Case: Charlie and Nadine H. v. Corzine

2:99-cv-03678 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 4, 1999

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On August 4, 1999, a group of children in the legal and/or physical custody of the New Jersey Division of Youth and Family Services (DYFS) filed this lawsuit against the State of New Jersey and DYFS in the U.S. District Court for the District of New Jersey. Represented in part by Children's Rights, Inc., the plaintiffs alleged that DYFS failed to protect them from abuse, failed to provide them with services such as medical care, and failed to provide DYFS caseworkers with adequate resources and…

On August 4, 1999, a group of children in the legal and/or physical custody of the New Jersey Division of Youth and Family Services (DYFS) filed this lawsuit against the State of New Jersey and DYFS in the U.S. District Court for the District of New Jersey. Represented in part by Children's Rights, Inc., the plaintiffs alleged that DYFS failed to protect them from abuse, failed to provide them with services such as medical care, and failed to provide DYFS caseworkers with adequate resources and training. The plaintiffs claimed these actions violated federal common law and federal statutes. They named, in particular, the Adoption Assistance and Child Welfare Act of 1980, as amended by the Adoption and Safe Families Act of 1997, 42 U.S.C. §§ 620-27, 670-679; Multiethnic Placement Act of 1994, as amended by the Interethnic Adoption Provisions of 1996; Child Abuse Prevention and Treatment Act; Early and Periodic Screening, Diagnostic and Treatment Program, 42 U.S.C. § 1396 et seq; the Americans with Disabilities Act, 42 U.S.C. § 12131; and the Rehabilitation Act of 1974, 29 U.S.C. § 794. Additionally, the plaintiffs claimed that New Jersey and DYFS’s actions violated the Due Process clause of the Fourteenth Amendment and the rights to association, privacy and family integrity under the First and Ninth Amendments. With the complaint, the plaintiffs also moved for class certification.

On October 12, 1999, the defendants moved to dismiss the case for failure to state a claim. On January 27, 2000, U.S. District Judge Garrett E. Brown granted the motion with respect to the plaintiffs’ substantive due process cause of action. The court dismissed the substantive due process claim to the extent it was alleged on behalf of children who were voluntarily in state custody. The court held there was no substantive due process right to “not remain in state custody unnecessarily” or “to be housed in the least restrictive, most appropriate and family-like placement while in state custody.” The court also dismissed the plaintiffs’ cause of action under the Multiethnic Placement Act of 1994 because the plaintiffs failed to allege that they were denied the opportunity to become an adoptive or foster parent on the basis of race, color, or national origin.. The court denied the motion for all the other asserted causes of action, and noted that "[t]here [was] no term other than tragic to summarize the facts" alleged in this case. Charlie H. v. Whitman, 83 F. Supp. 2d 476 (D.N.J. 2000).

After some procedural wrangling, in October 2000, the plaintiffs submitted an amended complaint as well as a modified motion to certify class action. By March 2001, the plaintiffs moved for a preliminary injunction to prevent the defendants from conducting an audit of DYFS case records. The court then ordered the defendants to show cause why a preliminary injunction should not be entered. On June 28, 2001, the court again denied the plaintiffs' motion to certify class action, concluding that the plaintiffs’ class definition was overly broad. On July 30, 2001, the plaintiffs again filed a third motion for class certification, which the court granted on March 7, 2002. During this time, on September 28, 2001, the court denied the plaintiff's motion for preliminary injunction after determining that the plaintiffs failed to show irreparable harm and that injunctive relief was warranted. The parties proceeded towards trial and commenced discovery.

Meanwhile, on January 27, 2003, the New York Times and other newspapers moved to intervene in the case in order to modify the confidentiality orders. The court granted the motions in part for purposes of reporting to the public about the state of the child welfare system. Charlie H. v. Whitman, 213 F.R.D. 240 (D.N.J. 2003). The New York Times published a series of articles focused on the New Jersey child welfare system, including several pieces about the death of Faheem Williams, a seven-year-old boy whose case had been closed by DYFS even though there were outstanding issues of abuse.

