Filed Date: March 25, 1977
Closed Date: Feb. 1, 2006
Clearinghouse coding complete
In 1977 (and thereafter amended a number of times), the foster children of Jackson Missouri, represented by Children's Rights Inc., and Legal Aid of Western Missouri, filed a class action aimed at reforming the state's child welfare system. The federal complaint charges the Missouri Division of Family Services (DFS) with endangering the lives of children in state custody by failing to properly investigate and monitor foster homes that were found to be unsafe, unsanitary and unsupervised. Plaintiffs alleged that children were exposed to contagious diseases, deprived of medical and psychiatric care, subjected to physical and emotional abuse, and transferred between foster homes inappropriately and without adequate preparation. The action was brought under 42 U.S.C. § 1983, 42 U.S.C. §601 et. seq, and 42 U.S.C §1302.
We don't have the early parts of the docket sheet in this case, so do not know the ins and outs of the subsequent litigation. But in 1983, a settlement agreement was reached mandating top-to-bottom reform of the foster care system. In 1985, DFS sought a modification of the consent decree, which was countered by a contempt motion from the plaintiffs for state failure to implement court-ordered reforms. In 1992, a full trial was held in the U.S. District Court for the Western District of Missouri (Judge Dean Whipple) resulting in a finding of contempt due to a "lack of commitment to make a good faith effort." The court order called for defendants to increase budgets through state lobbying and directed defendants to transfer caseworkers to Jackson County to ease caseloads. G.L. v. Stangler, 873 F. Supp. 252 (W.D. Mo. 1994)
In response, a new settlement agreement was reached in 1994, following the assessments of an expert panel. The settlement mandated such improvements as training for foster parents and mandatory criminal history and child abuse checks for prospective foster families. In 1995, a monitoring plan was developed in addition to semi-annual compliance reports thereafter.
Based on defendants' substantial compliance with components of the consent decree, in 2000, the parties renegotiated the decree, allowing the state to exit from some provisions. On January 30, 2001, the court approved an Amended Decree and Operational Guide. The amended decree created a permanent community quality assurance committee, which was to take over system monitoring once DFS reached substantial compliance and exited from the decree.
Over the next ten years, with court oversight, DFS successfully implemented all of the reforms required by prior court order. On February 1, 2006, the court conditionally dismissed the case, court oversight officially ended, and the state agreed to keep in place until 2009 the policies, practices and staff positions created as a result of the lawsuit.
Summary Authors
Ariana Fink (10/25/2012)
Clark, Russell Gentry (Missouri)
Oliver, John Watkins (Missouri)
Whipple, Dean (Missouri)
Burns-Bucklew, Loretta E. (Missouri)
Dahlberg, Robin L. (New York)
Hansen, Christopher A. (New York)
Lambiase, Susan (New York)
Lowry, Marcia Robinson (New York)
O'Donnell, Thomas P. (Missouri)
Rich, Fred B. (Missouri)
Clark, Russell Gentry (Missouri)
Oliver, John Watkins (Missouri)
Whipple, Dean (Missouri)
Burns-Bucklew, Loretta E. (Missouri)
Dahlberg, Robin L. (New York)
Hansen, Christopher A. (New York)
Lambiase, Susan (New York)
Lowry, Marcia Robinson (New York)
O'Donnell, Thomas P. (Missouri)
Rich, Fred B. (Missouri)
Hawke, Nancie D. (Missouri)
Keller, Paul T. (Missouri)
Marmion, Angela S. (Missouri)
Presson, Robert L. (Missouri)
Agniel, Sheila (Missouri)
Lawrence, Harriet J. (Missouri)
Shapiro, Marilyn (Missouri)
Tharp, Donald R. (Missouri)
Wynes, Timothy Alan (Iowa)
Last updated July 24, 2022, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Missouri
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 25, 1977
Closing Date: Feb. 1, 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Children who have been placed in and continue to reside in Missouri foster care homes
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Missouri Division of Family Services, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1983 - 2006
Content of Injunction:
Goals (e.g., for hiring, admissions)
Follow recruitment, hiring, or promotion protocols
Issues
General:
Foster care (benefits, training)
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Crowding:
Medical/Mental Health:
Mental health care, unspecified
Type of Facility:
Benefit Source: