Case: K.J. v. N.J. Dep't of Youth and Family Services

1:04-cv-03553 | U.S. District Court for the District of New Jersey

Filed Date: May 26, 2004

Closed Date: Nov. 29, 2015

Clearinghouse coding complete

Case Summary

This action, filed on May 26, 2004 in the U.S. District Court for the District of New Jersey, was brought by three adopted children placed in an abusive and neglectful home by the New Jersey Division of Youth and Family Services (DYFS). The plaintiffs were represented by private counsel and Children's Rights, Inc.; they sought compensatory and punitive damages, claiming that the state violated their federal and state civil rights by placing them in a foster-turned-adoptive home (approved and mo…

This action, filed on May 26, 2004 in the U.S. District Court for the District of New Jersey, was brought by three adopted children placed in an abusive and neglectful home by the New Jersey Division of Youth and Family Services (DYFS). The plaintiffs were represented by private counsel and Children's Rights, Inc.; they sought compensatory and punitive damages, claiming that the state violated their federal and state civil rights by placing them in a foster-turned-adoptive home (approved and monitored by the DYFS) that systematically starved and otherwise neglected them. Not long after the case was filed, a guardian ad litem from Children's Rights was named for the plaintiffs.

In 2003, B.J. (the plaintiffs' oldest brother) was found looking for food in his neighbor's trash. B.J. was 19 years old but weighed only 45 pounds. Shortly thereafter, the police entered his home and discovered 3 other adopted boys, the plaintiffs in this case, all of whom were extremely underdeveloped (K.J., age 14, weighed 40 pounds; T.J., age 10, weighed 28 pounds; M.J., age 9, weighed 23 pounds). Upon the police's discovery, DYFS removed the plaintiffs from the home that day. (note: the DYFS had visited the home over 38 times within the past 4 years and were aware of the plaintiffs' living conditions)

The complaint alleged that the defendants, having placed the plaintiffs in their foster care custody, had a special relationship with the plaintiffs that imposed upon the state an affirmative duty to care for and protect the plaintiffs from harm; that the defendants failed to adequately screen, approve, and monitor the foster home in order to ensure the plaintiffs' safety and welfare, despite the repeated signs and observations indicating that the plaintiffs were not receiving adequate care; that the acts and omissions of the defendants were a substantial departure from the exercise of reasonable professional standard and amounted to deliberate indifference to the plaintiffs' welfare; that the defendants did not adequately train or supervise employees handling such cases; that the defendants' conduct placed the plaintiffs in state-created dangers; that the defendants failed to regularly visit the plaintiffs; that the defendants failed to conduct a pre-adoptive and post-adoptive home study; that the defendants failed to investigate suspected child abuse reports regarding the plaintiffs; and that the defendants discriminated against the plaintiffs on the basis of their perceived handicaps. All this, the plaintiffs said, violated federal Substantive Due Process and Procedural Due Process, state Substantive Due Process and Procedural Due Process, the state's Violation of Child Placement Bill of Rights Act, the state's Tort Claims Act, the state's Law Against Discrimination, and various state adoption and regulation laws.

The requested relief included compensatory damages, punitive damages, reasonable attorneys' fees and costs, and prejudgment interest.

On April 6, 2005, the court denied the defendants' Motion to Dismiss with respect to counts under Section 1983, the New Jersey Child Placement Bill of Rights, and the New Jersey Tort Claims Act. However, plaintiffs' counts under the New Jersey Constitution, the New Jersey statutes and regulations, and the Law Against Discrimination were dismissed for failure to state a claim.

The parties reached a settlement agreement on September 30, 2005, awarding a sum of $7,500,000 to the plaintiffs, without any admission of liability by any party. The settlement amount was inclusive of attorneys' fees. The settlement also ensured that the guardian ad litem (GAL) would attempt to obtain educational services from the children's local school districts for the plaintiffs (including 10 hours per month of cognitive remediation therapy, 1 hour per week of vocational therapy, 1 hour per week of occupational therapy, and 4 hours per week of one-on-one academic tutoring), and that until the plaintiffs exited the custody of DYFS, the state would provide the GAL, on a bi-monthly basis, with updated records regarding each plaintiff. The defendants also agreed to provide each plaintiff with a Medicaid card entitling them to benefits under Medicaid "Family Care Plan A," from the date of the settlement agreement to the date each plaintiff reaches age 21, and to waive any and all Medicare liens. The court approved this settlement in its entirety on November 30, 2005.

