North Carolina foster care class action lawsuit overview:
- 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.
- Why: The children claim Gov. Cooper and the NCDHHS are responsible for a foster care system in “crisis.”
- Where: The class action lawsuit was filed in North Carolina federal court.
North Carolina Gov. Roy Cooper and the state’s Department of Health and Human Services are responsible for a state foster care system that has been operating “in a state of crisis” for years, a new class action lawsuit alleges.
A group of nine children claim Cooper and the NCDHHS failed to take “all reasonable efforts” to secure them a permanent home and foster familial association.
The children argue further that the state failed to protect them from “psychological and emotional harm” they say they suffered as a result of being shuttled between “temporary living arrangements.”
“The 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 Defendants’ custody,” the North Carolina class action claims.
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.
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 “disturbing frequency.”
“Caseworkers are not receiving adequate training or support, they cannot manage the crushing caseloads, morale is low, and turnover is outpacing recruitment,” the class action argues.
The children argue the NCDHHS, meanwhile, has ignored “numerous” warnings that its alleged failure to lead and supervise county departments of social services threatened the “safety and wellbeing” of foster children.
“The Defendants’ ongoing failures place foster children at significant risk of serious harm in violation of their rights under federal law and the U.S. Constitution,” the class action claims.
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.
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.
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.
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13 thoughts onNorth Carolina facing class action lawsuit over foster care system
My story is very similar my child has been removed from my home and ive nearly been forced to keep silent. No way it’s been nearly 2 weeks now and my daughter is still in foster care. Cumberland County DSS has came to my home and forcing me to literally give them my child. Since I refused they filed petition for removal in the Court I was giving a court date and I attended had I not known through family and friends I would of not been able to attend court on that day because they did not tell me when or why I was having court. Still I showed up without my child in the courtroom she was with a close family member while I attended court I was there to find out what why and how was it that my child is being removed from my home . The judge asked that my mother who was in the Court room to go get my child and bring her to the court so she did do that while me and the father was being detained in a a holding cell until my mother returned with my child to the courtroom and nearly held for contempt of court is what we were threatened with. After my mother entered the courtroom they brought me and the father back into the court while the judge made my mother present my very happy healthy clear to see child to the court and then made my mother release her over to DSS custody and we where detained also in handcuffs until she arrived with child in a timely manner she was to follow strick rules. That very next minute or two I was given no answer as to why my child has to be handed over in such cruel way. Not knowing where or what is going on with my child I’ve not been offered any services and even after not making a big deal about how my daughter was staying the night with my mother her grandma and was placed into a tsp. And I was told I couldn’t not return to pick up my daughter . So I did I showed up and this goes on into much more detail please legal advice needed I do not feel like this is right my rights have been violated and I’ve been giving no information in reguards to my 10 month old I want answers and I want my child back home . Due to not following protocol and failure to inform me that upon meeting with a DSS worker at my mother’s signed safe with a plan!! Also 2 parents were listed on this safety plan only 1parent which is me has been told to sign these papers safe with a plan and lock myself and my child in a room if dad gets violent or loud. And contact DSS or my mother or 911. By far I’m not locking us in a room if I had to do so I should not be there with my child and emergency action should of been taken if so please help me and my baby also her father who is much older than me who has no idea about what’s going on either other than to remain silent or else!!
The dept of social services just came and took my baby Friday on the 22nd of November without due process without offering any assistance whatsoever without trying to keep my child with me or even with family and put him in foster care because they denied every name and there was over 20 of them that I had gave them where the person had had no DSS case prior in their past they had no criminal history and they still denied them. I need guidance on what to do to get my child back and to pursue legal proceedings since mine and his constitutional rights and civil rights has been violated.