Once discovery concluded, on February 27, 2003, the court entered an order referring the parties to mediation and appointed former New Jersey Supreme Court Justice Stewart G. Pollack. Through mediation, the parties reached a settlement agreement in July 2003. After a fairness hearing, the court approved the settlement agreement on September 2, 2003. Under the core principles that the foster care placements be as temporary an arrangement as possible, with its goal being to provide to children in out-of-home environment safe permanent placements, the settlement agreement mandated the creation of an expert panel (the New Jersey Child Welfare Panel) which was tasked to begin the planning process for improvements in the child welfare system and overall supervision and technical assistance during the 18 month period. The agreement also set out planning procedures, definition of improved outcomes for children, and review process. Areas of immediate mandates included securing funds ($14.3 million) to hire additional man power, conducting safety assessments, reviewing high-risk facilities individually, reviewing standards for licensing, reviewing hiring processes, among others. The agreement also mandated the appointment of a monitor.

On February 26, 2004, the plaintiffs moved to appoint a guardian ad litem on behalf of three class members, currently in DYFS custody, to protect their interests in any claims for damages they may have against DYFS. On April 5, 2004, after oral argument on this motion, the court denied the plaintiffs’ motion to appoint a guardian ad litem. The plaintiffs then moved for $150,000 in attorneys’ fees and expenses on September 27, 2004. The court granted that motion on November 5, 2004.

In October 2005, the court-appointed monitor found that the state was making "seriously inadequate progress" in implementing the terms of the settlement agreement. During this time, the Communication Workers of America, AFL-CIO (CWA) were granted leave to appear as amicus curiae.

After unsuccessful negotiations between the parties to improve progress levels, in December 2005, the plaintiffs moved to hold the defendants in contempt for noncompliance with the consent decree. However, the newly elected governor created a new cabinet-level children's agency and began new negotiations with the plaintiffs. As a result, the parties modified the settlement agreement in July 2006.

The modified settlement agreement provided for phased implementation. In Phase 1, lasting from July 2006 to December 2008, the state committed to working in collaboration with the Monitor to develop a case practice model that addresses issues of regular case planning, development of individualized service plans, and training for caseworkers. Among the increased services for youth are mental health services, services for lesbian, gay, bisexual, transgender and questioning youth, and regular medical examinations.

Phase II, from January 2009 until termination of the agreement, required completion of certain outcomes based on numerous indicators—e.g., that all children are safe from abuse and that siblings are placed together. The settlement provided for bi-annual reports by a monitor and established a dispute resolution process. Until November 2015, the monitor filed reports in accordance with the modified agreement.

On November 4, 2015, the second modified settlement agreement was entered. The 2015 agreement identified as areas to be achieved: timely and quality completion of investigations on alleged child abuse and neglect, timely execution of initial and subsequent family team meetings, proper needs assessment, timely and quality planning of cases, proper management of intake/adoption workers' caseloads, proper parent-child/siblings visitations, stable placements (with siblings, where possible), prevention of repeat maltreatment and re-entry to placement, timely discharge to permanent placement, provision of services to support transition and independent living assessment of older youth. The agreement stipulated that once defendants demonstrated compliance during a period longer than 12 months, the court would terminate its jurisdiction over the case. The first monitor’s report for the new agreement was filed in June 2016.

Enforcement of the settlement agreement is ongoing.

Summary Authors

Elizabeth Homan (12/16/2012)

Soojin Cha (7/3/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5709217/parties/h-v-murphy/


Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Chesler, Stanley R. (New Jersey)

Hughes, John J. (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

Burt, Jessica Ann (New Jersey)

Cooper, Marion B. (New Jersey)

Cullen, Patricia A. (New Jersey)

Halper, Jason E. (New Jersey)

Harris, David L. (New Jersey)

Johnson, Marion B. (New Jersey)

Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Chesler, Stanley R. (New Jersey)

Hughes, John J. (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

Burt, Jessica Ann (New Jersey)

Cooper, Marion B. (New Jersey)

Cullen, Patricia A. (New Jersey)

Halper, Jason E. (New Jersey)

Harris, David L. (New Jersey)

Johnson, Marion B. (New Jersey)

Lowry, Marcia Robinson (New York)

Rinschler, Joshua David (New Jersey)

Attorneys(s) for Defendant

Arnold, Christian A. (New Jersey)

Brand, Stefanie A. (New Jersey)

Carlton, Lauren F. (New Jersey)

Huber, Ann A. (New Jersey)

McCoach, Howard J. (New Jersey)

