New Hampshire’s foster care system fails to meet federal guidelines for disabled teens, according to a new lawsuit.
The American Civil Liberties Union of New Hampshire alleges children ages 14 to 17 who are in custody with the New Hampshire’s Division for Children, Youth and Families (DCYF) and have a mental health disability are at risk of being placed in an institution, or congregate care facility rather than with family members or foster families.
The lawsuit claims that Governor Chris Sununu and members of his administration are responsible for “specific structural failures that are causing further harm to these young people once they are in the custody or under the supervision of DCYF, in violation of their federal rights,” and that “due to these systemic failures, as older youth with mental health disabilities move through New Hampshire’s foster care system, they suffer additional harms and risks of harm.”
“The physical, emotional, and mental harms associated with placement in congregate settings are well known and lead to tragic outcomes including homelessness, unemployment, incarceration, and a lack of educational attainment,” Shereen White, Senior Staff Attorney at Children’s Rights, a cosigner on the lawsuit, told InDepthNH.
Sununu called the lawsuit shameful in a statement.
“This lawsuit is led by Children’s Rights Incorporated – a special interest group, backed by Wall Street law firms, which preys on child protection programs across the country. While some states have issues they need to address, here in NH we have made more progressive reforms to our state’s child welfare system than any administration in history. My biggest disappointment lies with the ACLU-NH, NHLA, and the DRC-NH, who know of all the great reforms we have made. The Department of Health and Human Services has worked over the last four years to build productive relationships with these organizations while making great strides to care for our children. This New York based entity doesn’t care about our kids. They are looking for attention for themselves, and their legal maneuverings will bring our progressive reforms to a grinding halt. Shame on every single person associated with this effort.”
New Hampshire institutionalizes teens much more than other states. In 2019, more than 70 percent of New Hampshire teens aged 14 to 17 were placed in congregate care, far above the national average of 31 percent, according to the suit.
The complaint also alleges that the state is responsible for subjecting youth to high levels of placement instability.
In 2018 New Hampshire’s placement stability for teens in foster care for less than 12 months “averaged 14.4 moves per 1,000 days in foster care, which is more than three times higher than the national standard of 4.44 moves per 1,000 days,” the suit states. According to neuroscientists, these frequent moves have the ability to cause significant damage to the developing brain that can lead to the increased risk of behavioural disorders, and further placement instability.
Older teens who age out of foster care when they reach legal age are often left without permanent homes, are at risk of experiencing homelessness, and lack education.
Has your state failed to meet federal guidelines for teenagers in foster care? Share your experience in the comments below.
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One thought on ACLU Aims at New Hampshire’s Foster Care System
California foster care cut us off from support when we moved to Arizona and made arrangements for the Arizona foster care to do the home visits . The kids public defender lawyers held court order of seperation , we were not informed . We tried for years to file a complaint .