Skip To: Main content|Subnavigation|
Minnesota Department of Human Services CBSM
Advanced Search|  

Jensen Settlement Agreement

Page posted: 7/15/15

Page reviewed: 6/19/17

Page updated: 6/19/17

Legal authority

Jensen Settlement Agreement and Related Court Documents – June 20, 2011 (PDF)
Final Approval Order for Stipulated Class Action Settlement Agreement – Dec. 5, 2011 (PDF)

Amended Jensen Settlement Agreement Order and Second Amended Comprehensive Plan of Action – March 12, 2014 (PDF)

Background

In July 2009, a federal class-action lawsuit was filed against DHS alleging that residents of the Minnesota Extended Treatment Options (METO) program had been unlawfully and unconstitutionally restrained and secluded. The METO program was located in Cambridge, Minn. The lawsuit, heard by U.S. District Judge Donovan Frank, was based in part on a report by the Office of Ombudsman for Mental Health and Developmental Disabilities.

DHS entered into a settlement agreement with the plaintiffs, allowing DHS and the plaintiffs to resolve the lawsuit in a mutually agreeable manner. The Jensen Settlement Agreement was approved by the U.S. District Court for the District of Minnesota Dec. 5, 2011.

DHS officially closed the METO program June 30, 2011. MSHS-Cambridge replaced the METO program. DHS closed MSHS-Cambridge Aug. 29, 2014.

Definition

Class member: People who were subjected to aversive or deprivation procedures to control behaviors while a METO resident any time(s) between July 1, 1997, and May 1, 2011. These procedures included use of restraints or seclusion.

Comprehensive Plan of Action

The Comprehensive Plan of Action, DHS-6920 (PDF) is the implementation plan for the Jensen Settlement Agreement. It outlines the steps DHS will take to come into compliance with the terms of the settlement agreement.

The Comprehensive Plan of Action includes three parts:

  • Part I addresses the closure and replacement of MSHS-Cambridge with community-based homes and services (e.g., Minnesota Life Bridge)
  • Part II addresses the modernization of Rule 40
  • Part III addresses the development of Minnesota's Olmstead Plan.
  • Minnesota Life Bridge

    As DHS closed MSHS-Cambridge in August 2014, Minnesota Life Bridge (MLB) program began providing treatment services to people in homes integrated within Minnesota communities. For more information, see DHS bulletin #16-76-02, Minnesota Life Bridge (PDF) and CBSM – Minnesota Life Bridge.

    Successful Life Project

    The Comprehensive Plan of Action requires therapeutic follow-up of Jensen class members and people previously served at MSHS-Cambridge. Therapeutic follow-up must be provided by professional staff and is intended to prevent re-institutionalization and other transfers to more restrictive settings, and to maintain the most integrated setting for these individuals.

    DHS created the Successful Life Project to provide this required therapeutic follow-up. For more information, see DHS bulletin #17-48-01, Successful Life Project (PDF) and CBSM – Successful Life Project.

    Rule 40 modernization/ Positive Supports Rule

    As part of the Jensen Settlement Agreement, DHS agreed to revise Rule 40 (Minn. R. 9525.2700 to 9525.2810). Rule 40 governed the use of aversive and deprivation procedures in licensed facilities that serve people with developmental disabilities.

    DHS published the Notice of Adoption of Minnesota Rules, Chapter 9544, in the Aug. 17, 2015, edition of the Minnesota State Register (40 SR 179). This completed the promulgation of the rule.

    The Positive Supports Rule (Minnesota Rules, Chapter 9544, Positive Support Strategies and Restrictive Interventions) became effective Aug. 31, 2015. The Positive Supports Rule establishes methods, procedures and standards for the use of positive support strategies with people who receive services.

    Positive supports include strategies used to increase quality of life and decrease challenging behavior. These strategies teach new skills and change a person's environment. For more information, see CBSM – Positive supports.

    Olmstead Plan

    The 1999 Olmstead v. L.C. decision requires states to eliminate unnecessary segregation of people with disabilities and to ensure that people with disabilities receive services in the most integrated setting appropriate to their needs.

    Minnesota’s Olmstead Plan guides state agencies to ensure that all people have the right to:

  • • Attend classes
  • • Be part of the community
  • • Have a satisfying job
  • • Make informed choices about where to live.
  • For more information about Minnesota's Olmstead Plan, see DHS – Olmstead Plan.

    Additional resources

    CBSM – State-operated Community-Based Services (CBS)
    DHS – Jensen Settlement Agreement

    DHS – Rule 40 Advisory Committee

    Rate/Report this pageReport/Rate this page

    © 2017 Minnesota Department of Human Services
    Minnesota.gov is led by MN.IT Services
    Updated: 6/19/17 8:50 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 6/19/17 8:50 AM