already are we talking about how large is a class of readers number in the record the class is estimated of people who are eligible for services and want to get out and about sixty five percent of whether it was d c s failure to provide transition assistance to our last members that contributed to their risk of institutionalization not that it was the sole cause the quick provided no support for the concrete for one of the sub classes that had the assessment of the segments of class that class only d c was only assessing those kids twenty percent of the time in a timely way so that meant that if you were in the lucky eighty percent you make you might have gotten your assessment timely but for twenty percent of the kids they weren't and so you just hope that you didn't fall into that category the same is true for the class the brown class but that there are six components to transition assistance and one of the first one of those is to provide an assessment of the soonest upon a mission and many times many intervals after that the court found that this concept of transition assistance was sufficiently definite to warrant a classification and at this point whereas with the district court has done is because she shifted the analysis to showing that any one piece of this is the six components was so broken is that that's the real reason the class is stuck and that's not supported by all state case law on stick his last show is that if a person if if a class of people can show that they are eligible for services they desire to get those services and that the government entity can reasonably accommodate their need for services in the community the district has to do they have to act they have to take she gets to when the quote got to twenty sixteen acquit me no findings about whether or not it was an effective allstate plan what she said was the plaintiffs have not proven that there was a deficiency that would if corrected will result in the d l the point that this quit made in detail that if with the assessment because again if the parents are not cooperating with consent that goes to whether or not this is in compliance with an injunction doesn't go into whether or not there is a problem and need for  the resources of the sun aging to the number of people who want help to get out it could provide for the elimination of a number of concrete policies that d c has more decent than refuses to serve people in the first ninety days in the nursing home but in their policy their policy page six there are three sixty seven in the joint and it explicitly says that the first ninety days is where most people will lose their housing so d c is exacerbat the risk of institutionalization with that policy d c has other cities where they do you think where they have not the only comprehensive assessment of the need of the whole class they don't they did one assessment over the course of litigation of seven hundred four people that's roughly a quarter of the overall group of people in nursing facilities but even that assessment found that sixty five percent of the people to the class small amounts of people have gotten out it's we've proven during the course of this litigation that the provision of transition services will help if you provide it at the  it she said that is a challenge that's not difficult but there is no place to go how can we look at but the part of the end you see in the six elements of transition services are several parts of those components bill to helping people to find housing not everybody in this class does not have a have housing and obviously because many people have transition to the community during the course of the kids understand in years not everybody needs public housing they need financial help to go back to their sister's house or their daughter's house or something or apartment by them selves yes that is true and it's true  there are many people who have they have houses well i mean we've got the point the point that there is a huge demand on public housing thousands and thousands of people doesn't mean that there aren't members of this class who if they get this transition assistance could get into community based living which is their right that is exactly right for class decertification was filed by your client should be granted in the certified the class and therefore since class relief was the only relief being sought the judgment for the defendant you agree that that's what happened the class failed to prove its case because it did not show it entitlement to class or the classroom it was the only thing that class asked for they community didn't sound like you agree with me but the district court decided read the pinion found that commonality under twenty three eighty two was not met c inadequate training mission services the group were being provided by the district and that was the common question that that question didn't really have a common answer part of what the district court found in the first part of what the district court found was that at no point in the profusion of transition assistance was the district failing to provide it so the district court look court didn't start with what you're saying it started with that started with the fact that so that housing was the real problem here that was the first finding of the district  housing is a problem and it's one of the reasons that class members faced barriers that are not within their districts control the reason the district court found that class members were not actually shines visioning were sort of  a cluster of individualized barriers which was not part of the district's sort of systemic provision of transition assistance so absolutely housing is a barrier that the district solve and the district said barrett the district court said they're for an injunction that i would enter about transition assistance wouldn't solve class wide segregation it would provide sort of  a class wide do you segregation at all as two twenty three b to find credible we're talking about twenty three eight the district courts twenty three eighty two finding was that there was no systemic problems in the district's probation or transition assistance and the way the court did that makes lot of sense she looked at each component the class and put forward and with respect to each she found there was no system issues problems with that claim the first is that the class definition here begins after the ninety day mark the class has long conducted its case as a class  at the point of ninety days become stuck so it's not at all clear how the classes sit in relief for people who are not in the class notwithstanding that as the district points out it's free we do provide transition assistance prior to the ninety days is simply that at the district court everyone agreed that ninety days was a pretty good benchmark for people who might need transition assistance which is the class class doesn't what they were hired to do therefore is defined in their complaint what they thought the problem was and they said the problem is the district fails to