, family style dining implemented campus-wide. 2. Where applicable to individual client needs, implementation of nutritional training programming.
october 1993: 1. Review of computerization services for implementation and integration with dietary services and general operations
November 1993: 1. Annual review of QMRP and IPP processes to begin.
December 1993: 1. Annual review of agency policies and procedures completed.
Page - 31

Planning Agenda 1994-1995
Specific information on a month by month basis is not practical for the calendar years 1994 and 1995, however there are a nUmber of issues that WSTS will continue to work on and improve upon during the second phase of this four year plan. Issues of note include:
- cessation of the Consent Decree at the conclusion of 1994 with the closure of any non-Life Safety Beds such as 95 Meadowview;
- cessation of TCI contract July 1994. - continuation of community support mechanisms and
increased integration between WSTS and the Regional Service Providers; - continuation of ICF/MR certifications campus wide; - networking of computer services campus wide for a central client data-base, with potential for expansion of information management services to community service providers; - further integration of staff training and development with local post-secondary efforts; - further integration of staff training and development with community service providers.
The Planning process
The four year planning process has involved an extensive amount of input at a variety of levels at the wyoming State Training School. The original planning process began with the Administrative Staff under the responsibility of the Quality Assurance and Liaison personnel, as the planning coordinators. A suggested outline for developing the Four Year Plan was presented to the Department Heads in september for review and adoption.
Upon agreement of the overall information to be included in the plan and the process by which the plan was to be developed, the planning coordinators presented the planning mechanisms to the Leadership Team which represents every area of WSTS operations and services, at the September meeting. Upon agreement by the Leadership Team, the actual planning process was to be implemented in late september and early October.
A review of the types of information that needed to be gathered and assimilated into the plan was conducted with each department head in september based upon the overviews presented to the administrative staff and then the leadership team. The essence of these guidelines was to determine the type of information and input each department head was to gather from their respective staffs.
Page - 32

The essence of the planning process was for the department heads to receive input as appropriate from their respective staffs in three areas:
- identification of the type of persons most likely to be served at WSTS over the next four years;
- the expertise and numbers of staff necessary to meet the needs of those served;
- the service areas to be used. The department heads in conjunction with input from appropriate staff identified the key fundamentals of who was to be served, the staff necessary to serve those individuals and the locations available for service, this process was completed in October. This information was consolidated into the first planning draft.
Additional information was solicited by the planning coordinators via individual meetings with: Clinical Services Director, Habilitation Director, Education Director, Operations Director, Personnel Manager, Records Manager, Dietary and Ancillary Services Managers, and Accounting Managers, and Management Information Coordinator.
Additionally the Operations Director utilized weekly staff meetings to solicit input and direction from Operations staff. Similar meetings occurred with educational staff, to solicit their input, particularly since the events of the next twelve months greatly impact them and their program.
utilizing, information received from these individual meetings the planning coordinators structured a series of meetings with the administrative staff and selected representatives from their departments to develop the plan itself.
The meetings took place over the course of October and November, with each generating a draft plan for further review and comment and as a starting point for the next meeting. Completion of the final draft plan was done December 2, 1991 and submitted to the Leadership team for comment on December 4, 1991.
Comment period for all staff began, December 4th, 1991 and ran through December 13th, 1991. Numerous discussions and suggested revisions were reviewed by the planning group and a vast majority were included into the final draft as submitted.
Page - 33

STAFF POSITIONS ALLOCATION Direct Care/Shift Supervisors .................... 295 Habilitation Director/Clerical ................... 2 Program Secretaries .............................. 2 Program Managers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 QMRP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 AUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . .. 10 Psychology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Rec. Ther ........................................ 4 Educational Trainer .............................. 4 Staff Development ................................ 6 Day Program...................................... 21 Communications Specialists ....................... 5 Clinical Director................................ 1 Nurse Mgr........................................ 1 Occupational and Physical Therapist .............. 8 COTA/Therapy Aides ............................... 4 Program/ Case-load RN •••••••••••••••••••••••••••• 4 Shift Nurse...................................... 12 HCC Coverage (RN' s and Aides) . . . . . . . . . . . . . . . . . . .. 10 Cl inic (RN/Aide) . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . 2 Laboratory. . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Med. Aide RN Educator............................. 1 x-Ray. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Pharmacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Physicians/PA/Nurse Practitioners ................ 3 Dental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Clerical (HCC)................................... 2 Therapeutic Equipment Shop ...................•... 3 Therapeutic Riding Program....................... 2 Respiratory Therap ist. . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Director of operations/Deputy Director/Clerical .. 2 Records/Medical Records.......................... 6 Dietar'l/Food Services ............................ 36 Ancillary Services............................... 6 Canteen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Child Care Services.............................. 14 Grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Janitorial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 Security......................................... 5 Accounting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Swimming Pool.................................... 5 Switchboard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Superintendent/Administrator/Clerical............ 2 QA/MIS/ACC. . . . . . . ... . . ..... .....••... . . . . . . . . . . . . 4
CI C.. • . .. .. .. .. .. .. .. .. .. . • .. .. .. .. .. .. .. .. .. .. .. .. .. • . .. .. .. .. .. .. • .. .. . .. .. .. .. .. .. .. 1
Client Rights Specialist....•.......•..•..•...... 1 community Support Personnel ...................... 6
TOTAL . . . . . . . . . . . 585
Note: position allocations are in based upon anticipatory needs at time of planning.
Page - 34

 MIKE SULLIVAN GOVERNOR
September 10, 1992

STATE OF WYOMING
OFFICE OF THE GOVERNOR
CHEYENNE 82002

'.',-
92Z.201

Jeanne Thobro, Executive Director Protection & Advocacy System, Inc. 2424 Pioneer Ave. Cheyenne, WY 82001

Peter D. Blanck, Ph.D., J.D. The University of Iowa College of Law, Room 431 Iowa City, IA 52242

Sondra Kaska, J.D. DD/MI Clinical Law Project College of Law Iowa City, IA 52242

RE: Third Semi-Annual Report to the Compliance Advisory Board

Dear Jeanne, Peter and Sondy:

Please find attached the third Semi-Annual Report to the Compliance Advisory Board by the State of Wyoming in the matter of Weston vs. Wyoming State Training School. This report provides information from the Departments of Education and Health, with a State overview written by the Governor's Liaison for the State of Wyoming. Individual Liaison reports from Wyoming State Training School and Community Services, both within the Division of Developmental Disabilities and a report by the Department of Education add detail and specificity to this SemiAnnual Report. In addition, the Independent Case Management Administrator provides information and analysis.

I request that the CAB carefully review this report. I believe that it shows continuing and exceptional accomplishments that are occurring for individuals in the State of Wyoming.

Sincerely,

-z---:?=...._. ____

Steven E. Zimmerman

Governor's Liaison Coordinator

83

SEZ:lc Enc: a/s xc: Distribution List

TABLE OF CONTENTS

Section One

State Overview

Section Two

'"'Yoming Department of Education Report

Section Three '"'Yoming Community Report

Section Four Section Five

'"'Yoming State Training School Report Independent Case Management

Addendum

Emerson School Closure Report to CAB

SECTION ONE STA1E OVERVIEW

THIRD SEMI-ANNUAL REPORT TO COMPLIANCE ADVISORY BOARD
BY THE STATE OF WYOMING
FOR THE PERIOD 3/14/92 THROOGH 9/13/92
The State of Wyoming continues to follow the timetable of events and activities that are described in the Consent Decree in the matter of Anna Marie Weston. et al vs. State of wyoming. Wyoming State Training School. et al. This is civil Action No. C90-0004.
Approximately 62 sequential items are conceptualized in the Consent Decree. As of this writing, 42 of the 62 items have been accomplished.
Throughout the State's implementation of the Consent Decree, Class Member rights and safeguards have been foremost in the minds of individuals who are responsible for implementing and developing WSTS or community based services. To this end, a process was developed to arrive at a Transitional Individualized Programs for each Class Member moving to Wyoming communities. The Transition Process involves staff of the Wyoming State Training School, as well as staff of community programs where the transitions would take place, local school district personnel, and this transition process, envisioned as a key part of the Consent Decree, is chaired by the Independent Case Managers.
In the period of time covered by this Third Semi-Annual Report, 24 Class Members have transitioned to Wyoming communities. This represents four individuals per month over the last six months. Transitions are exceptionally well planned resulting from a great deal of communication between WSTS and community staffs. None of the 24 Class Members placed have been unsuccessful. Adjustments have been appropriate and the placement continues successfully for the Class Member. At this writing, the resident population of the Wyoming State Training School stands at 221 Class Members.
In February of 1992, the CAB directed the parties to meet on a monthly basis. Those meetings have taken place, usually on the last Monday of each month and the meeting has facilitated discussion and meaningful dialogue on items of concern to any of the parties, be it Department of Education, Department of Health or Protection & Advocacy System, Inc ..

Recently, the state of wyoming and P&A have requested that the CAB meet as a team with the parties six times a year, on alternate months, with the meeting alternating between Cheyenne, Wyoming and Lander, Wyoming. The purpose of these meetings, in part, is to measure progress and develop closure on items of the Consent Decree. This process is seen as an important step at this juncture of the Consent Decree and will serve to enhance communication, as well as the examination of the vast array of Consent Decree objectives.
During the period of the Third Semi-Annual Report, the Independent Case Management System has matured and developed. Thirteen Case Managers are currently employed and working actively with Class Members across the State of Wyoming. A Case Management Supervisor is housed in Lander, Wyoming and the Lander Independent Case Management staff has been actively involved in the WSTS portion of transitioning, while the Independent Case Management counterpart in communities chair the Transitional Individualized Plan meeting, to assure continuity between WSTS and community placement.
At the wyoming State Training School, the past six months have been among the most exciting in its history. During this period, the large dormitory style buildings have either been vastly changed to housing many fewer residents or have no residents at all.
Emerson School officially closed August 31, 1992 and, as the Department of Education Report clearly indicates, local educational agencies are now responsible for the free and appropriate education of Class Members who are school age.
The depth of the WSTS medical staff has been increased with the addition of Dr. Diane Edwards as Medical Director. Dr. Edwards has indicated her interest in being involved in community development of medical resources, as well.
In Wyoming communities, milestones have been reached which are important to the long term services of Class Members and nonClass Members alike. The Division of Developmental Disabilities was successful in developing and implementing the Children's Waiver program, which provides services for children qualifying ages of 0-21.
In addition, a wholly new service was developed and is being implemented in line with specific Class Member needs. The specialized family home is an innovative and carefully developed service, which provides support to the natural family or an alternative to the natural family or guardian in communities for Class Members. To successfully implement this program, a system of comprehensive respite care and backup providers has also been developed. Recruitment and development of these important individuals has been the responsibility of the Area Resource Specialists working closely with Independent Case Managers and

Wyoming state Training School staff. The development of just the right combination of individual talents and personalities has been exciting to witness. Obviously, the staff of the State of Wyoming will continue to learn and improve on its current efforts, but this system may be a model for many other states to look at in terms of family-like living situations for Class Members.
This overview is intended only as a snapshot. The real meat of this Semi-Annual Report is contained in the reports by the Department of Education, Wyoming State Training School and the Developmental Disability Community System. A special report by the Independent Case Management Administrator describes one aspect of Independent Case Management work with Class Members who are children, and provides insight into some of the information that is being generated on the Independent Case Management Program.
SOHHARY
Progress continues to be made. Services continue to be innovatively provided in Wyoming's rural communities. Staff of the Wyoming State Training School, Department of Education, local school districts, DD community programs, both child and adult, as well as the Independent Case Management System, and Protection & Advocacy continue to work together to successfully implement this Consent Decree.
Class Members continue to transition to communities and, where this is not possible, there is special emphasis on continued effective treatment and care of their individual needs. It is clear that the Consent Decree is being followed and implemented in the spirit of its generation.

