Case: Office of the Child Advocate v. Lindgren

1:86-cv-00723 | U.S. District Court for the District of Rhode Island

Filed Date: Nov. 25, 1986

Closed Date: 2007

Clearinghouse coding complete

Case Summary

This lawsuit against Rhode Island's Department for Children, Youth and Families ("DCYF") was filed on November 25, 1986, in the U.S. District Court for the District of Rhode Island. The Office of the Child Advocate was the plaintiff; it sought declaratory and injunctive relief for children who are or will be in DCYF custody, pursuant to the Due Process Clause and Equal Protection Clauses of the Fourteenth Amendment, 42 U.S.C. § 1983, and the Adoption Assistance and Child Welfare Act of 1980. Sp…

This lawsuit against Rhode Island's Department for Children, Youth and Families ("DCYF") was filed on November 25, 1986, in the U.S. District Court for the District of Rhode Island. The Office of the Child Advocate was the plaintiff; it sought declaratory and injunctive relief for children who are or will be in DCYF custody, pursuant to the Due Process Clause and Equal Protection Clauses of the Fourteenth Amendment, 42 U.S.C. § 1983, and the Adoption Assistance and Child Welfare Act of 1980.

Specifically, the plaintiff alleged that DCYF institutionalized a practice of placing children in its custody in "night-to-night" placement, which is the practice of placing a child, for any length of time, in a DCYF placement facility, congregate care facility, foster home, or any other facility and/or placement for a reason other than its intended purpose. The Complaint alleges that (1) the defendant's acts and omissions caused injury to children in DCYF custody; (2) the defendant's acts and omissions resulted in the disparate treatment of children in state care regarding access to suitable shelter; (3) the defendant's denial of some children in DCYF custody to preventive services violated their constitutional rights; (4) the defendant failed to provide the preventive services mandated by the Adoption Assistance and Child Welfare Act, which deprived children in DCYF custody of the privileges and immunities secured by United States laws; (5) the defendant failed to provide social services to prevent the need for foster care and the defendant failed to improve conditions in the children's natural homes, which resulted in unnecessary removals of children from their homes; (6) the defendant failed to develop case plans for children in night-to-night and shelter care; and lastly, (7) the defendant failed to plan for the children's transition from DCYF custody to independent living.

On September 26, 1988, the court approved the parties' agreed-upon Consent Decree, in which DCYF agreed to stop placing children in DCYF care in night-to-night placement except for emergency situations. One year and three days later, the plaintiff filed a motion to hold the defendant in contempt for violating the Consent Decree. Shortly thereafter, an Amended Consent Decree was agreed upon and approved by the court on October 20, 1989.

Twelve years later, on July 12, 2001, the plaintiff filed another motion to hold the defendant in contempt for violating the Amended Consent Decree. A month later, the parties resolved their dispute by agreeing to a Second Amended Consent Decree ("SACD"), which was approved by the court. The SACD, like the prior consent decree agreed upon by the parties, allowed either party to move to modify or vacate the decree as provided by the Federal Rules of Civil Procedure and/or applicable law.

On May 2, 2002, the plaintiff sought contempt sanctions yet again. A month later, the defendant responded with a motion to dismiss the case pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure or alternatively, to vacate the SACD under Rule 60(b). In November of 2002, Magistrate Judge Robert Lovegreen issued a Report and Recommendation stating that the motion to dismiss and the alternative motion to vacate the SACD should be denied. Specifically, Judge Lovegreen noted that (1) the plaintiff had third-party standing to represent the children in DCYF custody, (2) the defendant did not have sovereign immunity because the plaintiff sought injunctive relief against a named state official for federal law violations, and (3) the issue of night-to-night placement is not merely a state issue. In January of 2004, the district court again denied the defendant's motion to dismiss the complaint and the alternative motion to vacate the SACD. 296 F. Supp. 2d 178, 181-83 (D.R.I. 2004).