provide average the district fails to provide information to people the district fails to track people through the system these are the failures they set out to prove they've failed categorically to prove any of those deficiencies wouldn't solve the problem which is that there is no housing and what appellants are saying is that that's really asking the question it's not whether if the destr provided better than crappy transition services everybody would get housing it would be that if they provided better than crappy transition services they would lease of a by the chance of getting hous the district was providing the very transition assistance the class alleged that the district failed to do that's all that's required here this report did go further she said if any  to that problem because they didn't prove that it district was actually doing anything wrong the reason the district court found that people were not transitioning out was not due to the district's transition assistance at all rather there were numerous individual ised barriers that were preventing that transition from happening so fast wide relief which is the question here can they maintain a class action with the district court so they they can think we have the option of ordering the class to be d because the class failed to prove its case by definition the class is decertified it's it's not you know the district course judgment is exactly district where sat in the class so just to start with the district court did not find that the defendant's performance was satisfactory far from adequate identify problems with a connecting people with home health agencies helping people to get documentation if the court will identify the whole category of things which it said were things that are kind of in a missile in his character of things but the simple fact is the things that were identified are all things that will be sold with that effective system of transition service housing two apartments because he was unable to connect a home care workers at the nets squarely the responsibility of the d c medicaid agency to make sure they have adequate capacity to serve the people who are coming out of nursing facilities and the but they are not providing transitional services to all of the class members and that is the obligation when when the class members are by definition being discriminated against by that by as as frequent as the fin because it unnecessarily institutionalized that unjustified segregation is not due to the fact that they're homeless it is due to the fact that they have a disability want to get help and are eligible for community services is this is an obligation to build that bridge from the nursing facility to the available services that it has and if it doesn't do that that is the by omission the problem is a court wanted us to look at this so granularly but it's a system transition services a barrier that easy can point to at a visit rates the whole allstate integration mandate because all you have to do is do nothing about housing and you now are absolved of responsibility experience of our class members has been that when people did get transition assistance they had a better shot at finding housing connecting to services and moving to the community so the answer your answer to  when people come into a nursing facility and periodically thereafter providing information to people so that they can start understanding how they could maybe self advocate to find their own services and housing and then discharge planning that commences upon level of assistance and then also identification of services and helping to arrange them because these are people who are who have lived you know for almost a decade in a nursing facility they're not able to go navigate this very complex administrative system and finally assistance in applying in and rolling with available you know beverly funded waivers that we pay for the services none of this is a guaranteed that people will get out but it does give them a better opportunity and it gets them into a state of readiness so that when housing does come up for people a family member does i think do want to bring them back they can't be sitting there waiting for another year for all these other pieces to be put in place and that no we're saying that she's analyzed the concept of transit services improperly because she's looking at it in such a way that we knew that she was the find the one thing that is the true reason people are stuck what she says your honor is that she's there we did not prove that any one piece of this was so broken that that one piece is the real reason people are institutionalized what we're saying is they think this is a suite of services that if deal assessment class we're getting assessed on time and that left twenty percent that were not and that was sufficiently creek to be to tie them to be the glue that held that class together what we're saying is there's a huge number of class members they are getting nothing and they need not just they need not just a one service he wants or is there any of the suite of services or else they are not going to be able to get out of nursing facilities let me ask you about your propos john because as for quite detailed parts it seems to me that part two is really the only one that is tied to housing are the words by your four  hundred percent of cost numbers i don't know if there's anything in the record that says that that's just an impossible benchmark but if you take out  that is transitioned these class members and so that they're finally down to a very small number you take that out you're still left with the first working system of transition  which has a through age services that that are required to be given and there were to assist even if there's no housing available to all class members if they are aware of it and have help with home care or whatever they have a home member and you know family member says i can take my mother if i can have a nurse there during the day when i'm working and so forth and then the  part three and four are reporting requirements so interim tree trail and other words it's not it's not just there's not enough public housing or there's no public housing there are all sorts of permitted preliminary things access to these and the opportunity yes to try to find housing on your own if public housing is unavailable that's correct that's correct and there are a number of housing resources in the community but to your point i don't think the benchmarks we've all we always indicated to the court that the measure of what you're asking for is that the transition of class members under the various government programs the medicaid program for people who are of the e waiver the money follows the person program and the medicaid state player you see a program and then you've got in another long term community based care programs available in the district it doesn't say provided by the district and date of what are you so there are some examples like church break for the city church organizations you know that's so