While the settlement agreement was pending in early November, B.J., the oldest brother who was not a party to the case, filed a Motion to Intervene. The Motion was granted in mid-November. On November 29, 2005, the court approved the settlement B.J. and the state reached in mid-November, which awarded B.J. a sum of $5,000,000, continued his medical care via Medicaid, and in which the state waived any and all Medicaid liens. The plaintiff's attorney fees were also waived, though the costs were not.

Summary Authors

Alice Liu (10/26/2012)

People


Judge(s)

Brotman, Stanley Seymour (New Jersey)

Freeman, Ronald J. (New Jersey)

Rosen, Joel B. (New Jersey)

Schneider, Joel (New Jersey)

Attorneys(s) for Plaintiff

Bazelon, Richard (New Jersey)

Dunnigan, Kathleen (New Jersey)

Emery, Richard D. (New York)

Hecker, Eric (New York)

KUDATZKY, STEVEN K. (New Jersey)

Attorneys(s) for Defendant

Harris, James D. (New Jersey)

Judge(s)

Brotman, Stanley Seymour (New Jersey)

Freeman, Ronald J. (New Jersey)

Rosen, Joel B. (New Jersey)

Schneider, Joel (New Jersey)

Attorneys(s) for Plaintiff

Bazelon, Richard (New Jersey)

Dunnigan, Kathleen (New Jersey)

Emery, Richard D. (New York)

Hecker, Eric (New York)

KUDATZKY, STEVEN K. (New Jersey)

Attorneys(s) for Defendant

Harris, James D. (New Jersey)

Harvey, Peter C. (New Jersey)

Jordan, Karen L. (New Jersey)

McCoach, Howard J. (New Jersey)

Other Attorney(s)

CRITCHLEY, MICHAEL D. (New Jersey)

Tambussi, William (New Jersey)

Documents in the Clearinghouse

Document

1:04-cv-03553

Docket [PACER]

K.J. v. Division of Youth and Family Services

Sept. 21, 2011

Sept. 21, 2011

Docket
38-5

1:04-cv-03553

03-00195

Order

K.J., T.J., M.J. v. DYFS

Dec. 24, 2003

Dec. 24, 2003

Order/Opinion

1:04-cv-03553

Complaint and Jury Demand

K.J., T.J., M.J. v. DYFS

May 26, 2004

May 26, 2004

Complaint
32

1:04-cv-03553

Opinion on Motion to Dismiss Under Rule 12(b)(6)

K.J., T.J., M.J. v. DYFS

363 F.Supp.2d 728

April 6, 2005

April 6, 2005

Order/Opinion
38-3

1:04-cv-03553

Complaint and Jury Demand

K.J., T.J., M.J. v. DYFS

Nov. 9, 2005

Nov. 9, 2005

Complaint
38-2

1:04-cv-03553

Certification of Michael Critchley, ESQ.

K.J., T.J., M.J. v. DYFS

Nov. 9, 2005

Nov. 9, 2005

Declaration/Affidavit
46-1

1:04-cv-03553

Settlement Agreement

K.J., T.J., M.J. v. DYFS

Nov. 29, 2005

Nov. 29, 2005

Settlement Agreement
47

1:04-cv-03553

Order Approving Settlement Agreement and Authorizing Distributions (Containing both injunctive and monetary terms)

K.J., T.J., M.J. v. DYFS

Nov. 30, 2005

Nov. 30, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI from CAMDEN COUNTY SUPERIOR COURT with the following state court proceedings annexed a)complaint,etc., case number CAM−L−2895−04. (Filing fee $ 150 receipt number 301283) (Attachments: # 1 Cert of Service# 2 Complaint# 3 Certification, etc.# 4 Preliminary Report Part 1# 5 Preliminary Report Part 2# 6 Summons &Letters)(TH, ) Additional attachment(s) added on 7/30/2004 (TH, ). (Entered: 07/30/2004)