In June of 2007, the plaintiff filed a motion to vacate the consent decrees and to dismiss case without prejudice. The plaintiff argued that rather than improving under court supervision, the situation had become far worse:

"Twenty-one years, three contempt motions, and two amended consent decrees later, children in the Department's foster care custody continue to suffer from the practice of night-tonight placements. The Department placed 234 children in night-to-night placements in 2006, up from 50 in 2005 and 13 in 2004. This trend continues, with 90 night-to-night placements during the first four months of 2007. Far worse, however, the Department is now beset by a far wider set of systemic ills that have arisen since the consent decrees went into effect and which have taken firm root such that they currently harm or threaten to harm the almost 3,000 children in Rhode Island foster care custody. These failings, and the serious damage they cause to children in foster care, were unknown or nonexistent in 1986 and therefore were unaddressed in this action's complaint and the subsequent consent decrees."

The plaintiff explained that rather than continuing this case, it was filing a new case (Sam M. v. Chafee, CW-RI-0002 in this Clearinghouse), and therefore asked for this case to be dismissed without prejudice. The court agreed; on July 24, 2007, the court ordered that the consent decrees be vacated, and dismissed the case without prejudice.

Summary Authors

Alice Liu (4/19/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8744425/parties/office-of-child-advo-v-lindgren/


Judge(s)

Lagueux, Ronald Rene (Rhode Island)

Lovegreen, Robert W. (Rhode Island)

Attorneys(s) for Plaintiff

Alston, Jametta O. (Rhode Island)

D'Ambra, Laureen (Rhode Island)

Dineen, John William (Rhode Island)

O'Keefe, Sharon (Rhode Island)

Attorneys(s) for Defendant

Aucoin, Kevin J. (Rhode Island)

Corrigan, Thomas J. (Rhode Island)

Smith, William E. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Judge(s)

Lagueux, Ronald Rene (Rhode Island)

Lovegreen, Robert W. (Rhode Island)

Attorneys(s) for Plaintiff

Alston, Jametta O. (Rhode Island)

D'Ambra, Laureen (Rhode Island)

Dineen, John William (Rhode Island)

O'Keefe, Sharon (Rhode Island)

Attorneys(s) for Defendant

Aucoin, Kevin J. (Rhode Island)

Corrigan, Thomas J. (Rhode Island)

Smith, William E. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Documents in the Clearinghouse

Document

Docket

Office of Child Advo v. Lindgren

July 25, 2007 Docket
52

Decision and Order

296 F.Supp.2d 178

Jan. 8, 2004 Order/Opinion
57

Plaintiff's Motion to Vacate Consent Decrees and Dismiss Case without Prejudice, and Memorandum in Support

Office of the Child Advocate v. Martinez

June 28, 2007 Pleading / Motion / Brief
59

CONSENT ORDER OF VACATUR OF CONSENT DECREES AND DISMISSAL WITHOUT PREJUDICE

Office of the Child Advocate v. Martinez

July 16, 2007 Order/Opinion
60

CONSENT ORDER OF VACATUR OF CONSENT DECREES AND DISMISSAL WITHOUT PREJUDICE

Office of the Child Advocate v. Martinez

July 24, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8744425/office-of-child-advo-v-lindgren/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Withdrawal of Appearance of Michael Schwartz on behalf of the Plaintiff (Saucier, M)

July 18, 2001 PACER

CASE assigned to Judge Ronald R. Lagueux . Assigned to Magistrate Judge David L. Martin (Saucier, M)

July 19, 2001 PACER
1

MOTION by Office of Child Advo to Adjudge in Contempt (Saucier, M) Modified on 07/19/2001 (Entered: 07/19/2001)

July 19, 2001 PACER
2

MOTION by Office of Child Advo for Michael S. Schwartz, Esq. to Withdraw as Attorney (Saucier, M) (Entered: 07/26/2001)

July 24, 2001 PACER
3

ENTRY of appearance for Office of Child Advo by John William Dineen (Saucier, M) (Entered: 07/26/2001)

July 24, 2001 PACER
4

OBJECTION by Jay G. Lindgren Jr. to [1-1] motion to Adjudge in Contempt (Saucier, M) (Entered: 07/27/2001)

July 26, 2001 PACER

Motion(s) referred: [1-1] motion to Adjudge in Contempt referred to Magistrate Judge David L. Martin (Gilfillan, B)

July 27, 2001 PACER

CASE Assigned to Judge Ronald R. Lagueux . Assigned to Magistrate Judge Robert W. Lovegreen (Zinni, C)

July 27, 2001 PACER
5

MOTION by Jay G. Lindgren Jr. for Leave to Withdraw as Counsel (Saucier, M) (Entered: 07/31/2001)

