Case: 31 Foster Children v. Bush

1:00-cv-02116 | U.S. District Court for the Southern District of Florida

Filed Date: June 13, 2000

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On June 13, 2000, thirty-one minor children in the legal custody of the Florida Department of Children and Families ("DCAF") filed this putative class action lawsuit in the U.S. District Court for the Southern District of Florida, seeking declaratory and injunctive relief. The named plaintiffs were represented by the advocacy organization Children's Rights and by private counsel. Plaintiffs sought certification of a class of all children who are or will be in the legal custody of DCAF as an all…

On June 13, 2000, thirty-one minor children in the legal custody of the Florida Department of Children and Families ("DCAF") filed this putative class action lawsuit in the U.S. District Court for the Southern District of Florida, seeking declaratory and injunctive relief. The named plaintiffs were represented by the advocacy organization Children's Rights and by private counsel. Plaintiffs sought certification of a class of all children who are or will be in the legal custody of DCAF as an alleged or adjudicated dependent child; plaintiffs also sought certification of a subclass of all children who are black or perceived by DCAF as black. They asserted claims under 42 U.S.C. § 1983, alleging that systemic deficiencies in the operation of DCAF subjected children in the state's care to harm or an unreasonable risk of harm.

The alleged problems included: overuse of shelters; failing to comply with permanency plans; keeping siblings apart; overcrowding of residential facilities; overworking of caseworkers; denying children safe and permanent homes; overmedicating children; using non-least restrictive placements; failure to provide for foster children's education; operating a foster care system for "financial benefit"; and discriminating on the basis of race and ethnicity, particularly against black children.

On August 30, 2000, plaintiffs filed an amended complaint, adding new claims, including challenges brought under the Adoption and Safe Families Act; Early Periodic Screening, Diagnostic and Treatment; and Title VI of the Civil Rights Act.

On September 11, 2000, plaintiffs moved to certify the class. On October 27, 2000, defendants moved to dismiss the amended complaint for failure to state a cause of action. Both motions were referred to Magistrate Judge Robert L. Dube.

On April 20, 2001, Magistrate Judge Dube issued a Report and Recommendation largely denying the defendants' motion to dismiss. The Magistrate denied defendants' motion with respect to all counts, except for the EPSDT claims, for which the Magistrate dismissed certain of the named plaintiffs. Bonnie L. ex rel. Hadsock v. Bush, No. 00-2116-CIV-Moreno Dube, 2001 WL 1840843 (S.D. Fla. Apr. 20, 2001). Defendants subsequently filed objections to the R&R.

On May 10, 2001, Magistrate Judge Dube issued a Report and Recommendation largely granting plaintiffs' motion for class certification. The Magistrate certified plaintiffs' proposed class and subclass, but excluded certain groups because they had been members of prior classes. Specifically, the Magistrate excluded the following from the class and subclass: (a) children who reside in Broward/District 10; (b) children who were in the custody of DCAF prior to July 24, 1995, but only for claims which arose prior to that date; and (c) any claims for the failure to provide mental health and/or developmental services. Bonnie L. ex rel. Hadsock v. Bush, No. 00-2116-CIV, 2001 WL 1400051 (S.D. Fla. May 10, 2001). Defendants filed objections to this R&R.

In the meantime, on March 23, 2001, plaintiff Leslie F. moved for a preliminary injunction, seeking to enjoin defendants from terminating her foster care services. Leslie F. had turned eighteen but was still enrolled in high school. On April 30, 2001, the Court (District Judge Federico A. Moreno) denied the requested preliminary injunction. The Court held that, inter alia, Leslie F. lacked standing because she had not yet had her benefits terminated (and thus had not suffered an injury in fact), and that her claims were not yet ripe. Plaintiff appealed this decision to the United States Court of Appeals for the Eleventh Circuit, while also seeking a temporary injunction from the District Court pending appeal. The Court (Judge Moreno) again denied plaintiff's request, noting that defendants had agreed to continue to provide services for 45 days or until the Eleventh Circuit ruled. Bonnie L. ex rel. Hadsock v. Bush, No. 00-2116-CIV-MORENO, 2001 WL 1840845 (S.D. Fla. June 8, 2001). Plaintiff subsequently appealed this ruling as well. The two appeals were consolidated by the Eleventh Circuit.