SECTIONIWO WYOMING DEPARTMENI' OF EDUCATION REPORT

SEMI-ANNUAL REPORT SEPTEMBER 1992
WYOMING DEPARTMENT OF EDUCATION
General Overview On behalf of the Wyoming Department of Education, I am once again
pleased to report that the tasks for which the Department of Education is responsible have progressed in accordance with the Consent Decree. The time period between the last Semi-Annual Report (March 1992) and now, has been the most active in terms of the Wyoming Department of Education's involvement and the progress made in transitioning school age class members from the Wyoming State Training School (WSTS) to communities. This report describes the work done in effecting the transitions of school age class members to in-state and out-of state communities; the training of local school district personnel; the provision of related servjces and extended school year services to students prior to their transitioning; the status of cases which are awaiting finalization of plans following administrative hearing or medical review; community education activities; plans for follow up services for those who have not yet been able to move to their communities and plans for follow up services for those who have made the transition and are adjusting to a community placement.
Transitions of school age class members to in-state communities Since the last Semi-Annual Report (March 1992) there has been much
done to effect the transitioning of the school age class members from the WSTS.
Immediately following the last report, a meeting was held in Rawlins, WY to facilitate communication among those people who would be involved in the students' transitions. Staff from the WSTS including a physician, occupational therapist, physical therapist, residential direct care staff, educational personnel and community liaison personnel attended; as well as representatives from the Department of Education, Independent Case Management, Department of Health, and P&A. The meeting was chaired by the Governor's Liaison. At this meeting, each student was discussed individually and participants explained the planning
1

that had occured thus far for the child and the direction of the intended transition. All participants were invited to list issues of importance which needed to be addressed so that the final transition would be safe and' appropriate for the child. The meeting lasted a full day but seemed to be very much worth the effort because numerous issues of concern were addressed regarding each child.
Transition planning continued following the Rawlins meeting. At least monthly, and more frequently during the final summer months, a team of Pat Arp and Margie Simineo from the Department of Education, Sue Mydland from the Independent Case Management Program, Kathy Emmons from the Department of Health and Steve Zimmerman Governor's Liaison met to coordinate transitioning of the students. Frequently a member of P&A also participated in these meetings, usually Dan Wilde.
In an effort to then coordinate with the local school districts, Pat Arp and/or Margie Simineo had frequent conference calls with the local school districts' special education coordinators. Initially this round of conference calls was done every two weeks but as transitioning of each individual child became more imminent, the frequency of contact increased to more than weekly. In a few cases, formal face to face problem solving meetings were held with the Department of Education and local school districts.
At the time of this report, 22 students have transitioned; 8 others are scheduled to transition soon. See Steve Zimmerman's report to the CAB dated August 28,1992 for a listing of students who have transitioned or are in the final stages of transitioning.
Training for school district personnel In order to help assure that school district personnel were prepared
to recieve the returning students and properly provide for their needs, training of school district staff was necessary. The Department of Education paid for various types of specialized training as requested by the school districts. Almost all involved school districts took advantage of training opportunities. Districts determined the training needs of their staffs based on the specialized care necessary for their student(s). No training requests were denied.
In addition to attending specialized conferences, workshops and university classses, a number of school district personnel attended training sessions offered directly by the WSTS. WSTS offered formal
2

classes and also invited all school districts to send a team to spend time with their student(s) and obtain information from the direct care staff. Many school districts did take teams to WSTS to learn the student's routine and learn from WSTS staff members who were familiar with the student's care.
In addition, after polling the school districts regarding their training needs it was determined that a number of districts had similar training needs. Therefore rather than have each district try to arrange the necessary training, the Department of Education arranged three workshops and invited all involved districts. So that the workshops would be geographically accessable and therefore districts would be able to send a number of their staff members, the same series of workshops were offered in three locations; Rock Springs, Casper and Riverton. The topics for all three worksops were: Augmentative Communication, Feeding and Positioning, Partial Participation and Inclusion. More than 60 people attended these sessions.
Transition~ of school age class members to out-of state communities Five school age class members were the responsibility of a state
other than Wyoming. In all cases, contact was made with the repective state departments of education and those departments were involved in the transitioning process. One student was transferred to Minnesota. The two students who were the responsibility of Nevada were transferred to a residential facility in Utah. The parents of those two students were involved in the placement planning. One student was the responsibility of Texas. However, because the student was almost 21 years of age it was decided that it was best for him to stay in Wyoming and transition into an adult program. One student who was the responsibility of Florida remains at the WSTS. There has been much contact with Florida's Departments of Education, and Health and Rehabilitation and involvement by the Wyoming Attorney General's Office and the Governor's Liaison. Although there were numerous problems with Florida, that was the continued direction of the planning. However, very recently Florida notified us that the parent of this child has moved and Florida will no longer accept responsibility for this student. Therefore a planning meeting is now set for the week of September 14,1992 to revise the transition plan for this student.
Provision of related services and extended school year services to
3

students prior to their transitioning Beginning in March 1992, the Wyoming Department of Education hired
a physical therapist to provide related services for school age residents at the WSTS. This was done so that a person knowledgeable about the students' therapy needs would be available to school districts to help them in their planning and so there would be consistency for the child between those services received at WSTS and those received once they began attending school in the community.
Then during the summer, extended school year services were offered to all students who still remained at the WSTS. The Department of Education hired professionals on contract to provide occupational and speech therapy as well as continuing the physical therapy services. All of these contracted professionals submitted monthly reports about each of the student's progress. In turn, the Department of Education forwarded this information to the respective school districts so that good transition planing could occur and services would be consistent for the students.
Status of cases which are awaiting finalization of plans following administrative hearing or medical review
Twd students have not yet transitioned because their parents requested an administrative hearing. Both of those cases have since been presented to a hearing officer and the hearing officers have issued a decision. Based on the decision in one case, the student is scheduled to transition to an adult residential program by the end of September. The decision on the other case was just received this week and a meeting is set for the week of September 14th to begin implementation of the hearing officer's directive and/or to decide whether or not further legal action is. warranted.
Anbther student's transition has been delayed because no commitment could be obtained from the medical community that needed medical services could be obtainned for the student in the community setting. Specialized home care services had been anrranged and the school had devised a plan to serve the student. However, only last week could verification be obtainined that the medical community advised against placement outside the WSTS. A meeting is scheduled for the week of September 14th to re-plan for this student in light of the new information.
4

Community education activities The Depatment of Education staff have continued their efforts to
educate citizens about the process of transitioning students from the WSTS to communities. Diana Ohman, State Superintendent, Pat Arp, Deputy Superintendent and Margie Simineo, Director of Special Education have addressed a number of groups including local school boards, the State Board of Education, and many public interest groups during the last six month period.
In addition, an innovative education project has been undertaken in an effort to educate Wyoming public school students about the process. The Improvisational Theater group of Central High School in Cheyenne submitted a proposal through Laramie School District #1. They proposed to provide Improv training to groups of students from those schools which would be receiving students as a result of the closing of Emerson school and the transitioning of WSTS students to communities. Several Central High School students and a teacher-sponsor traveled to WSTS in April 1992 and spent two days with the WSTS students who would be transitioning. The Central High School students then prepared presentations and demonstrated their skits in Cheyenne on May 8 and May 13, 1992. The reviews were good and the students were encouraged to continue with their project.
In October 1992 this Improv group will be holding a training session for other student Improv and Theatre groups. The intent of this training is to have students pass on to other students their understanding of severely disabled youngsters and to assist the theatre groups in designing a similar skit which could then be demonstrated in their home communities. Such training is. scheduled to be done at the Laramie County Cmmunity College in Cheyenne and a grant from federal special education funds via the Wyoming Department of Education will pay for the expenses of participants.
Plans for follow up serYices for those who haye not yet been able to move to their communities
As of the writing of this report, 8 students have not yet left WSTS but are anticipated to transition between now and mid October (two others, discussed above, mayor may not transition soon depending on medical and legal involvements). Because these students need to continue to receive educational services and because it would be very cumbersome
5

for numerous school districts to be trying to arrange for such services for a very short period of time. the Department of Education has arranged for the provision of education and related services for these students. The same individuals who have been providing services through contract with the Department of Education will continue to do so. Services provided will include educational services provided by a special education teacher as well as physical therapy. occupational therapy and speech therapy services. This arrangement facilitates the most consistency for the students since these same service providers have already been working with these students and the home school districts. It is anticipated that this arrangement will no longer be needed by October 15. 1992 since all students capable of transitioning should have done so by then.
There are presently four students not capable of transitioning and it does not seem reasonable to believe that they will be able to do so in the near future. For those four students. the local school districts have made arrangements to provide homebound services at the WSTS which include all needed educational and related services. All of these services are presently in place and a member of the Department of Education has already been to WSTS to assure that the school year began well for these students. During that visit. the Department of Education staff member met with P&A staff to discuss possible concers regarding the education of the remaining students and those who have already transitioned. so that continued follow up can be provided to assure that the students receive quality services.
Plans for follow up services for those who haye made the transit jon and are adjusting to a community placement
Although the local school districts have been intimately involved in the planning for their students and have current IEP's and services in place for those students they have received into their districts. the Department of Education will continue to be involved until the students program is well underway. The Department of Education plans to have a special education staff member visit each school district or residential facility which has a transitioned WSTS student. These monitoring/technical assistance visits will occur between October 1992 and February 1993. The determination was made not to begin the visits until mid-October so that the student's program would be far enough along for a realistic view of servies to be seen. Given the number of students to
6

be individually monitored, the distances to be traveled, and the intent to make more that one visit if technical assistance is needed, we will realistically need until February to complete this process. Futu re repo rt
In the next Semi-Annual Report it is the intent of the Department of Education to provide up to date information about the progress of each of the transitioned students and a synopsis of the results of the monitoring/technical assistance visits. In addition, if helpful, the Department could provide information about the expenditures made for the educational costs for the students. Start up costs, as expected, have been high but the districts now seem well prepared to implement quality programs.
7