July 30, 2001 PACER
6

ENTRY of appearance for Jay G. Lindgren Jr. by Kevin J. Aucoin, Thomas J. Corrigan Jr. (Saucier, M) (Entered: 07/31/2001)

July 30, 2001 PACER

Motion hearing re: [1-1] motion to Adjudge in Contempt at 10:00 8/14/01 before MJ Lovegreen (Theall, J)

July 31, 2001 PACER
8

SUPPLEMENT MOTION by Office of Child Advo referring to: [1-1] motion to Adjudge in Contempt (Saucier, M) (Entered: 08/14/2001)

Aug. 10, 2001 PACER
9

AFFIDAVIT of Carole B. Shauffer Re: [8-1] supplemental motion (Saucier, M) (Entered: 08/14/2001)

Aug. 10, 2001 PACER
10

AFFIDAVIT of Jeffrey Ivan Hunt, M.D. Re: [8-1] supplemental motion (Saucier, M) (Entered: 08/14/2001)

Aug. 10, 2001 PACER
7

ORDER granting [5-1] motion for Leave to Withdraw as Counsel ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 08/14/2001)

Aug. 14, 2001 PACER
11

SEALED DOCUMENT placed in vault (Saucier, M) (Potter, Carrie). (Entered: 08/14/2001)

Aug. 14, 2001 PACER

Motion hearing re: [8-1] supplemental motion, [1-1] motion to Adjudge in Contempt Motion hearing held before MJ Lovegreen (Corrigan, Aucoin, D'Ambra, Dineen) attys argue; defendants stipulate to several points; exhibits entered; Deft present evidence through witness testimony; hearing continued to 8/17/01 at 2:00 pm (Theall, J)

Aug. 14, 2001 PACER
12

Minute entry: Plaintiff Motion to Adjudge in Contempt (Theall, J) (Entered: 08/15/2001)

Aug. 14, 2001 PACER

Motion hearing re: [8-1] supplemental motion at 2:00 8/17/01, [1-1] motion to Adjudge in Contempt at 2:00 8/17/01 before MJ Lovegreen (Theall, J)

Aug. 14, 2001 PACER

Motion hearing re: [8-1] supplemental motion Motion hearing held, [1-1] motion to Adjudge in Contempt Motion hearing held before MJ Lovegreen in chambers (Theall, J)

Aug. 21, 2001 PACER
13

Second Amended consent JUDGMENT for Office of Child Advo against Jay G. Lindgren Jr. ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 08/27/2001)

Aug. 27, 2001 PACER

Case closed (Gilfillan, B)

Aug. 27, 2001 PACER
14

Stipulation - attorney fees $2502.50 awarded to Mr. Dineen signed by Judge Ronald R. Lagueux (Gilfillan, B) (Entered: 09/21/2001)

Sept. 21, 2001 PACER
15

MOTION by Office of Child Advo TO ADJUDGE the Defendant, Jay Lindgren in Contempt (Jackson, R) (Entered: 05/02/2002)

May 2, 2002 PACER
16

OBJECTION by Jay G. Lindgren Jr. to [15-1] motion TO ADJUDGE the Defendant, Jay Lindgren in Contempt (Jackson, R) (Entered: 05/17/2002)

May 16, 2002 PACER

Motion(s) referred: [15-1] motion TO ADJUDGE the Defendant, Jay Lindgren in Contempt referred to Magistrate Judge Robert W. Lovegreen (Gilfillan, B)

May 20, 2002 PACER
17

ENTRY of appearance for Jay G. Lindgren Jr. by Patricia A. Sullivan, William E. Smith (Gilfillan, B) (Entered: 05/28/2002)

May 24, 2002 PACER

Motion requesting conference (Gilfillan, B)

May 28, 2002 PACER

Status conference set at 11:30 6/5/02 Before Magistrate Judge Robert W. Lovegreen (Theall, J)

May 29, 2002 PACER
18

ORDER granting request for pretrial conference to address scheduling and case management held on 6/5/02 ( signed by Magistrate Judge Robert W. Lovegreen ) (Theall, J) (Entered: 06/10/2002)

June 7, 2002 PACER
19

MOTION by Jay G. Lindgren Jr. to Dismiss, or in the Alternative to Vacate [13-1] judgment order (Jackson, R) (Entered: 07/01/2002)