Miller, Jeffrey John (New Jersey)

Other Attorney(s)

PINARSKI, ANNMARIE (New Jersey)

Robinson, Donald A. (New Jersey)

Rosen, Bruce S. (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

H. v. McGreevey

June 2, 2016 Docket
30

Order

Charlie H. v. Whitman

83 F.Supp.2d 476

Jan. 27, 2000 Order/Opinion
64

Amended Complaint for Declaratory and Injunctive Relief

Charlie and Nadine H. v. Whitman

Sept. 29, 2000 Complaint
175

Memorandum Opinion

Charlie H. v. Whitman

213 F.R.D. 240

March 20, 2003 Order/Opinion
200

Order Approving Final Settlement of Class Action

H. v. McGreevey

Sept. 2, 2003 Order/Opinion
264

Modified Settlement Agreement

July 18, 2006 Settlement Agreement
278

Period One Monitoring Report

Feb. 26, 2007 Monitor/Expert/Receiver Report
279

Period Two Monitoring Report

Oct. 22, 2007 Monitor/Expert/Receiver Report
280

Period Three Monitoring Report

April 16, 2008 Monitor/Expert/Receiver Report

State Central Registry: An Assessment

July 30, 2008 Monitor/Expert/Receiver Report

Resources

Title Description External URL

NJ - Charlie & Nadine H. v. Christie

Children's Rights Organization

This website gives excellent background on this case. Aug. 14, 2015 http://www.childrensrights.org/class_action/new-jersey/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5709217/h-v-murphy/

Last updated May 20, 2022, 1:53 a.m.

ECF Number Description Date Link
1

COMPLAINT filed FILING FEE $150.00 RECEIPT #265788 (MS) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/04/1999)

Aug. 4, 1999
246

OPINION and ORDER granting in part and denying in part 229 Motion to Appear Amicus Curiae Signed by Judge Stanley R. Chesler on 12/22/2005. (ss, )

Dec. 22, 2005 RECAP

SUMMONS issued for CHRISTINE TODD WHITMAN, MICHELE K. GUHL, CHARLES VENTI (20 Days) (Handed to Counsel) (MS) (Entered: 08/04/1999)

Aug. 4, 1999
354

Substitute Party

1 Cover letter

View on PACER

2 Certification

View on PACER

3 Text of Proposed Order

View on PACER

July 5, 2018 PACER
2

NOTICE of Allocation and Assignment filed. Magistrate Judge Hughes (Trenton-Brown) (MS) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/04/1999)

Aug. 4, 1999
355

Notice of Appearance

July 10, 2018 PACER
3

Notice of MOTION for class certification by plaintiffs. Motion set for 10:00 9/7/99 on [3-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/05/1999)

Aug. 5, 1999
356

Order

July 11, 2018 PACER
4

RETURN OF SERVICE executed as to all defendants 8/4/99. Answer due on 8/24/99. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/10/1999)

Aug. 10, 1999
357

Status Report

July 25, 2018 RECAP
360

Status Report

June 19, 2019 RECAP
5

APPLICATION by ALL DEFENDANTS and Clerk's Order extending time to answer to 9/8/99. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
361

Status Conference

Jan. 23, 2020 PACER
6

Notice of MOTION for MARCIA ROBINSON LOWRY, SUSAN LAMBIASE, SHIRIM NOTHENBERG & ERIC THOMPSON to appear pro hac vice for plaintiffs. Motion set for 10:00 9/7/99 on [6-1] motion . (PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
362

Status Report

Jan. 31, 2020 RECAP
7

AFFIDAVIT of JEFFREY B. GRACER on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
8

AFFIDAVIT of MARCIA ROBINSON LOWRY on behalf pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999

Set/Reset Hearings

June 30, 2020 PACER
363

Status Conference

July 13, 2020 PACER
9

AFFIDAVIT of SUSAN LAMBIASE on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
10

AFFIDAVIT of ERIC THOMPSON on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
364

Status Report

July 16, 2020 RECAP
365

Notice (Other)

Aug. 18, 2020 PACER
11

AFFIDAVIT of SHIRIM NOTHENBERG on behalf pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)

Aug. 12, 1999
12

Notice of MOTION for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. Motion set for 10:00 10/4/99 on [12-1] motion . (PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)