SECTION THREE WYOMING COMMUNITY REPORT

Semi-Annual Report March 1992 - September 1992

Division of Developmental Disabilities - community Liaison Officer

Quality Assurance in community Programs - Annual survey

The first annual survey of parents, guardians, or significant others of all class members in the community was completed in June. The primary contacts of all class members served by either the regional service providers, or senior class members served in nursing or board and care homes were sent questionnaires about 15 May 1992, requesting that these be returned 1 June 1992. A second mailing was sent on 15 June to all those who did not respond to the first mailing. For both mailings the questionnaire included a letter to the potential respondent explaining the purpose of the questionnaire and encouraging them to respond; the Division paid the postage on the returned questionnaire.

In addition to all class members, the Division sent the same

questionnaire to a systematically selected sample of non-class

members served by the regional service providers. Three groups of

individuals

class members served by the regional service

providers, non-class members served by the same providers, and

elderly class members served in nursing homes - participated in the

survey. The questionnaires were coded such that these three groups

would be identified and summary information provided for each

group. School aged class members were excluded from this survey,

since the Division was not providing residential care. School aged

class members served in the community may be included in future

surveys as the Division is beginning to provide residential care

through the Children's Waiver.

There were 61 adult class members sampled, 86 non-class members, and 34 seniors for a total of 181 in the first mailing. There were 26, 30 and 19 respectively in the second mailing. There were 111

surveys returned for a response rate of 61 percent, which is very good. The Division's target was a 65 percent response rate, which the. Division attained (64.9%) for the community. The seniors response rate was 47 percent, an acceptable response rate.
These response rates indicate the respondent's high degee of interest in the provision of services. The high response rates increase our confidence in the validity of the results. The results are presently being tabulated and will be included in the annual quality assurance report that will be issued in December. Here is an overview of the process, the survey instrument, and the results.
The Process
The data have been entered into a data base, coded by the three groups identified in the sample. The survey instrument encouraged written comments and many were received. These will be included verbatim in the annual report, but will only be identified by the categories of senior and community. Finer distinctions of the groups would not protect the confidentiality of the respondent, which was assured by both the cover letters and the instrument itself.
There were less than a dozen surveys that were not deliverable because the primary contact moved. The Division, in cooperation with the Case Managers, will correct the list of primary contacts of class members before the next survey scheduled for late spring 1993. A couple of additional changes will be made to the survey.
The Instrument
The questionnaire was a single page printed on both sides, with 21 questions or statements, not all of which would have been answered. The survey will be modified before the next year based upon an analysis of the results. One question could not be interpreted

because it was ambiguous; it asked about problems and resolution of those problems, but only allowed for a single response. The questions about the services an individual needs and those that person receives are very similar and may need to be changed. The decisions about question change or modification will depend upon the data analysis, which is not complete. A couple of points can be shared based upon what work has been done on the data.
The Results
A preliminary review of the data indicates a generally positive impression of the community, but some concerns about staff training. The results also show that the Division needs to communicate with the primary contacts of class members in the community about their status, as some were not aware that they were class members. Importantly, a good percentage of primary contacts are aware of who Independent Case Managers are, which is encouraging, since the Case Manager system did not become fully operational until shortly before the survey was sent. The 1992 survey data is the base year, additional years of data will added to the database to discern trends.
Contested Case Procedures
The Division of Developmental Disabilities promulgated the regulations for contested cases. While the procedures were in process, the Division received a request for a hearing. The hearing was brought by a parent concerned about the possible placement of their child into the community. The Division IS hearing procedures were modeled after the Department of Education rules so that school aged class members would not have a separate procedure than exists for education hearings.

Class Membership - Admissions
The.State received eight applications for class membership in the period covered by the previous semi-annual report (September 1991 March 1992). In the six months covered by this report 43 applications have been received. This represents a considerable increase in the number of applications the Department is required to process. Two individuals were denied membership because they were not mentally retarded, two other pending applications have no evidence of mental retardation and are likely to be denied for the same reason, two applicants died after filing applications. six individuals have been added to the class since March, thirteen applications are still pending.
Class Membership - Application Procedures
Dan Wilde, Protection and Advocacy System, Inc., Steve Zimmerman, Governor's Office and Ken Heinlein, Community Programs Liaison, met to review and, if necessary, revise the Procedures for Adding Class Members. The Procedures included an ambiguous reference to independent evaluation, and did not clearly specify the role of the CAB in making class membership decisions. In addition the original procedures were written presuming that applications would be submitted essentially complete, which has not been the case.
The Ad Hoc Committee met 25 August 1992 and prepared a draft that addressed the problems in the existing version. The draft was then shared with the parties for their review and comment, with the explicit understanding that neither side was committed to the recommendations of the Ad Hoc Committee. At this writing the parties had not scheduled a time to discuss the draft.

Quality Assurance Reviews
The. Division has scheduled quality assurance reviews for all the regional services providers during the next 6 months. Some of the reviews will occur after the Annual Quality Assurance report is prepared, but all will be completed by the end of January. Only those on-site reviews scheduled for calendar year 1992 will be included in the 1992 Auunal Report, 1993 reviews will be discussed in the 1993 Report.
Medication Administration
The Division is cooperating with a committee assembled by the Department of Health to develop an approach to training for individuals who supervise class and non-class members in the community who self-administer medications. The training will establish a standard that does not presently exist and will address a concern raised by Protection and Advocacy System. The proposed regulations are presently being reviewed by the professional associations in the state, and are expected to be released for public comment later this autumn. Optimistically, the regulations should become effective in early 1993.

SECTION FOUR WYOMING STATE TRAINING SCHOOL REPORT

SEMI-ANNUAL REPORT TO THE COMPLIANCE ADVISORY BOARD
FOCUS:
WYOMING STATE TRAINING SCHOOL
In the reporting period, March 1, 1992 to September 1, 1992, a number of significant accomplishments have been achieved by the staff at the Wyoming State Training School (WSTS), which reflect the diligent pursuit of quality services for all persons served.
First, the implementation of the Individual Program Plan (IPP) process has been completed for all individuals. To assure that the IPP processes promote and provide services that are responsive to individual need, WSTS has implemented a Quality Assurance system. This process tracks IPP implementation with a particular focus on individual needs as identified in the IPP document.
Of particular note is the completion of Educational activities for all school-aged children and the beginning of their transitions into community programs. Educational activities concluded with the completion of an Extended School Year program during the summer of 1992 at the Emerson School. As of September 1, 1992, the Emerson School is closed.
organizationally, WSTS has developed an agency-wide policy and Procedure manual, with a systematic review process to assure effective and timely guidelines for all staff. Additionally, WSTS has developed a draft Four-Year Plan, which has been reviewed and adopted by all parties. As the need arises, WSTS will provide updates of this plan to maintain responsiveness to individual needs.
Renovations to improve the capacity for Life Safety Code residences have been completed. Presently, renovations to establish 162 beds which meet life safety codes have been completed. Current renovations are focusing on the "day program" areas and non-residential buildings.
Specific examples of WSTS' efforts in complying with the terms of the Consent Decree are listing on the following pages.

sections 3.02. 3.05 - Individual Program Plans (IPP) components: criteria was submitted to Protection and Advocacy system, Incorporated (P&A) on May 19, 1991, with reply comments received August 29, 1991. Comments were incorporated into the IPP process and resubmitted to P&A for further review on October 24, 1991. No further comments were received. IPP processes continue to operate as outlined in the WSTS IPP-QMRP Training Manual. Various groups within the Training School and Habilitation Department are examining these processes to ensure that the system is functional and responsive to the care and training needs of our clients.
section 3.02(b) - Retirement Planning: continues as part of IPP process as previously reported.
sections 3.02(g) and 1.11 - Exit or Transition Plan: A transition planning process within the IPP was established and implemented on July 15, 1991 by all Interdisciplinary Teams (lOT). Appropriate team members were inserviced on July 1, 1991, and transition plans became a part of IPP documents. A review of the process was conducted between the parties to identify and clarify issues or problems in transitioning. This resulted in guidelines being developed by the parties to describe various responsibilities and check points along the way.
section 3.03 - Interdisciplinary Team: continues as part of the WSTS IPP process as previously reported for each person served.
section 3.04(c) - IPP's including Individual Educational Plans (IEP): - Completed October 30, 1991 and incorporated the recommendations of the Educational Needs Assessment Team. IEP's for the 1992-93 school year will be conducted by the appropriate Local Education Agency (LEA).
section 3.04(d) - IPP's for all other class members: Completed for all class members at WSTS December 31, 1991. The ongoing process triggers an annual review which ensures that needs and activities remain current and meaningful.
section 3.06 - IPP Review Process: WSTS had adopted and implemented a Qualified Mental Retardation Professional (QMRP) monthly review process by the effective date of the Consent Decree, March 13, 1991. Additional Quality Assurance processes were implemented December 15, 1991 to review IPP implementation. These continue with a percentage of the plans reviewed monthly and an annual all grounds QA review just completed in June, 1992.
section S.OS(h) - Foster Grandparent Program: Continues as previously reported. As the school age individuals leave WSTS, the number of foster grandparents decreases. We will continue this program as possible to work with the school age group.