July 23, 2004

July 23, 2004

COMPLAINT against PATRICIA BALASCO−BARR, DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, DORIS JONES, MANAGERIAL DOES 1−10, STATE OF NEW JERSEY, CHARLES VENTI Jury Demand, filed by K.J., MARCIA ROBINSON LOWRY, M.J., T.J. in Camden County Superior Court on 5/26/04(see document #1).(TH, ) (Entered: 07/30/2004)

July 23, 2004

July 23, 2004

2

NOTICE OF RELATED CASE by K.J., MARCIA ROBINSON LOWRY, M.J., T.J. (TH, ) (Entered: 07/30/2004)

July 23, 2004

July 23, 2004

3

ORDER Initial Conference set for 10/6/2004 10:30 AM before Magistrate Judge Joel B. Rosen.. Signed by Judge Joel B. Rosen on 7/30/04. (TH, ) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

4

NOTICE by MARCIA ROBINSON LOWRY Notice of Objections to Allocation and Assignment (KUDATZKY, STEVEN) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

5

MOTION to Vacate the June 17, 2004 Order of New Jersey Superior Court Judge John A. Fratto by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI. (Attachments: # 1 Brief # 2 Exhibit # 3 Affidavit # 4 Cert of Serv# 5 Text of Proposed Order)(sb) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

6

RESPONSE TO OBJECTION TO ALLOCATION AND ASSIGNMENT by defendants Division of Youth and Family Services, Department of Human Services, State of New Jersey, Patricia Balasco−Barr, Michelle Guhl, Charles Venti, and Doris Jones. (sb) (Entered: 08/06/2004)

Aug. 5, 2004

Aug. 5, 2004

Setting return date as to 5 MOTION to Vacate for 9/3/2004 before Judge Stanley S. Brotman. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 08/24/2004)

Aug. 5, 2004

Aug. 5, 2004

7

CERTIFICATE OF SERVICE by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI re 5 MOTION to Vacate. (sb) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

8

MOTION for Extension of Time to File Answer by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI. (Attachments: # 1 Statement # 2 Affidavit # 3 Text of Proposed Order)(sb) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

Setting return date as to 8 MOTION for Extension of Time to File Answer for 9/3/2004 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

10

ORDER granting 8 Motion for extension of time and 9 Application to extend time to answer filed by STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES, CHARLES VENTI, MICHELE GUHL.Signed by Judge Stanley S. Brotman on 8/11/04. (sb) Modified on 8/13/2004 (sb). (Entered: 08/11/2004)

Aug. 11, 2004

Aug. 11, 2004

11

LETTER APPLICATION for leave to submit brief having a length of 60 pages by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI. (sb) (Entered: 08/11/2004)

Aug. 11, 2004

Aug. 11, 2004

12

ORDER granting 11 Letter Application to submit a brief having a length of 60 pages filed by STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES, CHARLES VENTI, MICHELE GUHL. Signed by Judge Stanley S. Brotman on 8/11/04. (sb) (Entered: 08/12/2004)

Aug. 11, 2004

Aug. 11, 2004

13

ORDERED that the application of plaintiffs for reallocation and reassignment of this matter is denied. Signed by Judge John W. Bissell on 8/12/04. (sb) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

14

BRIEF in Opposition re 5 MOTION to Vacate filed by MARCIA ROBINSON LOWRY. (KUDATZKY, STEVEN) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

15

AFFIDAVIT in Opposition re 5 MOTION to Vacate filed by MARCIA ROBINSON LOWRY. (KUDATZKY, STEVEN) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

16

AFFIDAVIT in Opposition re 5 MOTION to Vacate AFF OF STEVEN KUDATZKY IN OPPOSITION TO DEFENDANTS MOTION TO VACATE filed by MARCIA ROBINSON LOWRY. (KUDATZKY, STEVEN) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

CLERK'S OFFICE QUALITY CONTROL MESSAGE: The #10 Order granting #8 motion for extension of time to answer; grants extension to 9/3/2004 (per SSB). (sa, ) (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

17

REPLY to Response to Motion re 5 MOTION to Vacate filed by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI. (HARRIS, JAMES) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

18

MOTION to Dismiss for failure to state a claim by DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, STATE OF NEW JERSEY, CHARLES VENTI. (Attachments: # 1 Text of Proposed Order # 2 Brief # 3 Brief cont.)(sb) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

