Page posted: 7/15/15

Page updated: 1/21/21

Legal authority

Jensen Settlement Agreement and Related Court Documents – June 23, 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)
Court Order Ending Court Jurisdiction, Doc. 879 – Sept. 4, 2020 (PDF)

Background

In July 2009, the families of three people at the Minnesota Extended Treatment Options (METO) program, located in Cambridge MN, filed a federal class-action lawsuit against DHS. The lawsuit alleged that the METO program used restraint and seclusion in a way that broke the law and violated the rights of the people. The lawsuit was expanded to include all people who were served at METO from July 1, 1997, to May 1, 2011. The lawsuit was based, in part, on a report by the Office of Ombudsman for Mental Health and Developmental Disabilities.

Rather than a trial, the people who brought the lawsuit (i.e., the plaintiffs) and DHS entered into a settlement agreement. The Jensen Settlement Agreement contained many provisions that brought improvements to the care and treatment of people with developmental and other disabilities in Minnesota. The Jensen Settlement Agreement was approved by the U.S. District Court for the District of Minnesota on Dec. 5, 2011.

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

End of court jurisdiction

On Sept. 4, 2020, U.S. District Court Judge Donovan Frank, the judge who oversaw the Jensen Case, issued an order finding that DHS had substantially complied with all requirements of the Jensen Settlement Agreement, and that the court’s jurisdiction over the Jensen Case would come to an end. On Oct. 25, 2020, the court’s jurisdiction over the Jensen Settlement Agreement ended.

Definitions

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

Therapeutic follow-up group: People who received treatment at MSHS-Cambridge after the closure of METO.

Comprehensive Plan of Action

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

The Comprehensive Plan of Action included three parts:

Minnesota Life Bridge

After the closure of MSHS-Cambridge, DHS established three community-based crisis residential support homes (referred to as Minnesota Life Bridge) for people with developmental disabilities who exhibit severe behaviors that present a risk to public safety, to replace the METO program.

For additional information, see DHS Bulletin #20-21-08, DHS provides information on the Minnesota Life Bridge program and CBSM – Minnesota Life Bridge.

QADC Services

During the court’s jurisdiction of the Jensen Settlement Agreement, the Quality Assurance and Disability Compliance (QADC) Services team was responsible to monitor and report to the court on compliance with the Jensen Settlement Agreement.

With the end of the court’s jurisdiction, the QADC Services team’s role has expanded to provide consultation and technical assistance on person-centered practices and positive supports for all DHS business areas. The team continues to monitor a number of key provisions of the Jensen Settlement Agreement.

For additional information on QADC consultative services, email QADCconsultation.DHS@state.mn.us.

Successful Life Project

The QADC Services team includes the Successful Life Project team. The Successful Life Project team is made up of board-certified behavior analysts, a registered nurse and a licensed social worker. It provides individualized and consultative clinical support to people identified in the Jensen Settlement Agreement and their teams, as well as other people with severe behavioral challenges. This includes people who live in the same home as people identified in the Jensen Settlement Agreement.

The services the Successful Life Project provides help a person prevent re-institutionalization and maintain the most integrated setting. This includes helping the person’s care providers use person-centered, positive behavior supports and address health or medication needs. These services can, by extension, improve a person’s overall quality of life.

For more information, see DHS Bulletin #19-48-01, Successful Life Project (PDF) and CBSM – Successful Life Project, or email the Successful Life Project at SuccessfulLifeProject.DHS@state.mn.us.

Rule 40 modernization and the 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), completing the promulgation of the rule. The Positive Supports Rule 9544, (Positive Support Strategies and Restrictive Interventions) went into effect on 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 a person’s 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.

Adopted in 2015, Minnesota’s Olmstead Plan is a roadmap with goals the state must achieve for Minnesotans with disabilities to have the opportunity to live, learn, work and enjoy life in the communities they choose. The catalyst for Minnesota’s Olmstead Plan was the Jensen Settlement Agreement. While the Jensen Settlement Agreement focused on systems change within DHS, the Olmstead Plan involves system change across multiple state agencies. For more information, see Minnesota's Olmstead Plan.

Impact of the Jensen Settlement Agreement

The Jensen Settlement Agreement resulted in major changes in how DHS treats people in its programs. As a part of the Jensen Settlement Agreement, DHS agreed to:

Under the Jensen Settlement Agreement, DHS developed and increased resource allocation to Direct Care and Treatment’s Minnesota Life Bridge and Community Support Services programs. These programs use expertise in person-centered and positive support practices to ensure people can live in their most integrated setting.