section 5.03 - privacy, Comfort and Sanitation: A report highlighting WSTS' efforts in minimizing the negative impacts of the older dormitory style buildings was submitted to P&A on June 20, 199.1. Presently, older dormitory style buildings are being phased out of use with half of Rothwell vacated, Maghee vacated, Hunt scheduled to be vacated in approximately 30 days, and smith later in the fall.
section 5.03(b) - Lite Satety Code Beds: At the time of this report, WSTS has completed renovations on buildings that would reflect 163 beds meeting Life safety Code Standards.
section 5.03(c) - Small Living units: Excluding 401 and 404 Meadowview, WSTS has added twelve homes meeting Life Safety Code which house eight or fewer individuals.
section 5.04(e) - statt substitute Pool: By May 31, 1991, a Staff Substitute Pool was implemented as previously reported. Monthly reports have been prepared and reflect an average of approximately 1,200 hours usage per month since August 1, 1991.
Section 5.05(b) - Statt Development: A plan for revising the current staff training processes at WSTS was submitted to P&A on June 12, 199·1. Comments were returned on August 12, 1991. Revisions were submitted October 2, 1991. Comments regarding safety training were received from P&A on November 12, 1991. Dialogue continues on the topic with current comment from P&A being incorporated into our practices.
section 5.13(a) - organizational Chart: Completed as previously reported.
section 5.13(bl - Policy and Procedure Manual: Comprehensive manual developed and implemented on December 15, 1991, with a copy sent to P&A. A review process for all of WSTS policies and procedures was implemented February 1, 1992.
section 5.14 - Records: Completed as previously reported.
section 5.15(a) - Ouality Assurance Plan: WSTS submitted a comprehensive Quality Assurance Plan proposal to P&A for review on June 30, 1991. Comments were received from P&A on September 27, 1991. Revisions were made and submitted to P&A on November 7, 1991.
Implementation of reviewed QA system began December 15, 1991 with a campus-wide review of approximately 245 IPP's. Summary results were given to P&A on December 21, 1991. Another 245 IPP reviews were done in January, 1992. The most recent campus-wide review was completed in June, 1992, with results and plans of correction submitted to P&A.

A process of reviewing 10% to 13% of the IPP's monthly has been implemented with planning in progress to establish departmental measures for participating in regular Q.A. reviews.
section 5.15Ic) - Four-Year Planning Process: Efforts outlining the processes necessary to develop a comprehensive Four-Year Plan were presented to the WSTS Leadership Team on August 7, 1991.
Planning meetings were held throughout September, October and November with a number of staff at all levels and coordinated through WSTS Administrative Staff. The first completed draft was shared with WSTS Leadership Team on December 4, 1991. All staff meetings were held to discuss the initial draft and solicit input. Final draft was prepared by December 13, 1991, utilizing input received from all levels of employees. This draft was submitted to P&A on December 31, 1991.
Comments to the Compliance Advisory Board (CAB) from P&A were received on January 15, 1992. Since that time, meetings have been held with P&A which have generated additional draft plans. A plan was agreed upon by the parties in May, 1991 with WSTS committed to on-going review to ensure the responsiveness of the agency plan to client needs.
section 5.15(el - community Integration services: Completed as previously reported with one Community Integration Officer.
section '.Olli) - Census: Census at WSTS is 221 as of September 3, 1992.
section 5.07 - Dietary: Complete dietary lists for special diets have been established and submitted to P&A.

SECTION FIVE INDEPENDENT CASE MANAGEMENT

INDEPENDENT CASE MANAGEMENT
In May of 1992, the second phase of the Independent Case Management program was put in place with the assignment of Independent Case Management to provide case management services for individuals at WSTS.
Also in May of 1992, the Transition Plan developed jointly between staff from WSTS. community programs, Independent Case Management and P&A. As a result of the Transition Plan, Independent Case Management began coordinating the development of the Transitional Individualized Plan (TIP), the document that defines specifically the individual plan of care prior to and for 180 days after a Class Member moves to a community program with emphasis on issues specific to transition.
Both Independent Case Managers at WSTS and in the various communities have focused on the preparation and moving of the school age children to their home communities. coverage for the children (as well as for transitioning adults) has been "double provided" to insure a well coordinated transition and to insure that issues both at WSTS and the home community are addressed and services are in place.
Independent Case Management is in the process of developing a tracking system to determine how Independent Case Managers' time is spent. During the months of May, June and July, a low, rough estimate of 1,336 ICM hours were expended by Independent Case Managers in the community making preparation for the placements of the school age children. This includes visits to the children at WSTS, working with families, school districts, physicians, community programs and a variety of other service providers.
Currently, there are no statistics on the number of hours Independent Case Managers at WSTS have spent on services to the children.
The focus of this report is on the development of the whole, new, complex, service system necessary for the school aged children to thrive in their home community.
In no way are the Case Management needs of adults being neglected. They are being continuously addressed at or above the level or need each individual requires. For example: cataract surgery has been arranged for some elderly Class Members currently living in a nursing facility. Visits to family and to friends have been arranged for Class Members and transportation provided. Class Members from Fremont County attended the People First Conference in Cheyenne, chaperoned by an Independent Case Manager.

In addition to these "nice", personal involvements, Class Members IPP's, IEP's and IPC's are being attended regularly and plan activities are being monitored.
Independent Case Managers continue to be a point of entry into the DO System, and visit and assist each family interested in applying for Class Membership.

ADDENDUM

MIKE SULLIVAN GOVERNOR
August 28, 1992

STATE OF WYOMING
OFFICE OF THE GOVERNOR CHEYENNE 82002

92Z.185

Peter D. Blanck, Ph.D., J.D. The University of Iowa College of Law, Room 431 Iowa City, IA 52242
Sondra Kaska, J.D. DD/HI Clinical Law Project College of Law Iowa City, IA 52242
RE: Weston vs. WSTS, et al
Dear Peter and Sondy:
This letter is to officially notify you of the fact that a condition of the Weston vs. State of Wyoming Consent Decree has been accomplished before the required date of September 1, 1992.
Emerson School is no longer the education provider for school age
residents at the Wyoming State Training School.
Please find attached a summary of students who are currently in one of four categories.
Category 1 - will or have transitioned prior to September 1, 1992.
Category 2 - Students who have either asked or their guardians, on their behalf, have requested fair hearings, which will resolve appropriate community placement.
Category 3 - Students for whom transition is immediate or short term. Community transition is anticipated in one to
six weeks.
category 4 - Students who are considered for continued services at Wyoming State Training School, but for whom education will be provided by the appropriate local school district until such time as evaluation yields a child study team information for which transition can be made.

Peter D. Blanck Sondra Kaska August 28, 1992 Page two
It has been important in this process to keep firmly in mind the following principles articulated in the Consent Decree.
1. That Emerson School will close and not be operated by Wyoming State Training School after August 31, 1992.
2. No child will move simply to meet a deadline.
3. No school age Class Member shall be transitioned without a current IEP/TIP.
4. The focus should be to use the greatest amount of parental involvement possible in this process.
In the cases of the Class Members listed below, we believe that all of these conditions have been met.
For those students who will make their community transitions in the short time future between September 1 and October 15, 1992, the State Department of Education will provide the educational personnel and resources to continue free and appropriate education, until such time as local school districts assume that responsibility.
The following is a listing of the students and their current status with regard to community transitioning:
category 1:
Bill Porter - Has transitioned
Brittany Gomez - Has transitioned
Jordan Hall - Has transitioned
Diana Holcomb- Has transitioned
J.W. Siebert - Has transitioned
Amber Toay - Has transitioned
Rocky Shoyo - Has transitioned
Amberlee Jereb - Has transitioned
Joshua Hawkes - Has transitioned

Peter D. Blanck Sondra Kaska August 28, 1992 Page three
Kevin Owens - Has transitioned Jennifer Nyreen - Has transitioned Robert Zehr - Has transitioned Richard Maestas - Has transitioned Robert Tarrant - Has transitioned Chad Henning - Has transitioned Michael Gormley - Has transitioned Aaron Vaughan - Has transitioned Andy Rogers - Has transitioned Eric Warren - Has transitioned
Category 2: Sara Kawalok - Hearing Officer Extension Request Misty Himes - (Hearing Court Waiver) 10 day
category 3: Lisa Wheeler - Monday, August 31, 1992 progress meeting. October
1, 1992 anticipated transition date Ernie Lamphear - September 3, 1992 anticipated transition date Aundrea Jiminez - september 16, 1992 anticipated transition date Katrina Patten - september 15, 1992 anticipated transition date Connie Jo Franciscovich - September 15, 1992 anticipated
transition date Shon Bennett - To transition september 2, 1992 Mathew Smith - To transition September 2, 1992 Brad Spangler - October 1, 1992 anticipated transition date

Peter D. Blanck Sondra Kaska August 28, 1992
Page four

John Holwegner - September 15, 1992, CES is providing education RENEW will begin 9-15-92
Trista Duran - October 7, 1992 anticipated transition date
Vashawn Lopez - Transition pending Dr. report, health concern in rural area. Ongoing discussion with doctor since February or March.
Kurt Worden - Florida has accepted responsibility. Transition will be as soon as possible.
Category 4:
John Engvall - will continue at WSTS, subject to regular education review.
Ian Leicht - will continue at WSTS
Brent Cleve - Will continue at WSTS
Johnny Gates - will continue at WSTS

Sincerely,

L ~.' ~<:...c::

.........

Steven E. Zimmerman Governor's Liaison Coordinator

SEZ:lc Enc: a/s xc: Distribution List

Wyoming Slille Trllining School
Roben T. Clabby, II
Superintendent

Department of Health
State of Wyoming
Mike Sullivan, Gov~rnor

August 31, 199Z

Mr. steve Zimmerman
Governor', ~iai.on Officer Herschler Bu,lding, First Floor West 122 West 25th street Cheyenne, WY 82002

Re: Closing Emerson School

Dear Steve:

As of September I, 199Z, the Emerson Seho~l is closed. The final
educational function was an Extanded Schooi Year (ESY) program during the summer month.. At the present time the bui Iding has
been inventoried and all staff have been either permanently or temporarily reassigned. Plans are being developed for use of this building within our mission with adult cl;.nt~.

"M " We nota eh;. clos;n9. not only

rRql,;red set.ion of the Con....nt

Oaeree, but also as a concrete milestone in the development of

community based ~nA~ial ~dueation and related ••rviee. for

individuals with developmental disabilities in the state ot

WYOIII;n;.