June 28, 2002 PACER

Motion(s) referred: [19-1] motion to Dismiss referred to Magistrate Judge Robert W. Lovegreen, [19-2] motion to Vacate [13-1] judgment order referred to Magistrate Judge Robert W. Lovegreen (Gilfillan, B)

July 2, 2002 PACER
20

MOTION by Office of Child Advo to Enlarge Time to file Memo Response to Motion to Dismiss until 07/26/02 (Jackson, R) (Entered: 07/19/2002)

July 18, 2002 PACER
21

MEMORANDUM by Office of Child Advo in support of [20-1] motion to Enlarge Time to file Memo Response to Motion to Dismiss (Jackson, R) (Entered: 07/19/2002)

July 18, 2002 PACER
22

MOTION by Office of Child Advo for Leave to File Memo in Excess of Page Limit (Jackson, R) (Entered: 07/19/2002)

July 18, 2002 PACER
24

MEMORANDUM by Office of Child Advo in support of [22-1] motion for Leave to File Memo in Excess of Page Limit (Jackson, R) (Entered: 07/19/2002)

July 18, 2002 PACER
25

OBJECTION by Office of Child Advo to [19-1] motion to Dismiss (Jackson, R) (Entered: 07/29/2002)

July 26, 2002 PACER
26

MEMORANDUM by Office of Child Advo in opposition to [19-1] motion to Dismiss w/ Appendix (Jackson, R) (Entered: 07/29/2002)

July 26, 2002 PACER
27

ORDER granting [20-1] motion to Enlarge Time to file Memo Response to Motion to Dismiss (no objection being filed - Granted Rule of court) (Gilfillan, B) (Entered: 08/08/2002)

Aug. 8, 2002 PACER
28

ORDER granting [22-1] motion for Leave to File Memo in Excess of Page Limit ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 08/26/2002)

Aug. 26, 2002 PACER
29

MOTION by Jay G. Lindgren Jr. to File Memorandum in Excess of Page Limit (Jackson, R) (Entered: 09/03/2002)

Aug. 30, 2002 PACER
30

MOTION and MEMORANDUM by Office of Child Advo to Expedite Hearing (Jackson, R) (Entered: 09/03/2002)

Sept. 3, 2002 PACER

Motion(s) referred: [30-1] motion to Expedite Hearing referred to Magistrate Judge Robert W. Lovegreen (Gilfillan, B)

Sept. 3, 2002 PACER
31

ORDER denying [30-1] motion to Expedite Hearing ( signed by Magistrate Judge Robert W. Lovegreen ) (Theall, J) (Entered: 09/05/2002)

Sept. 5, 2002 PACER

Motion hearing re: [19-1] motion to Dismiss at 10:00 9/26/02 before MJ Lovegreen (Theall, J)

Sept. 5, 2002 PACER
32

ORDER granting [29-1] motion to File Memorandum in Excess of Page Limit ( signed by Magistrate Judge Robert W. Lovegreen ) (Theall, J) (Entered: 09/10/2002)

Sept. 10, 2002 PACER
33

PLAINTIFF'S MEMORANDUM OF SEPTEMBER 19, 2002 (Jackson, R) (Entered: 09/20/2002)

Sept. 19, 2002 PACER
34

REPLY MEMORANDUM by Jay G. Lindgren Jr. in opposition to (Jackson, R) (Entered: 09/20/2002)

Sept. 19, 2002 PACER
35

DEFENDANTS' SUPPLEMENTAL BRIEF RE: LAPIDES v. BOARD OF REGENTS OF UNIVERSITY OF GEORGE and RI DEPT. OF ENVIRONMENTAL MANAGEMENT V. US (Jackson, R) (Entered: 09/20/2002)

Sept. 19, 2002 PACER

Motion hearing re: [19-1] motion to Dismiss Motion hearing held, [19-2] motion to Vacate [13-1] judgment order before MJ Lovegreen (D'ambra, Dineen, Smith, Sullivan) Attys argue; Court takes under advisement; R&R to follow (Theall, J)

Sept. 26, 2002 PACER
36

Minute entry: Deft Motion to Dismiss (Theall, J) (Entered: 09/27/2002)

Sept. 26, 2002 PACER
37

MOTION by Jay G. Lindgren Jr. for William Smith to Withdraw as Attorney (Jackson, R) (Entered: 10/23/2002)