Aug. 30, 1999
366

Status Conference

Jan. 27, 2021 PACER
367

Status Report

Feb. 9, 2021 RECAP
13

CERTIFICATION of STEFANIE A. BRAND on behalf of dfts in support Re: [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)

Aug. 30, 1999
14

CERTIFICATION of ALAN C. KESSLER on behalf of dfts in support Re: [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac for dfts. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)

Aug. 30, 1999
368

Status Conference

Aug. 4, 2021 PACER
369

Status Report

Aug. 16, 2021 RECAP
16

ORDER granting [6-1] motion for MARCIA ROBINSON LOWRY to appear pro hac vice for plaintiffs. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)

Aug. 31, 1999
17

ORDER granting [6-1] motion for SUSAN LAMBIASE to appear pro hac vice for plaintiffs, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)

Aug. 31, 1999

Telephone Conference

Aug. 31, 2021 PACER
370

Status Conference

March 22, 2022 PACER
18

ORDER granting [6-1] motion for ERIC THOMPSON to appear pro hac vice for plaintiffs, etc. (signed Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)

Aug. 31, 1999
371

Status Report

March 24, 2022 PACER
19

ORDER granting [6-1] motion for SHIRIM NOTHENBERG to appear pro hac vice for plaintiffs, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)

Aug. 31, 1999
20

Minute entry: Proceedings NOT recorded; Minutes of: 9/7/99; The following actions were taken, mooting [6-1] motion for MARCIA ROBINSON LOWRY, SUSAN LAMBIASE, SHIRIM NOTHENBERG & ERIC THOMPSON to appear pro hac vice for plaintiffs. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/10/1999)

Sept. 7, 1999
21

ORDER granting [12-1] motion for ALAN C. KESSLER to appear pro hac vice for dfts. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/24/1999)

Sept. 23, 1999
22

ORDER granting [12-1] motion for DANA B. KLINGES to appear pro hac vice for dfts. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/24/1999)

Sept. 23, 1999
24

Minute entry: Proceedings recorded by Ct-Reporter: Wright; Minutes of: 9/23/99; The following actions were taken; TELEPHONE CONFERENCE CALL: Hrn. set for 11/15/99 at 11:00 a.m. By Judge Garrett E. Brown, Jr. (lk) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/29/1999)

Sept. 23, 1999

Tele-conference held before Judge Garrett E. Brown, Jr. on 9/24/99. (femp) (Entered: 09/28/1999)

Sept. 24, 1999
23

SCHEDULING ORDER setting deadline for certain motion, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/28/1999)

Sept. 28, 1999
25

Substitute attorney for defendants; Terminated attorney JEFFREY JOHN MILLER; Added, STEFANIE A. BRAND (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/04/1999)

Oct. 4, 1999
26

Minute entry: Proceedings NOT recorded; Minutes of: 10/4/99; The following actions were taken, granting [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. By Mag. Judge John J. Hughes (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/07/1999)

Oct. 4, 1999
27

Notice of MOTION to dismiss by DEFENDANTS. Motion set for 10:00 11/15/99 on [27-1] motion . (Brief/PO Subm) (PER CHAMBERS) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/13/1999)

Oct. 12, 1999
28

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 11/15/99; The following actions were taken under advisement: [27-1] motion to dismiss. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 11/17/1999)

Nov. 15, 1999
29

OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/27/2000)

Jan. 27, 2000
30

ORDER granting in part, denying in part [27-1] motion to dismiss certain counts of pltfs' complaint; and setting telephone conference for 11:00 2/7/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/27/2000)

Jan. 27, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 2/8/00. (eh) (Entered: 02/09/2000)

Feb. 8, 2000
31

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 2/8/00; The following actions were taken, Tele-conference held. Briefing schedule set. Status conference call set for 1:00 2/24/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 02/09/2000)

Feb. 8, 2000
32

Notice of MOTION FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES or for certification of certain questions for interlocutory appeal by ALL PLAINTIFFS. Motion set for 10:00 3/6/00 on [32-1] motion, set for 10:00 3/6/00 on [32-2] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 02/10/2000)

Feb. 10, 2000
34

ORDER mooting [3-1] motion for class certification. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/08/2000)