DLB/rec cc; Bob Cl ..bby
Cl iff Mikesell

Dav ~ d L. Brunner"
WSTS L;aison Officer

8204 SIlIIC HIghway 7R9 • l.ander. WY 82520
(~07) ~1'.·~'02 • FAX: (307) 332·9lI32

PRO'l.t:CTION & ADVOCACY SYSTE'h, iKC
2424 Pionccr Aycnuc, Suitc 101 Olcycnnc, \Yyottling 820(11,_ -
TIV OR VOICE

DEVELOPMENTAL DISABILITIES PROGRAM
(307) 632-3496, Cheyenne o!tlce (307) 332·5302. Ellt. 287. Lander o!flce
P.O. Box 58 Lander, Wyoming 82520 1-800-624-7648. Toll-free Chents Only
(307) 638.Q815. FAX

CLIENT ASSISTANCE PROGRAM (30l) 638-7668. Cheyenne o!flce 1-800-a21-3091. Tolt-free/Clients Only
(3D7) 638-0815, FAX
Septembe= 14, 1992

MENT AL HEALTH PROGRAM
(307) 635-7617. Cheyenne olllce (307) 769·3035. Evanston otl,ce 350 City View Orive, Su.le 207A
Evanst"on. Wvomu'Q 82930 1-800-654-7972. ToU-free/Chents Only
(307) 789-8631. FAX

Ms. Sondra Kaska DD/~lI Clinical Lal" project College of Law Iowa City, Iowa 52242
Dr. Peter Blanck The University of Iowa College of Law, Room 431 Iowa City, Io\Va 52242
Ms. Shirley Kin~3ton Attorney General's Office 123 Capitol Avenue Cheyenne, WY 82002
In Re: Semi-Annual Report:
Dear Compliance Advisory Board Members:
Section 8.03 (el of the Conse~t Decree provides that "the parties shall jOintly compile sf'I:Ii-annual reports outlining the degree of progress •.. ';, 'including "recorrunendations." This report is the third such installment.
Consistent with the language of the Consent Decree, ',,,e respectfully make the following observations, reflections, and recommendations concerning the progress or lC'ck thereof, regarding the terms and conditions of the Consent Decree.
1. This report embraces a time period from March 14, 1992 to September 14, 1992. This six-month report reflects increased monitoring and compliance activities punctuated by occasional sparring between the parties based upon requests made by P&A for resolution o~ various iS3UCS. These issues include, but are not limited to, access by P&A to information including abuse and neglect reports; proper notice to P&A attorneys of record by the state of \'iyoming; and medical management issues. ,Monitoring and compliance activities are now more dually oriented than during previous time periods in that systemic and individual ~onitoring is being performed.
"IN THEIR INHERENT RIGHT TO LIFE. UBERTY. ANO THE PURSUIT OF HAPPINESS. ALL MEMBERS OF THE HUMAN RACE ARE EOUAL- (WYOMING CONSTITUTION)

Semi-Annual Report September 14, 1992 Page 2
2. Discussions among the parties regarding the FourYear Plan resulted in an agreed upon plan incorporating many changes that were suggested and discussed over a several month period. Other issues or activities that merit attention and are on-going during this time period include discussions on medical management issues both at WSTS and within community programs. A consensus on implementing an effective transition planning process has been achieved. Monthly meetings between the parties has occurred. Press coverage on the closure of Rothwell and Maghee cottages has been sought by both parties and effectively realized.
3. Other issues remain unresolved and need to be addressed which include, but are not limited to, a follow-up of the CAB Directive pertaining to medical management/systemic problems at the Health Care Center of the Wyoming State Training School; extensions of deadlines for the implementation of IPP's; and the CAB oversight plan (although in'the latter situation, current discussions of how to resolve disputes has a great bearing on the oversight plan) .
4. Reviews of community programs continue to pose questions concerning the capability and timing of such programs to receive and properly provide supports and services to transitioning class members. P&A has articulated concern that, in some cases, community supports and services are lagging behind the anticipated or hoped for placement schedule of the Wyolaing State Training School. As school-aged students are being placed in local school districts and adults are being transitioned to community programs, case by case problems frequently arise necessitating resolution on an individualized basis (for example, specialized home care for a student). In general, informal resolution is occurring.
5. Of recent discussion between the parties has been questions raised by Protection & Advocacy System, Inc. concerning alleged systemic medical management issues at the Wyoming State Training School. The parties are close to agreement on not only the above-referenced dispute resolution process but also that a procedure has been put in place to address and handle the systemic issues surrounding medical management issues, including licensing procedures. The time period to accomplish anything of SUbstance will be extensive.
6. The next six months will continue to intensify monitoring at community and local school programs as more transitioning occurs and efforts are focused on individual supports and services or the lack thereof. As issues are
r

Semi-Annual Report September 14, 1992 Page 3

raised at the "local" level by such monitoring, occasionally systemic changes may be warranted. One such issue still may be the statutory and regulatory framework that governs community programs.
7. Normally, we submit a "box" compliance report which we will assume at a later time. Presently, we are returning to the initial start of the Consent Decree in order to completely review all items to date in anticipation of upcoming CAB meetings. While some issues have been technically completed, we wish to ensure that from a performance aspect, compliance is being met beyond paper assurances.
8. Continuing concerns raised by many staff of the Wyoming State Training School that are communicated to P&A related to staff morale problems and the alleged lack of leadership at the Wyoming State Training School. Within this context are many sub-issues that merit serious and urgent attention and discussion. The previous CAB directive-addressed many of these issues. It is beholden to us to continue to review and resolve these issues. We recognize that change is not always welcomed nor wanted by those who are used to a certain way of conducting "business". It is better to address such issues openly rather than allowing circumstances to affect the health and welfare of class members.
9. Staffing issues at the Wyoming State Training School remain a concern. We note that it took the state of Wyoming nearly one and one-half months to respond to our request for staffing information. I.e remain concerned that ratios are met not only in terms of numbers but in terms of quality and that staffing morale does not have a negative impact on the class members.
Sincerely,

anne A. Thobro cutive Director

~~ Danny. S. 1',Ti l~e General CounseN

Mtchael H: Reese Attorney at Law

 ChC\"l:llllc. \\\'(}Illill!-( H~()()l

28 Ail 8 11

DE','ELOP',fENTAL D!SAalurES PROGH;"\~
,3071 632·3-l96 Chevt'r'1ne ,:tlle-: ,30;,332-5302 Ext :S~ Lancer c!t,ce
PO B'Jx ;)8 Lander Wyom.'l(J 82S.2:: 1-800-624-7648. Toll-free, Clients Only
\307': 638-C81;;;, FAX

CL.'E'J7 .... SS·ST .:.,I\JCE ;.o"lOGRAM
,30~, r3~-~6~B :::""""ven"e ctt:c".' 1-800-821 ·30g1 Toll-tree C:lents Only
;JO~' 638 '~81') FAX

" . JJ~, ')3S-~31' C·,,,,,,","~·'

~.--,

30- -89-JJJ::' E.l"<;~,:.r ,'''':::e

350 c,tv V'e.v ~pv,_, S",!e '.!'='~ ....

E.a'lS10n 'N'.I)':1I~'-:: 'i2-::'::<~'

1-800-65-1- 7972 TOII.free CIiW'!S O'llv ,3C~, ~89·o631 F.>.>'

September 10, 1993,,--'
\ ,

Dr. Peter Blanck University of Iowa College of Law, Room #431 Iowa City, Iowa 52242

Ms. Sondra Kaska 218 East washington, #201 Iowa City, Iowa 52240

r92

In Re: Semi-Annual Report

Dear Compliance Advisory Board Members:

We respectfully submit our Semi-Annual Report pursuant to the Consent Decree in Weston, et al. vs. Wyomino State Training School, et al.

Consistent with the language of the Consent Decree, we make the following observations, reflections, and recommendations concerning the progress or lack thereof, regarding the terms and conditions of the Consent Decree.

We observe that the State of Wyoming has made positive strides towards achieving the following:

*

Educational placemer.r.t.s for clasz mer!tbe:r-s

*

Wheelchair technology at the Wyoming State Training

School (WSTSl

*

Movement towards positive changes at the Health Ca:-e

Center (HCCl at WSTS

"IN THEIR INHERENT RIGHT TO LIFE. LIBERTY. AND THE PURSUIT OF HAPPINESS. ALL MEMBERS OF THE HUMAN RACE ARE EQUAL.·· (WYOMING CONSTITUTION)

Dr. Blanck Ms. Kaska September 10, 1993 Page Two

*

Continued closure of large dormitory-style buildings

WSTS

* Movement of class members out of WSTS

* Revised Mortality/Morbidity Review procedures

We observe the following concerns which include, but are not necessarily limited to, the following:

*

Staffing deficits: For example, with regard to staffi~g

deficits, ProteCtlOn & Advocac~' Syste:T., Inc. (P~,n.~

monitors have observed insufficient staffing both at WSTS

and at certain community program sites. Additionally, as

recently as August 6, 1993, WSTS' Administrative Team

findings revealed staffing deficits at WSTS. Random

monitoring of certain community programs has also

revealed staffing inadequacies.

*

Staff training deficits: Adequately trained staff, both

at WSTS and in certain community programs, remains a

concern. For example, the most recent WSTS Safety

Officer's Report noted significant safety concerns at

WSTS. Random monitoring of certain community programs

has revealed issues that appear to be the result of

insufficient staff training.

*

Sufficient funding: For example, as noted in the August

6, 1993, WSTS Administrative Team findings, adequate

funding for services at WSTS remains a concern. Adequate

funding for community programs is also an issue.

Continued funding for Independent Case Management is an

issue. Funding for implementation of IPP services for

all class members remains a concern.

*

Lack of Std~Utory guide:i~2s ~n~ C~=S2 state rnonito~j.~a

and oversight: The lack of statutory guidelines and

close state monitoring and oversight for community

programs, has, in some instances, resulted in a lack of

coordination and direction in community-based services.

Additionally, the absence of licensing requirements for

Dr. Blanck Ms. Kaska September 10, 1993
Page Three

community programs has resulted in health, safety, a~d welfare issues for clients. Further, a lack of statutory guidelines and close state monitoring and oversight are concerns, as highlighted by Big Horn Enterprises' rece~t filing for bankruptcy.

*

Lack of adequate behavioral programming: The lack of

behavioral programming, both at WSTS and in co~~unities,

has resulted in inadequate or inappropriate programming

for individuals, including the overuse or inappropriate

use of the involuntary commitment process. Individuals

with traumatic brain injuries; dual diagnoses of mental

retardation and mental ~~~~ess; or with significa~t

aggression, have, in some cases, received inadequate Or

inappropriate services at WSTS or in community settings.

*

Lack of implementation of Individual Program Plans

(IPPs): Based on random monitoring at WSTS and in some

community programs, the implementation of IPP services is

a concern. Services must be provided as called for in

IPPs.