On October 15, 2001, the defendants filed a supplemental motion to dismiss. The defendants argued that the action was barred by the Eleventh Amendment, and that the Court must abstain under the Younger v. Harris doctrine. At this time, the defendants' objections to the Magistrate's Report and Recommendation denying defendants' motion to dismiss was still under consideration by the Court.

On December 4, 2001, the District Court (Judge Moreno) granted defendants' motion to dismiss. The Court held that plaintiffs' claims under the ASFA were barred by the Eleventh Amendment and the doctrine of Seminole Tribe v. Florida, 517 U.S. 44 (1996), and that certain of plaintiffs' Title VI claims were barred by Alexander v. Sandoval, 532 U.S. 275 (2001) and Harris v. James, 127 F.3d 993 (11th Cir. 1997) (holding that, by reading Sandoval in pari materia with Harris, the disparate impact regulations do not contain a substantive private right under disparate impact regulations). The Court also abstained under Younger from considering plaintiffs' substantive and procedural due process claims, as well as plaintiffs' claims under the First, Ninth, and Fourteenth Amendments for plaintiffs not in extended foster care. And while the Court did not dismiss all claims with respect to those plaintiffs, the Court dismissed the complaint without prejudice due to plaintiffs' failure to comply with Federal Rule of Civil Procedure 8. The Court also set a deadline within which plaintiffs could file a second amended complaint. Bonnie L. ex rel. Hadsock v. Bush, 180 F. Supp. 2d 1321 (S.D. Fla. 2001). Plaintiffs appealed this decision to the Eleventh Circuit.

On February 14, 2002, the United States Court of Appeals for the Eleventh Circuit dismissed plaintiffs' appeal regarding the preliminary injunction because the parties had reached a partial settlement agreement. Per the terms of the settlement agreement, certain of the named plaintiffs released defendants from all claims, while others released defendants only from their EPSDT and Title VI claims. Those plaintiffs continued to press their constitutional and ASFA claims by appealing the District Court's December 4 dismissal to the Eleventh Circuit.

On May 8, 2003, the United States Court of Appeals for the Eleventh Circuit affirmed in part and vacated in part the District Court's order granting defendants' motion to dismiss. The Eleventh Circuit (Judge Carnes) held that (1) certain named plaintiffs' claims had become moot; (2) the district court properly dismissed plaintiffs' statutory claims, as those statutes do not give rise to enforceable rights; and (3) the district court did not abuse its discretion in abstaining under Younger. The Eleventh Circuit only vacated the district court's opinion and remanded with instructions regarding certain named plaintiffs, whose claims were moot or who lacked standing. Thus, this appeal affirmed the district court in all substantive respects and ended the case. 31 Foster Children v. Bush, 329 F.3d 1255 (11th Cir. 2003), cert. denied, 540 U.S. 984.

Summary Authors

Dan Whitman (11/12/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4238420/parties/31-foster-children-v-bush/


Judge(s)

Carnes, Julie E. (Georgia)

Dube, Robert L. (Florida)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Babbitt, Theodore (Florida)

Barnes, Michael Richard (Florida)

Burch, Barbara (Florida)

Cannon, Kevin S. (Florida)

Chanfrau, William M. (Florida)

Firestein, Rose E. (New York)

Gievers, Karen A. (Florida)

Judge(s)

Carnes, Julie E. (Georgia)

Dube, Robert L. (Florida)

Moreno, Federico A. (Florida)

Attorneys(s) for Plaintiff

Babbitt, Theodore (Florida)

Barnes, Michael Richard (Florida)