Oct. 23, 2002 PACER
38

REPORT AND RECOMMENDATIONS of Magistrate Judge Robert W. Lovegreen Recommending that the district court deny defendant's motion to dismiss and motion to vacate: [19-1] motion to Dismiss, [19-2] motion to Vacate [13-1] judgment order ; Motion no longer referred Objections to R and R due by 12/13/02 (Theall, J) (Entered: 11/26/2002)

Nov. 26, 2002 PACER
39

MOTION by Jay G. Lindgren Jr. for Raymond Ripple to Withdraw as Attorney (Jackson, R) (Entered: 12/06/2002)

Dec. 4, 2002 PACER
40

OBJECTION by Jay G. Lindgren Jr. to [38-1] report and recommendations (Jackson, R) (Entered: 12/10/2002)

Dec. 9, 2002 PACER
41

MOTION by Jay G. Lindgren Jr. for Leave to File Memorandum in Excess of Page Limits (Jackson, R) (Entered: 12/10/2002)

Dec. 9, 2002 PACER

Motion(s) referred to Judge: (Gilfillan, B)

Dec. 12, 2002 PACER
42

ORDER granting [41-1] motion for Leave to File Memorandum in Excess of Page Limits ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 12/12/2002)

Dec. 12, 2002 PACER

Motion hearing re: [19-1] motion to Dismiss at 10:00 2/6/03, [19-2] motion to Vacate [13-1] judgment order at 10:00 2/6/03 - Obj. by deft. to Mag. Judge Lovegreen's Report and Recommendation re the above listed motions. Motion to be held before Judge Lagueux. (Administrator, )

Jan. 24, 2003 PACER
43

MOTION by Jay G. Lindgren Jr. to Enlarge Time to 3/11/03 to file memorandum of law in support of its objection to the R/R of Magistrate Judge Lovegreen dated 11/26/02 (Barletta, B) (Entered: 01/29/2003)

Jan. 28, 2003 PACER

Civil Hearing re: [40-1] objection 10:00 4/1/03 before Judge Ronald R. Lagueux (Gilfillan, B)

Jan. 30, 2003 PACER
44

ORDER granting [43-1] motion to Enlarge Time to 3/11/03 to file memorandum of law in support of its objection to the R/R of Magistrate Judge Lovegreen dated 11/26/02 ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 01/30/2003)

Jan. 30, 2003 PACER

Motion(s) referred: M/Quash referred to Magistrate Judge Lovegreen (Gilfillan, B)

Feb. 20, 2003 PACER
45

MOTION by Jay G. Lindgren Jr. to Quash the child advocate's subpoena duces tecum (Baldinelli, D) (Entered: 02/24/2003)

Feb. 20, 2003 PACER
46

OBJECTION and memorandum by Office of Child Advo to [45-1] motion to Quash the child advocate's subpoena duces tecum (Baldinelli, D) (Entered: 02/28/2003)

Feb. 28, 2003 PACER

Civil Hearing re: [40-1] objection to R&R 10:00 4/2/03 before Judge Ronald R. Lagueux (Gilfillan, B)

March 10, 2003 PACER
47

MEMORANDUM by Office of Child Advo in support of [40-1] objection issued November 26, 2002. (Baldinelli, D) (Entered: 03/12/2003)

March 11, 2003 PACER

Civil Hearing re: [40-1] objection to R&R 10:00 4/9/03 Hearing before Judge Ronald R. Lagueux (Gilfillan, B)

March 19, 2003 PACER
48

ORDER passed for compliance [45-1] motion to Quash the child advocate's subpoena duces tecum ( signed by Magistrate Judge Robert W. Lovegreen ) sent to counsel (Theall, J) (Entered: 03/19/2003)

March 19, 2003 PACER
49

MEMORANDUM by Office of Child Advo in support of [38-1] report and recommendations (Baldinelli, D) (Entered: 03/26/2003)

March 25, 2003 PACER
50

TRANSCRIPT OF hearing for dates of September 26, 2002 held before Magistrate Judge Robert W. Lovegreen. (Baldinelli, D) (Entered: 04/07/2003)

April 7, 2003 PACER
51

Minute entry regarding Defendant's Objection to R&R:held before Judge Ronald R. Lagueux. (Baldinelli, D) (Entered: 04/09/2003)