March 8, 2000
35

DECLARATION of CHARLES M. HART on behalf of dfts in opposition Re: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, [32-2] motion for certification of certain questions for interlocutory appeal (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/13/2000)

March 10, 2000
36

DECLARATION of RICHARD O'GRADY on behalf of defendants in opposition Re: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, [32-2] motion for certification of certain questions for interlocutory appeal (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/20/2000)

March 20, 2000
37

Minute entry: Proceedings NOT recorded; Minutes of: 4/3/00; The following actions were taken under advisement: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, and [32-2] motion for certification of certain questions for interlocutory appeal. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 04/04/2000)

April 3, 2000
38

INTERIM CONFIDENTIALITY STIPULATION and ORDER. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)

May 11, 2000
39

MEMORANDUM OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)

May 11, 2000
40

ORDER denying [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES; denying [32-2] motion for certification of certain questions for interlocutory appeal; and setting telephone conference for 1:00 5/17/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)

May 11, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 5/18/00. (eh) Modified on 06/14/2000 (Entered: 05/18/2000)

May 18, 2000
41

ORDER, resetting answer due for 6/1/00 for ALL DEFENDANTS ; setting discovery schedule ; and setting telephone conference for 1:00 6/5/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/18/2000)

May 18, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 05/26/00. (SA) (Entered: 05/26/2000)

May 26, 2000
43

AMENDED SCHEDULING ORDER setting Teleconference 1:00 6/22/00; setting certain discovery deadlines (signed by Judge Garrett E. Brown, Jr.)(NM) (SA) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 05/26/2000)

May 26, 2000
44

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 5/26/00; The following actions were taken, Tele-conference held. Briefing scheule set. Hrn set for 6/22/00 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 05/30/2000)

May 26, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 5/26/00. (eh) (Entered: 05/30/2000)

May 26, 2000
45

ANSWER to Complaint by defendants. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 06/02/2000)

June 1, 2000
46

DECLARATION of RICHARD O'GRADY on behalf of dfts. in opposition to [42-1] motion to modify interim confidentiality order (femp) (Entered: 06/06/2000)

June 5, 2000
47

Notice of MOTION to strike as surplusage certain portions of [1-1] complaint by DEFENDANTS. Motion set for 10:00 7/17/00 on [47-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/06/2000)

June 6, 2000
48

ORDER, setting telephone conference for 1:00 6/22/00 ; extending time to repsond to [42-1] motion to modify the interim confidientiality order, and directing said motion will be considered on the papers. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/13/2000)

June 13, 2000
49

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 6/19/00; The following actions were taken, set scheduling conference for 1:00 6/29/00. [42-1] motion 7/17/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/21/2000)

June 19, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 6/29/00. (eh) (Entered: 06/29/2000)

June 29, 2000
50

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 6/29/00; The following actions were taken, Tele-conference held. , Status conference held. Pltfs' motion to add 2 new pltfs; to modify class action; modify interim confidentiality order. Motions ret'ble 7/17/00. Telephone conference set for 9:00 7/5/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/29/2000)

June 29, 2000
51

Notice of MOTION to intervene by SHARON K. Motion set for 10:00 9/5/00 on [51-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/10/2000)

July 6, 2000
52

Notice of MOTION to substitute two next friends by pltfs. Motion set for 10:00 9/5/00 on [52-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/10/2000)

July 6, 2000
53

CERTIFICATE OF SERVICE of Dfts's Reply Brief. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/11/2000)

July 11, 2000
54

TRANSCRIPT of telephone cnf taken on 7/5/00. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 07/14/2000)

July 14, 2000
55

Minute entry: Proceedings NOT recorded; Minutes of: 7/17/00; The following actions were taken under advisement: [42-1] motion to modify interim confidentiality order. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/17/2000)

July 17, 2000
56

CORRECTED CERTIFICATE OF SERVICE by dfts re: opposition to SHARON K.'s motion to intervene. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/24/2000)

July 20, 2000
57

DECLARATION of NANCY MCNEIL DRUM on behalf of dfts in opposition Re: [51-1] motion to intervene by SHARON K. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/24/2000)

July 20, 2000
58

ORDER denying [42-1] motion to modify interim confidentiality order as to modifications sought by pltfs. in paragraphs 3 and 7 and stating good cause exists for a protective order in this matter (signed by Judge Garrett E. Brown, Jr.)(nm) (ss) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/31/2000)

