06:56 PM MDT on Friday, April 23, 2004

Associated Press

BOISE -- A federal appellate court Friday rejected the state of Idaho's bid to escape compliance with agreements it has made to provide services to thousands of poor children with severe emotional or mental disabilities.

In a unanimous ruling, the three-judge panel of the Ninth U-S Circuit Court of Appeals held that the deals the state agreed to are still enforceable even if they call for services at a level above the minimum required by the U-S Constitution.

Governor Dirk Kempthorne expressed disappointment. He claimed the court failed to see the commitment the state has made in recent years to meeting the needs of those eight thousand children.

But Howard Beladoff -- who represents the children and their families -- says the state has failed miserably over two decades in serving the mentally and emotionally disabled.

He agrees with the appellate court that there has been too much negotiation with the state.

And he's ready to demand enforcement of the existing agreement -- even if that means asking the court to hold Kempthorne in contempt.