*

Lack of implementation of a uniform recordkeeping system

at WSTS: The lack of implementation of a uniform

recordkeeping system at WSTS remains a concern.

*

Class list: A class list pursuant to Weston remains in

dispute.

*

Sara K.: The provision of an annual IPP for Sara remains

in dispute. Sara's case also highlights a number of

systemic concerns.

*

Death investigations: During this report period, P&A

staff and consultants prepared a death investigation

report regarding a death at WSTS. This document raised

questions about possible neglect of a class :nerr.bC=4 A~

this time, P&A staff and consultants are conducting

several death investigations regarding class members.

Dr. Blanck Ms. Kaska September 10, 1993 Page Four

without sufficient funding, services, and safeguards, closure remains questionable.
Sincerely,
~-=--~-- ,~,-- C,,-\ -<">S, '-<0
Jeanne A. Thobro Executive Director

c: Distribution List

,Vn' ~'/ /i.~'
Danny S.Wilcte GeneralCourlsel
4 '/ / '/J';;/?It/i!71j!{~ M~chael Reese Attorney at Law

r.I' "':' ....
• ' .• - .j
REPORT TO TIlE COMPLIANCE ADVISORY BOARD
by THE STATE OF WYOMING MARCH 1993 - SEPTEMBER 1993
SEPTEMBER 13, 1993

CONfENfS
I GOVERNORS LIAISON SUMMARY II WYOMING STATE TRAINING SCHOOL III WYOMING COMMUNITIES IV WYOMING DEPARTMENf OF EDUCATION

SUMMARY

six Month Report March 16, 1993 - september lS, 1993
This document is the fifth semi-annual report prepared by the State of wyoming relating to the signing of the Consent Decree Weston, et al vs the Wyoming state Training School, et al. This report demonstrates a continued focus of efforts on the items agreed to in the Consent Decree, and the coordinated efforts of the State Department of Education, Department of Health and in particular, individual staff at the Wyoming State Training School, wyoming's community developmental disability programs as well as public school district personnel and State Department of Education personnel. The results of all these efforts have been opportunity for community service option for a number of individuals who formerly were served at the wyoming State Training School.
Highlights of this report noted in the Wyoming State Training School report including closure of large dormitory type buildings at Wyoming State Training School and the now nearly complete downsizing of individual programs at Wyoming State Training School. As of this writing, the number of individuals served by the Wyoming state Training School is 170 and the balance of staff to clients in the Consent Decree of 3.5 to one is rapidly approaching. Finally, during this period, parties have agreed to an updated morbidity and mortality process which will be studied by the parties over the next year, but this process promises to provide the opportunity to improve decision making of all parties.
within Wyoming communities, growth has been quick and challenging over the past two years. Wyoming communities have responded to this challenge both in the further development of developmental disability programs but also in the community commitments. Staff have been recruited, hired and training has taken place on a daily basis across the State sponsored by the State of Wyoming and community providers to make sure that employees have the expertise to discharge their responsibilities in a way that provides opportunities for growth both in terms of abilities and the experience by individuals served. Quality Assurance measures have been developed and administered, they will be the focus of the next Quality Assurance report delivered to all parties. Pro active improvement of programs is the by product of good quality assurance.
The Department of Education has submitted closure items to Protection and Advocacy summarizing and documenting the activities that it has undertaken with regard to this Consent Decree. These submissions for closure are added to the six month report in an effort to provide information to the reader.

The Independent Case Management system continues to advocate for individual Class Members and serve as a point of contact for applicants for class membership. Individual IPP's, IEP's are followed by Case Managers and trends are analyzed with results being provided to the planning teams for use in either revision or further advocacy aimed at providing specific services for Class Members.
The state of Wyoming feels that discussions on closure processes are appropriate at the present time and that the Consent Decree in it's drafting lends itself to determination on a point by point basis as to whether the Consent Decree is implemented.

WYOMING STATE TRAINING SCHOOL

Report t o t h e Complian~e Advi.ory Boa~d
F'oc U~:
Wyoming State TrAining S~hool
During the l~st six month perl0d (March 1993 to September 1993) notable progress has been made towards goals established through the Consent Decree, speCifically, In the ~rea. of building closures, downsizing of the on-campus population, and down.. izing of the staff.
With the appropriate transition of many individuals into community b~sed programming in Wyoming, the Wyoming St~te Training School has been abla to continue with the closure of the Smith and Rothwell buildings. These are both, oldar dormitory style buildings, which WQre not adeq·...ata to meet nece!isary 1 i fe safety standards. At present the only dormitory style building baing used for r.sidltntial purposes i .. Willson, which hou..... nina individuals. This building is scheduled to close in November of 1993. At that point, all individuals living on campus would be residing in life safety certified rasidences. This represents the achievement of a major milelitone toward compl iance with Consent Decree requirements.
Companioned with the closure of older residential buildings i .. the down.izlng of the on-campus census. Currently this census is 170 individual.. The targeted goal for December of 199~ is 161 individuals, leaving nine more individuals to be transitioned. In January of 1990, the on-campu~ cen.us wa. 323. Since th~t time, 1~3 individuals have been successfully transitioned into the community program syst~m. As noted above, this represents significant progress towaY'ds the targeted goal ..stabl ished by the Consent D.er •••
In k.eping with the goal of downsizing the census, the Wyoming Stat. Training School h.s worked very ~arefully at downsizing the litaff also. Presently there a .... 592 full time staff hired and work in; for the a;.n~y. Thi. is a downsiZing from 705 staff work in; in 1991. In an effo~t to maintain appropriate services for individ~al. remaining at ~STS, specifi~ plans were initiatad 1n J~nuary of 1993. Th. intent of management has been to retain a. many qualifi.d permanent staff as possible, absorb as many temporary staff as possibl., and allow attrition to occur. It was re~ognizad early on that downsizing of the agancy could have a devastating effect on the lives lndividu~l staff. The fear or thr • • t of "100.1"~ your Job II for rea'Son$ unrelated to job performanca could, in turn, have an undasir.d ." ..et on individual. being serv.d. The major portion of this "downsizing" has occurr.d with only a small numb.r of controversies. The n.t .ffeet of this process ha. b...n to achieve a total staff/client ratio of better

tl'lan 3.4 st.ff to wacl'l client. Again tl'lis .. ep ....sents major prog....ss towa.. ds tn. listablisl'lwd go.l of • 3.~ to one ratio by Dacember 31, 1994.
Tl'le above noted information r.presents tl'le maJor focus of accompl isl'lments for tl'llt Wyoming State Tr.ining Scl'lool over tl'le past ai)( month per iod. Otl'ler .reas of focus inc 1ude the cont inued monitoring and r.finemant of tl'le Individual Program PI.n proce.s, the improvement of Oily Program service. and the "active treatment" model, and tl'le refinement of service delivery to maintain compliance with Consent Decree deSCriptions of tl'le "institution." Th. next SiK to twelve month period will be a Pltriod of considerable focus on documwnting the implementation of systems within the agltncy that ensure ongoing compliance with the currently e.t~blish.d standards.

WYOMING COMMUNITY

Semi-Annual Report ~arch 1993 - September 1993
Division of Developmental Disabilities - Liaison Officer

Class ~embership - Admissions

The State received fifteen applications for class membership in the period March 1993 through August 1993 and has taken action on three of the fifteen. One person was admitted to the class. two others were denied. Additionally the committee denied membership to one person whose application was received in the previous six month period. Action is pending on the remaining twelve received during this six month period and two from earlier periods.

The history of applications looks like this. The first and only application received during the first six months after the Consent Decree was signed was received in July 1991.

6 applications October 1991 - ~arch

1992

49 applications April 1992 - September 1992

17 applications October 1992 - March

1993

15 applications ~arch 1993 - August

1993

To date the State has admi t ted 12 applicants to class membership. In addition, the CAB adm i t t e d 2 app I i can t s through the appea I process, who were initially denied membership by the State.

Dan Wilde, Protection and Advocacy System, Inc., Steve Zimmerman.
Governor's Office and Ken Heinlein, Community Programs Liaison, revised the Procedures for Adding Class Members. The new procedure presently governs the application process. a copy of which has been
submitted to the CAB for filing with the court. The new procedure requires the state to be more aggressive in handling the appl icat ions, following up monthly on outstanding requests for information.

Quality Assurance Reviews
The Division is preparing for the 1993 quality assurance reviews for all the regional providers beginning in September. All adult programs will be reviewed by early spring. Those that are completed before the middle of December will have their reports included in the 1993 Annual Quality Assurance Report, the remainder will be included in the 1994 Report.

Annual Consumer Survey
The Division has two consumer surveys in process. The first is the 1993 version of the Consumer Survey, the second is a survey of the parents of class members served by specialized home care providers.

The 1993 Consumer Sun'ey is complete. The first round of the quest ionnaires was mai led June and the second mai I ing to nonrespondents was mailed in early July. The first mailing resulted in a 44% response rate for class members (n=93) and a 47~ response rate for non-class members (n=77). An additional 27 questionnaires were returned after the second mai I ing, for an overall response rate of about 65%. Nine questionnaires were returned for wrong or expired addresses. these were excluded in the calculation of the overall response rate.
The 1993 questionnaire closely resembled the 1992 survey. with changes to clarify several questions. In particular. the primary contacts were asked to identify the programs providing services and their case manager. The 1992 survey only asked if their person was served in the community and if they had contact with an Independent Case Manager during the previous month. Additional questions were added to the Likert Scale concerning day and residential staff and act ivi ties. and the wording changed to reduce ambigui ty. The results of the survey will be included in the 1993 QA Report.
The 1993 survey of children in specialized home care was mailed in the middle of August. There are only fourteen class members are in specialized home care. Ten forms have been returned so far, but data analysis not started Data from these will also be included in the 1993 QA Report.
Residential Lifestlve Inventorv
The Division Plan for Qual ity Assurance in Community Programs prorosed the use of the Resident Lifestyle Inventory to measure the amount and degree of integration of class members in community activities. Because of the large number children with special health care needs who left the Training School during the summer of 1992. the Independent Case Managers did not have the opportunity to complete these in 1992. The Independent Case Managers have completed these for 1993. All class members served by the Regional Services Providers were included in this measure of qual ity assurance. In addition. all class members at the Training School scheduled to move to the community were also included. The RLI was modified slightly for those at the Training School, but the results will still be comparable. Direct care staff for both groups (community and institution) provide the normative frame of reference.