July 31, 2000
59

DEFICIENT MOTION filed by pltfs. to withdraw appearance of Shirin Nothenberg, Esq. as pro hac vice attorney . (NO Brief and return date) (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 08/22/2000)

Aug. 21, 2000
60

Minute entry: Proceedings NOT recorded; Minutes of: 9/5/00; The following actions were taken under advisement: [51-1] motion to intervene by SHARON K., and [52-1] motion to substitute two next friends. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/05/2000)

Sept. 5, 2000
61

MEMORANDUM OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/18/2000)

Sept. 18, 2000
62

ORDER granting in part, denying in part [47-1] motion to strike as surplusage certain portions of [1-1] complaint; granting [51-1] motion to intervene by SHARON K.; granting [52-1] motion to substitute two next friends; denying as moot [33-1] motion to certify class action; denying w/o prejudice as moot dfts' request for depositions; and setting telephone conference for 1:00 10/2/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/18/2000)

Sept. 18, 2000
63

Minute entry: Proceedings recorded: ESR: WRIGHT; Minutes of 10/3/00; This action taken: TELE-STATUS CONF. Telecnf set for 10/18/00 1PM. (By Judge Garrett E. Brown, Jr.) (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/04/2000)

Oct. 3, 2000
65

Notice of Second Modified MOTION to certify class action by ALL PLAINTIFFS. Motion set for 10:00 11/6/00 on [65-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/10/2000)

Oct. 4, 2000
64

AMENDED COMPLAINT by ALL PLAINTIFFS; amending [1-1] complaint (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/06/2000)

Oct. 6, 2000
66

ANSWER by defts. to amended complaint (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/18/2000)

Oct. 17, 2000
67

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 10/18/00; The following actions were taken, Tele-conference held. Status conference held. Dfts response to be served by 12/6/00. Pltfs reply by 12/20/00, motion ret'ble 1/2/01. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/20/2000)

Oct. 18, 2000

Tele-conference held before Judge Garrett E. Brown, Jr. on 10/18/00. (eh) (Entered: 10/20/2000)

Oct. 18, 2000
68

CONSENT ORDER granting [52-1] motion to substitute two next friends. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 11/01/2000)

Nov. 1, 2000
69

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 11/27/00; The following actions were taken, Tele-conference held. Hrn set for 1/24/01 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 11/28/2000)

Nov. 27, 2000
70

DECLARATION of NANCY MCNEIL on behalf of dfts in opposition Re: [65-1] motion to certify class action (SEALED) (eh) (Entered: 12/13/2000)

Dec. 13, 2000
71

CERTIFICATE OF SERVICE by dfts re: opposition to [65-1] motion. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 12/14/2000)

Dec. 14, 2000
72

CERTIFICATION of MARCIA ROBINSON LOWRY on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 01/09/2001)

Jan. 9, 2001
73

CERTIFICATION of SUSAN LAMBIASE on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 01/09/2001)

Jan. 9, 2001
74

CERTIFICATION of ERIC THOMPSON on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) (Entered: 01/09/2001)

Jan. 9, 2001

Tele-conference held before Judge Garrett E. Brown, Jr. on 1/19/1. (eh) (Entered: 01/22/2001)

Jan. 19, 2001
75

Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 1/19/1; The following actions were taken, Tele-conference held. Hrn adj to 1/31/1 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/22/2001)

Jan. 19, 2001

State / Territory: New Jersey

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 4, 1999

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children in the legal and/or physical custody of the New Jersey Division of Youth and Family Services (DYFS)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New Jersey, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to public accommodations - governmental

Adoption

Assault/abuse by staff

Classification / placement

Commitment procedure

Conditions of confinement

Counseling

Discharge & termination plans

Disciplinary procedures

Education

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Foster care (benefits, training)

Gay/lesbian/transgender

Incident/accident reporting & investigations

Individualized planning

Juveniles

Language access/needs

Neglect by staff

Parents (visitation, involvement)

Placement in mental health facilities

Placement in shelters

Relative caretakers

Siblings (visitation, placement)

Special education

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Totality of conditions

Visiting

Youth / Adult separation

Crowding:

Crowding / caseload

Benefit Source:

Adoption Assistance and Child Welfare Act