NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF CHILD SAFETY AND THE PROVISION OF BEHAVIORAL HEALTH, PHYSICAL AND DENTAL HEALTH SERVICES, THE PLACEMENT ARRAY, AND CASE MANAGER WORKLOAD.
Tinsley, et al. v. Faust, et al., Case No. CV-15-00185-PHX-ROS
United States District Court for the District of Arizona
The proposed settlement would resolve a 2015 class action lawsuit filed in 2015 on behalf of children in DCS care by Children’s Rights, Inc. and the Arizona Center for Law in the Public Interest against the Directors of DCS and the Arizona Health Care Cost Containment System. All children in DCS out-of-home care are members of the plaintiff class.
The court has scheduled a hearing (the Fairness Hearing) for February 12, 2021 at 2:00 P.M. in Courtroom 605, at the Sandra Day O’Connor Federal Courthouse, 401 W. Washington Street, Phoenix, AZ 85003. The purpose of the Fairness Hearing is to determine whether the proposed settlement is fair, reasonable, and adequate. For more information regarding the terms of the proposed settlement, the Fairness Hearing, and how to submit comments to the court and/or attend the Fairness Hearing, please see the documents available at the links below.
The parties to the lawsuit submitted their settlement agreement to the court on August 31, 2020. A copy of the Settlement Agreement is available here:
Settlement Agreement (PDF)
The court issued an order on October 13, 2020 (the Order) granting preliminary approval of the settlement agreement. The Order allows class members, their legal representatives, and interested persons to submit written comments to the court. The Order also allows class members or their legal representatives to attend or be heard at the Fairness Hearing by telephone. A copy of the Order is available here:
Court Order (PDF)
PLEASE NOTE that January 11, 2021 is the deadline for submitting written comments, and for class members and their legal representatives to notify the court that they wish to participate in the hearing either personally or by telephone. A Notice of Proposed Class Action Settlement, which contains instructions for how to do so, is available here:
Notice of Proposed Class Action Settlement (PDF)
ADDITIONAL INFORMATION ON HOW TO ATTEND THE FAIRNESS HEARING BY TELEPHONE will be posted on this web page between two and four weeks before the February 12, 2021 Fairness Hearing.
Class members are represented in the lawsuit by Children’s Rights, Inc., Perkins Coie LLP, and by the Arizona Center for Law in the Public Interest. Contact information for class counsel is:
ARIZONA CENTER FOR LAW IN THE PUBLIC INTEREST
Attention: Anne C. Ronan
352 E. Camelback Road, Suite 200, Phoenix, Arizona 85012
CHILDREN’S RIGHTS, INC.
Attention: Harry Frischer
88 Pine Street, Suite 800 New York, New York 10005