DEPARTMENT OF EDUCATION

INTERN ISSlTES FRESEYT - PECB1llER ]994:
(

Traininlr Although not directed as part of the Consent Decree. the Wyoming Department of

Education is arranging for more training sessions for school district staff. The training was

designed based upon needs expressed by school district personnel. The Wyoming Depamnent of

Education will sponsor its annual Special education conference July 13 - 15. 1993. Among other

special education topics, the following sessions will be held which specifically focus on

severelv disabled students:

.

T.E.A.C.H. Program: holistic curriculum for severe/profound

needs

students

Communication for severe/profound needs students

, Behavior management for severe/ profound needs students

Health needs of severe/profound learners

One full day of the conference is devoted to issues pertaining to severely disabled students and enrollment demand is expected to be high. Therefore staff members from districts who serve WSTS class members will be given enrollment preference.

In addition to training arranged and/or provided by the Special Education Unit. the Nutrition

Division of the Wyoming Department of Education has also been seeking training opportunities

to assist food service providers in better meeting the nutrition and feeding needs of multiply

disabled children. The Wyoming Depamnent of Education NET Coordinator (Nutrition

Education Training) has designed a resource guide for school food service providers. A draft

copy of that guide can be found in Appendix D. A few pilot districts will review the document

and suggest revisions prior to finalization and dissemination to all districts. Anticipated date

of dissemination to school districts is August 1993 so that information is available as the next

(

school year gets underway.

Also, the NET Coordinator is arranging for a question and answer session to be held in the fall via compressed video. The use of compressed video reduces distances travelled and time away from work and thus should increase the number of food service personnel who will be able to attend. A panel of individuals with various areas of expertise will be available to answer specific questions and to help problem solve.

By nature of the system, the responsibility and focus of training provided by the Wyoming Department of Education is on school districts which serve students in grades K-12. However, preschool and adult service providers will be al10wed and encouraged to participate in these training activities.

In an effort to provide more information about severely disabled students to school nurses. the School Improvement Unit of the Wyoming Department of Education and the Department of Health entered into a joint project with the Wyoming School Nurses Association. The Wyoming School Nurses Association obtained permission to re-print the school nursing manual which was designed by the Colorado Department of Education and Colorado Department of Health. The document is titled "Procedure Guidelines for Health Care of Special Needs Students in the School Setting." The Wyoming Department of Health and the Wyoming Department of Education plan to provide a copy to every school and to every special education coordinator. The Department of Health and Wyoming Depamnent of Educatlon agreed to share in the printing and mailing costs.

Monitorin~: In addition to training, the Wyoming Department of Education wiIl continue to do

{

enhanced monitoring and technical assistance during the interim period of present through

\...

December 1994. As all parties know, Wyoming Department of Education special education staff

did an on-site review of every student who transitioned from WSTS. These visits were done

from November 1992 - February 1993 and the follow up reports pertaining to each child were

[

given to Protection and Advocacy. A copy of those reports are attached as Appendix E.

The Wyoming Department of Education will do another round of monitoring visits during the Fall 1993 and/or Winter 1994 and will again provide districts with any needed technical assistance. This will provide the Department with a view of the children's placement and ongoing progress approximately one year ailer movement to the community.

LONGTERM PROCESS AN]) PROTECTIONS BEYmm DECFMJIER 1994:

After December 1994, the WSTS student class members will continue to receive needed educational Sto.'vices as do all special education students within the state. Their rights will continue to be protected under federal law IDEA (Individuals with Disabilities Education Act) and the Wyoming Rules and Regulations Governing Services for Children with Disabilities.

The Wyoming Department of Education will continue to monitor school districts in accordance with the schedule delineated in the State Special Education Plan which is reqUired by the
U.s. Department of Education. The Department would also continue to provide technical
assistance and special education training.

(

IN TIlE L'NITED STATES DISTRICT COURT

(

FOR TIlE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her

)

guardian Barbara Weston, et aI.,

)

)

Plaintiffs

)

)

v.

)

Gvil Action No. C9Q.OO4

)

WYOMING STATE TRAINING SCHOOL, et a!.

)

Defendants

ARTICLE I

1. Item 7.02

II. A dictated description

Section 7.02 states: "Emerson School. Emerson School will be closed by September 1, 1992." The CAB

(Compliance Advisory Board) was notified by Mr. Steve Zimmerman, Governor's Liaison Coordinator,

on August 28,1992 that "Emerson School is no longer the education provider for school age residents at

(

the Wyoming State Training School." Therefore, the Department of Education requests closure on Section 7.02.

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date August 28 1992

Documentation is attached or appended as follows:
leiter (dated August 28 1992) from Steve Zimmerman. Governor's Liaison Coordinator. to
CAB. (with at13chments)

IV. Actions by Protection and Advocacy

A.

________________________________

~~~

B.

Oosure disputed by

Dall!___________

SpecifiC Details of Dispute provide under Dispute resolution is attached or Appended as follows:

(
c. CAB finds substantial compliance has been met.

_ _ _ _ __ Ute

=-~~~----------Utle-----------
Peter Blanck
_________________________ Utle,_____________
Sondra Kaska '.

(

IN THE UNITED STATES DISTRICT COURT

(

FOR THE DISTRICT OF WYOMING

ANNA MARlA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Gvil Action No. C9O-OOI

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.03

II. A dictated description

Section 7.03 states: "IEP Review Dates. LENs/IEU's will convene IEP ICSC meetings to conduct reviews

of IEP's and related services by October 1, 1991 for WSTS class members. The IEP's of all other dass

members living in state facilities will be reviewed by December 31,1991." A letter dated November 7,

1991 was sent from Dr. Pat Arp, Deputy Superintendent, to CAB notifying them that "pursuant to the

r \..

Stipulated Agreement, Section 7.03, all Individual Education Plans (lEP's) for students residing at WSTS have been reviewed. These reviews were completed by October 31, 1991 as previously agreed." Then on January 14, 1992 another letter was sent to CAB from Dr. Arp which stated: 'This letter is to

coniirm that the IEP's of all dass members residing in state facilities, other than WSTS, are current."

Since both aspects of Section 7.03 have been completed, the Department of Education requests dosure on

this Section.

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date October 31 1991IIanuary 14. 19Q2

Documentation is attached or appended as follows: Letters to CAB from Dr. Palnda O'Brien Arp dated November 7 1991 and TanuaTV 14. 1992.

IV. Actions by Protection and Advocacy
A. a~~~_________________________________ ~~~_________

B. Oosure disputed by

~~'-----------

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:

(

c. CAB finds substantial compliance has been met.

Peter Blanck

cute'_ _ _ _ __ CUte,_ _ _ _ _ _ __

~~~~-------------CUte,----------
Sondra Kaska

(

l

IN TIrE U~TrED STATES DISTRlcr COL"RT

r

\.

FOR TIrE DISTRlcr OF WYOMING

ANNA MARIA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Ovil Action No. C90-004

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.04

II. A dictated description

Section 7.04 states: "Educational Needs Assessment Team. An ENAT will be established by SDE subject to approval of the CAB to review the current IEP's oi school-age class members at WSTS and other state facilities. The team will consist of at least three members who are knowledgeable and experienced in one of the following areas including, but not limited to:

r \..

a) early childhood education (3-5 yr. old); b) transitional education (16-21 yr. old);

c) general education of persons with disabilities; d) medical matters and/or behavior disorders

The ENAT will make recommendations and shall be a resource for the IEP /CSC and IDT in transitioning those school-age students who are class members to the appropriate and least restrictive educational environment. ENAT's expenses will be paid by the State out of non-Foundation funds upon completion in writing of their recommendations to the parties and CAB. ENAT's initial written reports will be completed july 1, 1991, and sent to the IEP/CSC and IDT."

All of the items reqUired by Section 7.04 were completed in a timely manner. A letter and the Department of Education'5 portion of the semi-annual report were sent to CAB by Diana Ohman, State Superintendent on September 10, 1991. That overview report reads in part; "A preliminary report was due from ENAT (Educational Needs Assessment Team) on july 1, 1991. On june 25, 1991, the State Department of Education forwarded that report to CAB. Although not under a specific timeline requirement, the ENAT team has been working during the course of the summer and presented an oral overview of their findings to all interested parties on August 23, 1991. Their written report for each child was received by the State Department of Education on August 30,1991, and copies have been mailed to districts, parents and the Wyoming State Training Schoo!." Then on November 26, 1991 a memorandum was sent to jeanne Thobro of Protection and Advocacy Inc. from Dr. Pat Arp stating: "Attached are copies of five reports done by the Educational Needs Assessment Team (ENAn. These are the reports for all students who are class members and reside in other state facilities. This completes the ENAT process." The Department of Education requests closure on Section 7.04 of the Consent Decree.

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been

(

complied with as of this date lune 25 19<11

Documentation is attached or appended as follows:
Letter dated September 10 1991 from Diana r. Ohman, State Superintendent, to CAB (with
attached excerpt from the Qwanment of Education's semi-annual report),
Memorandum irgm Dr, rat An> to leanne Thobro dated November 26, 1991,

IV, Actions by Protection and Advocacy
A, _ a=~by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o.le,_ _ _ _ __

B, Oosure disputed by

O'Ie,_____________

Specific Retails of Dispute provide under Dispute resolution is attached or Appended as follows:

c.

CAB finds substantial compliance has been met.

O'Ie,____________

Peter Blanck

O'Ie,_ _ _ _ __

::--:---:-:----:-_ _ _ _ _ _ _ _ O'Ie,_ _ _ _ _ __
Sondra Kaska
(

IN THE If.\IITED STATES D1STRIcr COURT

(

FOR THE D1STRIcr OF WYOMI:-IG

ANNA MARlA WESTON. by her

)

guardian Barbara Weston. et aI.,

)

)

Plaintiffs

)

)

v.

)

Ovil Action No. C9(}.004

)

WYOMING STATE TRAlNING SCHOOL, et al.

)

Defendants

ARTICLE 1

I. Item 7.05

II. A dictated description

Section 7.05 states: "Parent Involvement. All parents of schaal-age members will be notified about the

IEP review process by the State and will be encouraged to be actively involved. In cases where the

child is a ward of the State or the parents cannot be located or choose not to be involved with their

child's education, that school-age ciass members (sic) will be aSSigned a surrogate parent to act on

(

behalf of that child."