Setting return date as to 18 MOTION to Dismiss for failure to state a claim for 10/1/2004 before Judge Stanley S. Brotman. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

19

ORDER permitting Richard Emery and Eric Hecker, Esquires to appear pro hac vice on behalf of plaintiffs. Signed by Judge Joel B. Rosen on 8/31/04. (sb) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

20

Certification of Steven Kudatzky on behalf of K.J., MARCIA ROBINSON LOWRY, M.J., T.J. supporting pro hac vice admission of Richard Emery and Eric Hecker. (Attachments: # 1 Declaration of Richard Emery# 2 Declaration of Eric Hecker)(sb) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

21

STIPULATION re 5 MOTION to Vacate by STATE OF NEW JERSEY. (JORDAN, KAREN) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

22

PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 10/6/04. (sb) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Scheduling Conference held on 10/6/2004. (bb, ) (Entered: 10/07/2004)

Oct. 6, 2004

Oct. 6, 2004

24

AMENDED SCHEDULING ORDER: Settlement Conference set for 12/8/2004 02:00 PM before Magistrate Judge Joel B. Rosen.Signed by Judge Joel B. Rosen on 10/7/04. (sb) (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference by phone held on 10/13/2004. (bb, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

Reset Deadlines as to 18 MOTION to Dismiss. Motion Hearing set for 12/3/2004 09:30 AM before Judge Stanley S. Brotman. (sa, ) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

NOTICE of Hearing on Motion 18 MOTION to Dismiss:Motion Hearing set for ORAL ARGUMENT ON 12/8/2004 10:00 AM in Camden − Courtroom 5A before Judge Stanley S. Brotman. (sa, ) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

AMENDED NOTICE of Hearing FOR ORAL ARGUMENT on Motion 18 MOTION to Dismiss: Motion Hearing set for 12/3/2004 10:00 AM in Camden − Courtroom 5A before Judge Stanley S. Brotman. (sa, ) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

25

AMENDED PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 10/25/04. (MB, ) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 10/29/2004. (bb, ) (Entered: 11/01/2004)

Oct. 29, 2004

Oct. 29, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 11/3/2004. (bb−sl, ) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

26

BRIEF in Opposition re 18 MOTION to Dismiss filed by MARCIA ROBINSON LOWRY. (KUDATZKY, STEVEN) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

27

REPLY to Response to Motion re 18 MOTION to Dismiss filed by PATRICIA BALASCO−BARR, DEPARTMENT OF HUMAN SERVICES, DIVISION OF YOUTH AND FAMILY SERVICES, MICHELE GUHL, DORIS JONES, STATE OF NEW JERSEY, CHARLES VENTI. (Attachments: # 1 Certificate of Service)(JORDAN, KAREN) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

28

Minute Entry for proceedings held before Judge Stanley S. Brotman : Motion Hearing held on 12/3/2004 re 18 MOTION to Dismiss filed by STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES, CHARLES VENTI, MICHELE GUHL. Ordered the cost of transcript to be split between parties. Ordered decision reserved. (Court Reporter Jackie Kashmer.) (sb) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

29

SCHEDULING ORDER: In Person Status Conference set for 2/3/2005 02:00 PM before Magistrate Judge Joel B. Rosen. Dispositive Motions due by 6/1/2005, etc. Signed by Judge Joel B. Rosen on 12/10/04. (MB) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

30

TRANSCRIPT of Proceedings held on 12/3/04 before Judge Stanley S. Brotman. Court Reporter: Kashmer. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (ms) (Entered: 12/23/2004)

Dec. 21, 2004

Dec. 21, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Phone Discovery Conference held on 1/11/2005. (sa, ) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 2/3/2005. (sa, ) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 2/23/2005. (sa, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

32

OPINION. Signed by Judge Stanley S. Brotman on 4/6/05. (sb) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

33

ORDER denying 18 Motion to Dismiss as to Counts One through three, six and eleven under Plaintiffs' complaint and ORDERED that Counts Four, Five, Seven, Eight, Nine, Ten, Twelve, Thirteen and Fourteen under Plaintiffs' Complaint shall be dismissed for failure to state a claim. Signed by Judge Stanley S. Brotman on 4/6/05. (sb) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 4/11/2005. (bb, ) (Entered: 04/12/2005)

