J.K. v. Humble

The state of Arizona has repeatedly failed to meet its federal obligations when it comes to providing mental health and substance abuse treatment to Medicaid-eligible children. The Center was appointed as legal counsel in this case in 1991 to enforce federal laws requiring the state to provide children with nationally accepted standards for mental health care and substance abuse treatment.

The state entered into a settlement agreement with the Center in 2001 but seven years later, the state still had not complied with the terms of the agreement.  In November 2009, the Center filed a Motion for Enforcement of the Agreement in federal court.  

The five areas that the Center is asking the court to enforce are as follows: first, the state has not created the intensive community-based services that children with serious conditions require; second, the behavioral health system does not identify substance abuse treatment needs and lacks sufficient substance abuse services; third, the training program required by the settlement agreement has not been established; fourth, children are often dropped from the system on their 18 birthday despite the fact that they are eligible for services until age 21; and finally, the state has failed to develop a quality management system that monitors compliance.

Center staff attorney Anne Ronan presented the case to Judge Roll in federal court in Tucson on November 22, 2010. As a result of her arguments, the Judge has ordered the state to enter into mediation with the Center. The mediation will aim to resolve the five issues raised by the Center that are critical to providing adequate mental health care for Arizona children.