Lawsuits-autism, severe aggression, and self injury

N. B. v Hamos filed 9/29/2011 in Illinois Northern District Federal Court.

The lawsuit was filed on behalf of a 15 year old boy who has multiple mental health
diagnoses including autism, severe aggression, and self injury. He is also
non-verbal. N.B. has cycled through the psychiatric revolving door 14 times
over the last two years.

The  suit was filed individually and on behalf of a class of Medicaid eligible
children under the age of 21, with behavioral or emotional disorders, who need
intensive care to correct or ameliorate their conditions. This complaint
alleges violations of the EPSDT provision of Medicaid, ADA, and Rehabilitation
Act. The complaint also seeks services for the plaintiff in his home and
community to prevent unnecessary hospitalizations.

The suit cites a March 2009, DHS report that identifies 18,134 children under the
age of 21 with severe mental and emotional illnesses.

  • Under ICG, 220 children are receiving intensive community
    based services (145 in their homes and 75 in group homes)
  • In fiscal year 2007, 1051families applied for
    ICG, but only 81 grants were awarded

The suit cites a May 2011, DHS PUNS (Prioritization of Urgent Needs and Services)
report that identifies 496 children with “Emergency Need” and 1627 with
“Critical Need.”

The suit cites a CRSA report which singles out classifications of children most
likely to “fall through the cracks,” leaving children unserved or
under-served.:

  • Children who need intensive clinical/behavioral
    interventions but who do not meet the state mental health criteria to qualify
    for funding of needed residential treatment.
  • Children with cognitive impairments in
    combination with other disabilities.
  • Families of adopted children in crisis.
  • Children who need specialized treatment to address
    inappropriate sexualized behavior
  • Children with brain injuries

This  federal lawsuit was filed by the following attorneys:

Robert H. Farley, Jr., Ltd.

1155 S. Washington Street

Naperville, IL 60540

630-369-0103

farleylaw@aol.com

Michelle N.
Schneiderheinze

2401 E. Washington Street
Suite 300C

Bloomington, IL 61704

309-533-7340

michelle@mnslawoffice.com

Mary Denise Cahill

Cahill & Associates

1155 S. Washington Street

Naperville, IL 60540

630-778-6500

mdcahill@sbcglobal.net

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