April 11, 2005

April 11, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Discovery Hearing held on 5/12/2005. (bb, ) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 6/6/2005. (bb, ) (Entered: 06/07/2005)

June 6, 2005

June 6, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 6/28/2005. (bb, ) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 7/19/2005. (bb, ) (Entered: 07/20/2005)

July 19, 2005

July 19, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 9/13/2005. (bb, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 9/15/2005. (bb, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 9/27/2005. (bb, ) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

34

MOTION for Approval of Settlement by K.J., M.J., MARCIA ROBINSON LOWRY. (Attachments: # 1 Certification # 2 Text of Proposed Order)(db, ) (Entered: 10/05/2005)

Oct. 3, 2005

Oct. 3, 2005

MOTIONS 34 MOTION for Settlement REFERRED to Judge Rosen. (db, ) (Entered: 10/07/2005)

Oct. 3, 2005

Oct. 3, 2005

Setting Deadlines as to 34 MOTION for Settlement. Motion Hearing set for 11/4/2005 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (db, ) (Entered: 10/07/2005)

Oct. 3, 2005

Oct. 3, 2005

35

MOTION approval of settlement agreement by MARCIA ROBINSON LOWRY. (KUDATZKY, STEVEN) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

CLERK'S OFFICE QUALITY CONTROL MESSAGE. The Certification, document number 35, submitted by S. KUDATZKY on 10/17/05 was filed incorrectly as a Motion. For future filings, please select Certification which is located under Other Documents. This message is for informational purposes only. (sb) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

36

ORDERED that Carl Ahrens Price, Esq. shall be appointed to serve as an expert and ORDERED that Mr. Price shall appear before this court for a friendly hearing on November 16, 2005 at 9:30am. Signed by Judge Joel B. Rosen on 10/17/05. (sb) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

37

NOTICE by BRUCE JACKSON (CRITCHLEY, MICHAEL) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

38

MOTION to Intervene by BRUCE JACKSON. (Attachments: # 1 Text of Proposed Order # 2 Certification # 3 Exhibit A# 4 Exhibit B# 5 Exhibit C)(sb) (Entered: 11/14/2005)

Nov. 9, 2005

Nov. 9, 2005

Setting return date as to 38 MOTION to Intervene, 39 MOTION To Approve Special Needs Trust for 11/16/2005 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 11/14/2005)

Nov. 9, 2005

Nov. 9, 2005

42

ORDER appointing William M. Tambussi, Esq. guardian ad litem for Bruce L. Jackson. Signed by Judge Joel B. Rosen on 11/16/05. (sb) (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

43

Minute Entry for proceedings held before Judge Joel B. Rosen : Motion Hearing held on 11/16/2005 re 38 MOTION to Intervene filed by BRUCE JACKSON. Ordered motion granted. Order entered. (Court Reporter Frank Gable.) (sb) (Entered: 11/18/2005)

Nov. 16, 2005

Nov. 16, 2005

44

Minute Entry for proceedings held before Judge Joel B. Rosen : Hearing on application to appt. William Tambussi as Guardian ad litem held on 11/16/2005. Ordered application granted. Order entered. (Court Reporter Frank Gable.) (sb) (Entered: 11/18/2005)

Nov. 16, 2005

Nov. 16, 2005

48

Minute Entry for proceedings held before Judge Joel B. Rosen : Motion Hearing held on 11/16/2005 re 34 MOTION for Settlement filed by K.J., M.J., MARCIA ROBINSON LOWRY. Ordered motion granted. Order entered. (Court Reporter Frank Gable.) (sb) (Entered: 12/02/2005)

Nov. 16, 2005

Nov. 16, 2005

49

Minute Entry for proceedings held before Judge Joel B. Rosen : Motion Hearing held on 11/16/2005 re 39 MOTION To Approve Special Needs Trust filed by BRUCE JACKSON. Ordered motion granted. Order entered. (Court Reporter Frank Gable.) (sb) (Entered: 12/02/2005)

Nov. 16, 2005

Nov. 16, 2005

40

AMENDED DOCUMENT by MARCIA ROBINSON LOWRY. ORDER APPROVING SETTLEMENT AGREEMENT AND AUTHORIZING DISTRIBUTIONS . (KUDATZKY, STEVEN) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

