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The Jensen Settlement Agreement
A Federal Court Mandate Reshaping Disability Services in Minnesota
Executive Overview
The Jensen Settlement Agreement stands as one of the most consequential federal court interventions in Minnesota’s disability services system. Issued in 2011, the agreement arose from a class-action lawsuit—Jensen et al. v. Minnesota Department of Human Services—that alleged widespread, unlawful, and inhumane practices at a state-operated facility serving people with developmental disabilities. The settlement resulted in the permanent closure of an institution, the prohibition of restraint and seclusion practices, systemic regulatory reform, financial compensation for affected individuals, and the court-ordered creation of Minnesota’s Olmstead Plan. Collectively, these outcomes transformed how the State of Minnesota is legally required to serve people with developmental disabilities.
Recap of Background and Legal Context
The Jensen litigation centered on conditions at the Minnesota Extended Treatment Options (METO) facility, located in Cambridge, Minnesota. METO housed individuals with developmental disabilities who were placed there under state authority. Plaintiffs alleged that residents were subjected to illegal and abusive practices, including excessive restraint and seclusion, in violation of federal disability law and constitutional protections. The lawsuit asserted that these practices were not therapeutic, were not necessary for safety, and caused significant harm to residents. The case proceeded as a class action, reflecting systemic—not isolated—failures in care, oversight, and accountability. In 2011, the matter was resolved through a federal court–approved settlement agreement, which imposed binding obligations on the State of Minnesota and the Minnesota Department of Human Services (DHS).
Key Provisions and Outcomes of the Settlement
1. Permanent Closure of METO
One of the most immediate and tangible outcomes of the Jensen Settlement Agreement was the permanent closure of the METO facility.
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Facility: Minnesota Extended Treatment Options (METO), Cambridge, Minnesota
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Closure Date: June 30, 2011
The closure marked a decisive shift away from large, segregated institutional models of care and acknowledged that the conditions and practices at METO could not be remedied through incremental reform alone.
2. Prohibition of Restraint and Seclusion Practices
The settlement imposed strict and comprehensive prohibitions on the use of restraints and seclusion for behavior management purposes. Specifically, the agreement barred:
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Mechanical restraints
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Manual restraints
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Chemical restraints
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Prone restraints
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Seclusion
These prohibitions reflected a recognition that such practices had been misused, overused, and applied in ways that violated the rights and dignity of individuals with developmental disabilities. The agreement required the state to move away from coercive and restrictive practices and toward approaches that respect autonomy, safety, and human dignity.
3. Court-Ordered Development of Minnesota’s Olmstead Plan
A central and far-reaching provision of the Jensen Settlement Agreement was the requirement that Minnesota develop a comprehensive Olmstead Plan. This requirement aligned Minnesota with the U.S. Supreme Court’s decision in Olmstead v. L.C., which held that unjustified institutionalization of people with disabilities constitutes discrimination under the Americans with Disabilities Act. Under the Jensen settlement, Minnesota was obligated to ensure that people with disabilities receive services in the “most integrated setting” appropriate to their needs—meaning community-based living rather than institutional placement. The resulting Minnesota Olmstead Plan applies across state agencies and serves as a compliance framework governing housing, services, employment, education, healthcare, transportation, and community participation for people with disabilities.
4. Modernization of Rule 40
The settlement also catalyzed the modernization of Minnesota’s regulatory framework governing services for people with developmental disabilities, particularly Rule 40. As a result of Jensen:
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Rule 40 was updated to move away from punitive and restrictive interventions
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The state adopted positive behavioral supports as the guiding model
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Service planning shifted toward person-centered planning, emphasizing individual needs, preferences, and goals rather than institutional control
This regulatory reform was designed to prevent the recurrence of the conditions that gave rise to the lawsuit.
5. Financial Settlement
As part of the agreement, the State of Minnesota agreed to a $3 million financial settlement for members of the plaintiff class. This compensation recognized the harm suffered by individuals subjected to unlawful restraint and seclusion practices and formed part of the remedial framework imposed by the court.
Court Oversight and Jurisdiction
The Jensen Settlement Agreement was subject to prolonged federal court oversight.
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Presiding Judge: U.S. District Court Judge Donovan W. Frank
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Duration of Oversight: Nearly a decade
Judge Frank retained jurisdiction to monitor compliance, enforce the agreement, and ensure that the state met its obligations under the settlement.
End of Formal Court Jurisdiction
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Jurisdiction End Date: October 24, 2020
On that date, the court formally concluded its active jurisdiction over the case, finding that the state had met the core requirements of the settlement agreement.
Current Status and Ongoing Implementation
Although formal court oversight has ended, the obligations and principles established by the Jensen Settlement Agreement remain embedded in Minnesota’s disability services system.
Continued Implementation of the Olmstead Plan
The Minnesota Department of Human Services continues to implement the Olmstead Plan across state agencies. While no longer subject to direct judicial monitoring under Jensen, DHS has stated its ongoing commitment to the plan’s goals and compliance framework.
Community-Based Support Services
In response to Jensen and as part of broader system reform, Minnesota established and expanded community-based support programs designed to prevent re-institutionalization. These include:
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Successful Life Project
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Minnesota Life Bridge
These programs provide crisis support, stabilization services, and community-based interventions intended to help individuals remain in their homes and communities rather than being returned to institutional settings.
Significance and Legacy
The Jensen Settlement Agreement represents more than the resolution of a single lawsuit. It constitutes a structural reckoning with how Minnesota historically treated people with developmental disabilities and imposed enforceable standards for reform. The agreement:
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Ended institutional practices deemed unlawful and inhumane
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Forced the closure of a state-operated facility
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Prohibited restraint and seclusion practices
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Mandated statewide compliance with federal disability law
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Reshaped regulations, services, and oversight mechanisms
Its legacy continues through the Minnesota Olmstead Plan and the ongoing obligation to provide services in integrated, community-based settings.
Source Documentation
Official court documents and supporting materials related to the Jensen Settlement Agreement are available through the Minnesota Governor’s Council on Developmental Disabilities, which maintains public access to the case record and implementation history.
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