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MPAS Lawsuit Against MDHHS Clears Hurdle


MPAS Lawsuit Against MDHHS Clears Hurdle
Motion to Dismiss Denied

Federal District Court Judge Thomas L. Ludington has ruled that a lawsuit filed by Michigan Protection & Advocacy Service, Inc. (MPAS) on behalf of children with emotional impairments can proceed, despite the Michigan Department of Human and Health Service’s motion to dismiss.  The lawsuit, filed in June of 2018, alleges that children who mental health professionals have determined need extensive services from Community Mental Health (CMH) are simply not receiving needed treatment.

“Parents bring their children to CMH for help. The CMH professionals write a plan for services but those services are sometimes never provided or provided too late,” said Andrea Rizor, MPAS lead attorney.  “These are children who are often not in school because of their impairments and many have engaged in behavior that is dangerous for them and others.  For these children, the commitments made by CMH are empty promises.  Families, children, and our communities suffer because of the failures of the CMH system managed and supervised by MDHHS,” continued Rizor.

The lawsuit is brought on behalf of children who have emotional or psychiatric impairments that entitle them to home and community-based services and it alleges there are approximately 32,000 children who may be members of the class.

Rizor is an attorney with Michigan Protection & Advocacy Service, Inc., a statewide non-profit law firm that provides legal advice and representation to individuals with disabilities.   The Mantese Honigman and the Law Offices of John Conway are also representing the plaintiffs.

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Posted on:
February 08, 2019