North Carolina foster care class action lawsuit overview:ย
- Who: A group of nine children filed a class action lawsuit against North Carolina Gov. Roy Cooper and the North Carolina Department of Health and Human Services, among other officials and entities.ย
- Why: The children claim Gov. Cooper and the NCDHHS are responsible for a foster care system in โcrisis.โย
- Where: The class action lawsuit was filed in North Carolina federal court.ย
North Carolina Gov. Roy Cooper and the stateโs Department of Health and Human Services are responsible for a state foster care system that has been operating โin a state of crisisโ for years, a new class action lawsuit alleges.ย
A group of nine children claim Cooper and the NCDHHS failed to take โall reasonable effortsโ to secure them a permanent home and foster familial association.ย
The children argue further that the state failed to protect them from โpsychological and emotional harmโ they say they suffered as a result of being shuttled between โtemporary living arrangements.โย
โThe named Plaintiffs and all of the members of the General Class have been, and are at risk of being, deprived of the right to familial association and reasonable protection from psychological and emotional harm while in Defendantsโ custody,โ the North Carolina class action claims.ย
The children want to represent a class of at least 11,000 children who are in the legal and/or physical custody of county departments of social services and/or with whom the NCDHHS has a special relationship.
The children also want to represent a class of children for whom the NCDHHS has or will have a legal responsibility and/or a special relationship in the context of the children protection system, and a subclass of children who have or will have emotional, cognitive, psychological or physical disabilities.ย
North Carolina children placed in institutions at twice national average, class action claims
Children in the state of North Carolina are placed into institutions at twice the national average, according to the class action, which alleges the children are shuttled between placements with โdisturbing frequency.โย
โCaseworkers are not receiving adequate training or support, they cannot manage the crushing caseloads, morale is low, and turnover is outpacing recruitment,โ the class action argues.ย
The children argue the NCDHHS, meanwhile, has ignored โnumerousโ warnings that its alleged failure to lead and supervise county departments of social services threatened the โsafety and wellbeingโ of foster children.ย
โThe Defendantsโ ongoing failures place foster children at significant risk of serious harm in violation of their rights under federal law and the U.S. Constitution,โ the class action claims.ย
The children claim the defendants are guilty of violating, among other things, the First, Ninth and Fourteenth Amendments to the U.S. Constitution, the Adoption Assistance and Child Welfare Act of 1980, the Americans with Disabilities Act and the Rehabilitation Act.ย
In a past case involving foster care, the American Civil Liberties Union of New Hampshire filed a lawsuit against the New Hampshire foster care system in January 2021 over claims it failed to meet federal guidelines for disabled teens.ย
Have you ever been in the foster care system in the state of North Carolina? Let us know in the comments.
The plaintiffs are represented by Christopher J. Blake and D. Martin Warf of Nelson Mullins Riley & Scarborough LLP and Marcia Robinson Lowry, David Baloche, Laura Welikson and Robyn Goldberg of A Better Childhood.
The North Carolina foster care class action lawsuit is C, et al. v. Cooper, at al., Case No. 3:24-cv-00783, in the U.S. District Court for the Western District of North Carolina.
Donโt Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
9 thoughts onNorth Carolina facing class action lawsuit over foster care system
My granddaughter was medically kidnapped in February 2022, and her father (my son) was falsely accused of neglect/abuse. Although we have an exculpatory medical opinion that exposes medical malpractice and a failure to โdo no harmโ, the corrupt lawyers and judges in the โfamilyโ court system are still withholding this nearly 3-year old child from her birth parents. The father cannot even get supervised visitation and hasnโt seen his daughter in 2.5 years. The corruption within CPS and collusion with so-called Child Abuse Pediatricians at NCโs Childrenโs Hospitals is criminal. Local and state elected officials are either complacent or complicit and refuse to intervene. Thank you for exposing this critical issue!
Iโm curious if this was Brennerโs children hospital and Elizabeth Goodman? My grandchildren have also been medically kidnapped and this is who started it for us. Along with the help of Guilford county CPS and Judge Angela Foster and her puppets. Weโve been fighting for 4 years next month. TPR trial is Oct 1st.
My grandchildren were judicially systematically kidnapped by The Foster care system where absolutely no reasonable efforts were ever made and alienation of any in our family contact was of most utmost importance to the state of Wisconsin
My children got taken hd to fight over 2 yrs to be found nor guilty and found no judge didnt sign no papers until 2 weeks later and found they lie about things in court then 2 of my daughters have had mental problems sinceโฆ whats even worst they admited what they doneโฆ
My cousins 3 kids were taken a few years back. Placed in foster care. The ladys have 2 cause 1 has assures and needed different care. He is with family. But my self as well as other family attemted to get them. All told no. They would not allow any of us on the mothers side to have contact. Even if we complied with rules of not allowing the parents around. My great aunt is the most loving honest sweet person ive ever met. She has all there Christmas gifts birthday Easter and all in between presents still due to the foster moms never even returning her text and calls. The kids mom recently passed . These babies deserve to know where they come from. The second oldest was best friends with my youngest and he was at my house all throughout day. My daughter was almost 2 he was 5 and she would cry so much cause she missed him. The youngest was to little and knows nothing more. The oldest is with his grandfather thriving and regulated on meds. And still allowed to be in our lives. This is ongoing and they take children and the families should always be considered first. And in situation where they canโt be adopted by family but family still wants to be active and in there lives should not be ignored and treated like crap like they r cast out . Something needs to change and I understand some situation the family us toxic to the children but not all. They deserve to know where they came from and to have as much love as possible cause todayโs world is to much evil and depression and meanness. They need all the love they can get to help them for the real world. Maybe more resources for families so they r not placed so quickly outside of that. Then they would have more room in system for ones that need it. Just saying. Those babies r the future. The system is setting them and future up for failure.
My 4 grandchildren were taken by Catawba County DSS/CPS in 2013. I had an approved Home Study by Davidson County and was still refused placement. I hired an attorney to fight for them and still was denied. I was told that I could not have any contact with them at all. I attended every hearing with my daughter. I watched as the CPS attorney and GAL lied, berated and abused my daughter during the hearing by the lies. They allowed the childrenโs father (who was in prison) to have as much contact with my grandchildren as he desired. One of my granddaughters has Cerebral Palsy and she did not get any treatment or help from the state or while in foster care. My grandchildren were placed in many foster homes and later adopted. There were other family members who attempted to get placement and were denied by Catawba County CPS. I had NO idea, throughout the years, of my grandchildrenโs well being or anything about them. Catawba County went so far as to bring FRIVOLOUS felony charges against me so that I would have a criminal record and could not get my grandchildren placed with me. I feel my grandchildren were not only Emotionally abused but also Psychologically abused, Mentally abused, and possibly even Physically abused.
Iโm brother and sister were put in the foster care unritefully and my lil brother died while under there supervision and I want my sister back home before something happens to. Her too
My 2 grandkids are in Foster Care now, There were taken in 2018, The family members wanted them back and we fought for a year the judge ordered the aunt custody if she passed the home study and the workers told her she did but CPS didnโt show up to court and we could never get the next court date. We would love to have them back but didnโt have money to pay am attorney but I wrote the governor, the DHHS in Raleigh, nobody would help, before they were taken we were told that we would get custody of they were taken.
My grandson is in foster care now, his mother and I want him home.