April 9, 2003 PACER

Motion hearing regarding defendants objection to Report and Recommendation:held before Judge Ronald R. Lagueux.Plaintiff Counsel-John William Dineen, Laureen D'Ambra;Defendant Counsel-Patricia Sullivan, Kevin J. Aucoin; Court Reporter-Judith Montie;All counsel of record present; Arguments heard by defendant counsel(Sullivan) regarding defendant's objection to R&R; Deft asked the court to vacate the consent decree and dismiss the actions in this case; Plaintiff counsel(Laureen D'Ambra)argues against the vacate of the consent decree;Plaintiff urges the court to keep consent decree in full force and effect and deny the Motion to Vacate and Motion to Dismiss. Defendant Counsel(Sullivan)re-addresses her arguments regarding the consent decree; Court will take the matter under advisement and write an opinion. (Baldinelli, D)

April 9, 2003 PACER
52

ORDER: The Court hereby accepts the R and R of Magistrate Judge Robert W. Lovegreen dated 11/26/02 pursuant to 28 USC 686(b)(1) denying [19-1] motion to Dismiss, denying [19-2] motion to Vacate [13-1] judgment order, signed by Judge Ronald R. Lagueux - forwarded to attorneys. (Gilfillan, B) (Entered: 01/08/2004)

Jan. 8, 2004 PACER

Motion(s) no longer referred to Magistrate Judge Lovegreen: [15-1] motion TO ADJUDGE the Defendant, Jay Lindgren in Contempt (Gilfillan, B)

Jan. 13, 2004 PACER

Motion hearing re: [15-1] motion TO ADJUDGE the Defendant, Jay Lindgren in Contempt at 10:00 5/26/04 before Judge Lagueux (Gilfillan, B)

April 8, 2004 PACER
53

Stipulation - withdrawing Motion for contempt signed by Judge Ronald R. Lagueux - forwarded to attorneys (Gilfillan, B) (Entered: 05/06/2004)

May 6, 2004 PACER
54

Stipulation of withdrawal by Laurenn D'Ambra and entry of appearence by Sharon O'Keefe - signed by Judge Ronald R. Lagueux forwarded to attorneys (Gilfillan, B) (Entered: 05/14/2004)

May 14, 2004 PACER
55

NOTICE of withdrawal of Atty Patricia Sullivan for Office of Child Advocate (Gilfillan, B) (Entered: 05/17/2004)

May 17, 2004 PACER
56

NOTICE of Appearance by Jametta O. Alston on behalf of Office of the Child Advocate (Gilfillan, Barbara) (Entered: 07/12/2005)

July 12, 2005 PACER
57

MOTION to Dismiss Plaintiff's Motion to Vacate Consent Decrees and Dismiss Case Without Prejudice, with supporting memo by Office of the Child Advocate. Responses due by 7/16/2007 (Dineen, John) (Entered: 06/28/2007)

June 28, 2007 PACER
58

MEMORANDUM IN SUPPORT by Office of the Child Advocate in support of 57 MOTION to Dismiss. (Dineen, John) (Entered: 06/28/2007)

June 28, 2007 PACER
59

STIPULATION Proposed Consent Order by Office of the Child Advocate. (Dineen, John) Modified on 7/17/2007 (Gilfillan, Barbara).notified attorney orders are filed conventionally; added filer (Entered: 07/16/2007)

July 16, 2007 PACER
60

ORDER granting 57 Motion to Dismiss and vacating consent decree of 9/26/88, amended consent decree of 10/20/89 and second amended consent decree of 8/24/01.. So Ordered by Judge Ronald R Lagueux on 7/24/07. (Gilfillan, Barbara) (Entered: 07/25/2007)

July 25, 2007 PACER

State / Territory: Rhode Island

Case Type(s):

Child Welfare

Key Dates

Filing Date: Nov. 25, 1986

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the Office of the Child Advocate, an independent Rhode Island state agency.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department for Children Youth and Families (Providence), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 2007

Issues

General:

Adoption

Classification / placement

Discharge & termination plans

Disparate Treatment

Family reunification

Foster care (benefits, training)

Funding

Individualized planning

Juveniles

Pattern or Practice

Placement in shelters

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

Timeliness of case assignment

Youth / Adult separation

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Benefit Source:

Adoption Assistance and Child Welfare Act