All parents were notified of the IEP review process, many chose to be actively involved. in two cases it

was necessary to assign a surrogate parent. Even without the WSTS Consent Decree. it is standard,

required practice in compliance with federal law IDEA (Individuals with Disabilities Education Act)

that parents of ali special education children be notified of IEP meetings and that, when necessary,

surrogate parents be appointed. Thereiore, the Department of Education requests closure on Section 7.05.

III. It is recommended by the State of Wyoming that the dted requirement of the Consent Decree has been complied with as of this date October 1991 .

Documentation is attached or appended as follows: Federal Reg:ulations Implementing: Individual With Disabilities Act (IDEA) Part B as amended \.larch 13. 1903

lV. Actions by Protection and Advocacy

A.

_ Oosure~by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date,--_ _ _ __

B.

Oosure disputed by

Date_ _ _ _ __

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:

c.

CAB finds substantial compliance has been met.

(

Peter Blanck

Sondra Kaska

Dlle,_ _ _ _ __ CIlIe,_ _ _ _ _ __ CIlIe,_ _ _ _ __

(

IN THE UNITED STATES DlSTRIcr COURT

(

FOR THE DlSTRIcr OF WYOMDIG

ANNA MARIA WESTON, by her

)

guardian Barbara Weston, et aI.,

)

)

Plaintiffs

)

)

v.

)

Ovil Action No. C9O-OOl

)

WYOMING STATE TRAlNING SCHOOL, et al.

)

Defendants

ARTICLE I

I. Item 7.06

II. A dictated description

Section 7.06 states: "Surrogate Parent. The surrogate parent(s) shall be assigned by SDE and thereafter the student's LEA/lEU shall be that of the surrogate parent. The expenses of the surrogate parent shall be paid by the State out of Foundation funds."

r
\.

As stated in Section 7.05 above, in two cases it was necessary to appoint and train surrogate parents. In accordance with Section 7.06 of the Consent Decree, their expenses were paid. The surrogate parents were from the child's home school district so the assigned school district remained constant. The

Wyoming Department of Education now requests closure on Section 7.06.

Ill. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date October 1991

Documentation is attached or appended as follows:

IV. Actions by Protection and Advocacy

A.

___________________________________
a~~~

_ Da~, ___________

B.

Oosu", disputed by

_ Da~, __________

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:

l

c.

CAB finds substantial compliance has been met.

(

Peter Blanck

Sondra Kaska

OOte,_ _ _ _ __ OOte,_ _ _ _ __

(

l

IN TIlE UNITED STATES DISTRIer C01.JRT

(

FOR TIlE DISTRIer OF WYOMING

ANNA MARIA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Ovil Action No. C9().004

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

1. Item 7.07
II. A dictated description
Section 7.07 states: "The Individual Education Plan. Each written IEP prepared for a school-age dass member residing in a state facility shall include:
a) the date of the initial placement at the facility, b) the reason for the placement at the facility; c) a summary of the current services provided to, or needed by the student; and d) a projected date for transitioning to a LEA/lEU."
All IEPs for school age dass members were completed as discussed in Section 7.03 above and induded items (a) through (d) as required. Therefore, the Wyoming Department of Education requests dosure on Section 7.07.
III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date October 31 1991/lanuaor 14.1992
Documentation is attached or appended as follows: See documentation submitted with Section 7.03

IV. Actions by Protection and Advocacy
A. a~~~________________________________

B.

Oosure disputed by

_ Da~ ____________

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:

(

c.

CAB finds substantial compliance has been met.

Peter Blanck

Sondra Kaska

Uue'_ _ _ _ __
Date,_ _ _ _ __ Date,_ _ _ _ __

(

IN THE UNITED STATES DiSTRICT COURT
( FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Ovil Action No. C9Q.ffiI

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.08

II. A dictated descnption

Section 7.08 states: "Transition. Prior to a student's transition, the LEA/lEU, state facility and SDE will work closely in the transltioning process. The state faCility will provide the LEA/lEU with the school-age class member'S IPP, educational evaluations. and other relevant records to assist in the transition.

(

No schOOl-age class member shall be transitioned without a current IEP/IPP."

Prior to the transitioning of every school age class member, Protection and Advocacy was provided notice by Steve Zimmerman, Governor's Liaison. Such notice included a copy of the student's IEP,IPP and other relevant records needed for transition. Copies of these notices and documents are available in each student's file and because of the volume of those records are not duplicated here. Therefore, the Wyoming Department of Education requests closure on Section 7.08.

Ill. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date June 1993

Documentation is attached or appended as follows:

IV. Actions by Protection and Advocacy
A. _ a~~~ ______________________________ _ ~~~ ________

B.

Oosure disputed by

~~'------

SpecifiC Details of Dispute provide under Dispute resolution is attached or Appended as follows:

c.

CAB finds substantial compliance has been met.

(

DlI,,_ _ _ _ _ __

~Pe-te-r-B-la-n-ck--------------~~,------------

Sondra Kaska

~~,--------

(

(.....

IN THE UNITED STATIS DISTRler COURT

(

FOR THE DISTRler OF WYOMING

ANNA MARIA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs v.

0,;1 Action No. C~

WYOMING STATE TRAlNING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.09

II. A dictated description

Section 7.09 states: "Funding. For the first twelve (12) months that an LEA is financially obligated to

provide educational serVICes, the LEA shall receive one-hundred percent (100%) of the costs allowable

under W.S. 21-13-309(e) payable in twelve (12) monthly Foundation Program payments from the time

the obligation commences. The payment shall be predicated on cost estimates agreed to between the

(

LEA and SDE. Thereafter, W.s. 21-13-309(e) shall be used to compute the Foundation Program costs in the usual fashion for such LEAs. LEAs/IEUs may contract for educational and related services for all

schOOl-age class members."

In accordance with the above section, school districts are being reimbursed one-hundred percent (100%) of the costs allowable under W.S. 21-13-309(e) for the first twelve (12) months that the LEA is financially obligated to provide educational services. Thereafter, W.s. 21-13-309(e) shall be used to compute the Foundation Program costs in the usual fashion for such LEAs. See Wyoming Depamnent of Education Memorandum dated November 5,1991 which notified districts of their access to 100% reimbursement and outlined the process for receipt of such funds. The Wyoming Department of Education now requests closure on Section 7.09

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date November 5 1991

Documentation is attached or appended as follows: Wvomin~ D~artment of Education Memorandum from Chuck Vanover. Special Education
Consultant. to Wvommg School Distnct Superintendents dated November 5 1901.

IV. Actions by Protection and Advocacy

A.

o=aorptaiby_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date,_ _ _ _ __

B. Gosure disputed by

Date·_ _ _ _ __

(

Specific Details of Dispute provide under Dispute resolution IS attached or Appended as follows:

c.

CAB finds substantial compliance has been met.

_ Cle, _ _ _ _ __

=-~~~------------CIlIe,---------­ Peter Blanck

Sondra Kaska

CIlIe,_ _ _ _ __

(

IN THE Ul\ITIEO STATES DISTRICT COL'RT
( FOR THE DISTRICT OF WYOMING

ANNA MARIA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Ovil Action No. C9O-OO!

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.10

II. A dictated description

Section i.l0 states: "Other ReSQurces. In order to assure free and appropriate education and related services, SDE may accredit or certify educational programs and related educational suppon service providers. "

(

In accordance with W.s. 21-2-304b<il the State Board of Education has the authority to prescribe standards and accredit public schools. During the time period lapped by the Consent Decree and

continuing to the present, alI school districts in Wyoming had fulI accreditation status.

Prior to the transition of students to the accredited school district placements, the Wyoming Department of Education contracted with numerous private service providers to provide education and related services for those students stilI at WSTS. Such services included occupational therapy, physical therapy, speech therapy and general education. AlI providers held appropriate State of Wyoming certificates or licenses.

All students are now being served by accredited school districts. Therefore, the Wyoming Department of Education requests closure on Section 7.10.

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date Iune 1993 .

Documentation is attached or appended as follows:

IV. Actions by Protection and Advocacy

A. ~~ry'---------------------------------~~-----------

B.

Gosure disputed by

~~'-----------

i
.~

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:
(

c. CAB finds substantial compliance has been met.

_ O'! _ _ _ _ __

=Pe-te~r ~B~lan-c-k ------------O'II!~---------
~~~~________________ O'II!____________
Sondra Kaska

(

IN TIIE UNITED STATES DISnuCT COURT
[ FOR TIIE DISnuCT OF WYOMING

AA'NA MARlA WESTON, by her guardian Barbara Weston, et aI.,

Plaintiffs

v.

Gvil Action No. C90-004

WYOMING STATE TRAINING SCHOOL, et al.

Defendants

ARTICLE I

I. Item 7.11

II. A dictated description

Section 7.11 states: "Personnel. SDE shall be provided four (4), full time staff positions to comply with the tenns and conditions of this Agreement."

c

The State provided four and one half positions to SDE during the 1991 legislative session. Dunng the budget cuts imposed during the fall of 1991 and the 1992 legtslative session, all four and a half positions were left intact. However, the funding for the positions was split between state and federal funds as

reported at the CAB meeting on February 21, 1992. Also reported at that meeting, was the fact that

although positions were available, not all of the positions had been filled because a number of other

Department of Education staff were working on and were responsible for Weston et al related activities.

These staff members included the Deputy Superintendent, Director of Special Education, and a number

of other special education staff. The poSitions allocated were not all needed, rather the required duties

are being perionned by other, more expenenced, staff members. Therefore, the Wyoming Department of

Education requests closure on Section 7.11

III. It is recommended by the State of Wyoming that the cited requirement of the Consent Decree has been complied with as of this date March 1991 .

Documentation is attached or appended as follows:

IV. Actions by Protection and Advocacy
A. aooure~~_________________________________ _ ~E' __________

B.

Oosure disputed by

_ ~E' ___________

Specific Details of Dispute provide under Dispute resolution is attached or Appended as follows:
,
'-

(

c.

CAB finds substantial compliance has been met.

_ _ _ _ __ O:le'

~-----------O:lle,------
Peter Blanck

_ ~~~~ _ _ _ _ _ _ _ O:lle,_ _ _ _ __
Sondra Kaska

(


Individuals with intellectual disabilities residing in the Wyoming State Training School filed this lawsuit in 1990 to challenge conditions at the School and a lack of community placement options. The parties agreed in 1991 to a settlement that was designed not only to improve conditions in the institution, but also to prevent unnecessary institutionalization and create options for community living for individuals with intellectual disabilities in Wyoming.  The court's jurisdiction was ended in 1994.