41

ORDER granting 38 Motion to Intervene. Signed by Judge Joel B. Rosen on 11/17/05. (sb) Additional attachment(s) added on 11/17/2005 (sb, ). (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

45

Bruce L. Jackson Special Needs Trust dated November 16, 2005. (sb) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

46

ORDER APPROVING SETTLEMENT and ENTERING JUDGMENT in favor of Bruce L. Jackson against Division of Youth and Family Services in the amount of $5,000,000.00. Signed by Judge Joel B. Rosen on 11/29/05. (Attachments: # 1 Settlement Agreement# 2 Special Needs Trust)(sb) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

47

ORDER granting 34 Motion for Settlement. Signed by Judge Joel B. Rosen on 11/30/05. (sb) (Entered: 12/01/2005)

Nov. 30, 2005

Nov. 30, 2005

50

NOTICE of Change of Address by STEVEN KARL KUDATZKY (KUDATZKY, STEVEN) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 2/24/2006. (bb, ) (Entered: 02/27/2006)

Feb. 24, 2006

Feb. 24, 2006

51

STIPULATION AND ORDER approving payment of counsel fees and costs and approving final distributions. Signed by Judge Joel B. Rosen on 3/15/06. (sb) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

***Civil Case Terminated. (sb) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

52

LETTER ORDER permitting the purchase of a vehicle. Signed by Judge Joel B. Rosen on 5/19/06. (sb) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

53

CONSENT to Jurisdiction by US Magistrate Judge by DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY, PATRICIA BALASCO−BARR, MICHELE GUHL, CHARLES VENTI, DORIS JONES, K.J., T.J., M.J., MARCIA ROBINSON LOWRY. Case reassigned to Magistrate Judge Joel Schneider. (sb) (Entered: 11/03/2006)

Nov. 2, 2006

Nov. 2, 2006

54

ORDER approving the purchase of a truck. Signed by Judge Joel Schneider on 11/8/06. (sb) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

55

ORDER Regarding Trustee Fees. Signed by Judge Joel Schneider on 2/28/07. (th, ) (Entered: 03/02/2007)

Feb. 28, 2007

Feb. 28, 2007

56

LETTER ORDER re: settlement. Signed by Magistrate Judge Joel Schneider on 5/15/2008. (gn ) (Entered: 05/16/2008)

May 15, 2008

May 15, 2008

57

LETTER addressed to Counsel re: a request from a reporter to review the Annual Summary of Account of Trustee Reports; advise the Court by 6/30/2010 if you object to making reports available, etc. Signed by Magistrate Judge Joel Schneider on 6/15/2010. (drw, ) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

58

Letter from Counsel to Judge Schneider. (KUDATZKY, STEVEN) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

CLERK'S QUALITY CONTROL MESSAGE − Please review the LETTER FROM COUNSEL attached to docket entry #58 submitted by S. KUDATZKY on 6/29/2010. If this document was attached in error, PLEASE RESUBMIT THE CORRECT DOCUMENT. This submission will remain on the docket unless otherwise ordered by the court. (drw, ) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

59

Letter from Counsel to Judge Schneider. (KUDATZKY, STEVEN) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

60

Letter from Trustee Requesting Approval of Disbursements from Trust. (KUDATZKY, STEVEN) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

61

ORDER granting 60 Letter from Marcia Robinson Lowry &PNC Bank requesting Court approval of disbursements from the trusts for the purchase of a new truck to be used by James Parrish for benefit of T.J., M.J. &K.J. Signed by Magistrate Judge Joel Schneider on 9/21/2011. (drw, ) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

Case Details

State / Territory: New Jersey

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 26, 2004

Closing Date: Nov. 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, three minor children, were all taken into the Division of Youth and Family Services (DYFS) in 1994. Plaintiffs were placed in foster care in 1995, and were later adopted by the same family in 1997.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Division of Youth and Family Services, State

Department of Human Services, State

State of New Jersey, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $12,500,000

Order Duration: 2005 - 2015

Content of Injunction:

Reporting

Monitoring

Issues

General:

Adoption

Classification / placement

Education

Failure to discipline

Failure to supervise

Failure to train

Family abuse and neglect

Food service / nutrition / hydration

Foster care (benefits, training)

Juveniles

Neglect by staff

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run