Burch, Barbara (Florida)

Cannon, Kevin S. (Florida)

Chanfrau, William M. (Florida)

Firestein, Rose E. (New York)

Gievers, Karen A. (Florida)

Glenn, Robert Baltzell Jr. (Florida)

Goller, Leslie A. (Florida)

Hankey, Michelle (Florida)

Hogan, Wayne (Florida)

Kerrigan, Robert G. (Florida)

Lorenzo, Jorge A. (Florida)

Lowry, Marcia Robinson (New York)

McNeely, Cynthia A. (Florida)

Montgomery, Robert M. Jr. (Florida)

Ostrow, John Bruce (Florida)

Perlmutter, Bernard P. (Florida)

Salisbury, Carolyn (Florida)

Samms, Gregory Antonio (Florida)

Schroth, Deborah (Florida)

Spector, Neil C. (Florida)

Stockham, Susan L. (Florida)

Tynan, Greg A. (Florida)

Vostrejs, Robert A. (Florida)

Walsh, James (Florida)

Wasson, Roy (Florida)

Weaver, Diane Jay (Florida)

Wright, Claudia T. (District of Columbia)

Attorneys(s) for Defendant

Bradley, Cecilia (Florida)

Curd, Stephanie Lynne Staples (Florida)

Streeter, Maxine K (Florida)

Vail, Jason (Florida)

Other Attorney(s)

Feuer, Jerold (Florida)

Expert/Monitor/Master

Briggs, Barbara Burch (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

June 30, 2003 Docket
1

Complaint

June 14, 2000 Complaint
42

Amended Complaint for Declaratory and Injunctive Relief - Class Action

Aug. 29, 2000 Complaint
212

Report and Recommendation

2001 WL 1840843

April 20, 2001 Magistrate Report/Recommendation
220

Report and Recommendation

2001 WL 1400051

May 11, 2001 Magistrate Report/Recommendation
259

Order Denying Plaintiff's Emergency Motion for Temporary Injunction Pending Appeal

2001 WL 1840845

June 11, 2001 Order/Opinion
475

Plaintiff's Notice of Filing Settlement Agreement

Feb. 15, 2002 Settlement Agreement

Opinion

U. S. Court of Appeals for the Eleventh Circuit

329 F.3d 1255

May 8, 2003 Order/Opinion

Resources

Title Description External URL

Bonnie L v. Bush

National Center for Youth Law

Plaintiffs filed this suit on behalf of twenty-two children against Florida’s Department of Children and Families (DCF). The suit alleged that DCF failed to protect foster children in its custody fro… https://youthlaw.org/case/bonnie-l-v-bush/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4238420/31-foster-children-v-bush/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF CLASS ACTION FILED; A-7 JJO: FILING FEE $150.00 RECEIPT # 712615 (at, Deputy Clerk) (Entered: 06/14/2000)

June 13, 2000 RECAP
2

SUMMONS(ES) issued for Jeb Bush (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
3

SUMMONS(ES) issued for Kathleen Kearney (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
4

SUMMONS(ES) issued for Chuck Bates (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
5

SUMMONS(ES) issued for John Awad (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
6

SUMMONS(ES) issued for Ester Tibbs (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
7

SUMMONS(ES) issued for Lee Johnson (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
8

SUMMONS(ES) issued for Lynn Richard (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
9

SUMMONS(ES) issued for Don Dixon (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
10

SUMMONS(ES) issued for Robert Morin (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
11

SUMMONS(ES) issued for Fran Gibbons (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
12

SUMMONS(ES) issued for Paul Brown (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
13

SUMMONS(ES) issued for Phyllis Scott (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
14

SUMMONS(ES) issued for Charles Auslander (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
15

SUMMONS(ES) issued for Patrick Howard (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
16

SUMMONS(ES) issued for Sue Gray (Former Deputy Clerk) (Entered: 06/26/2000)

June 26, 2000 PACER
17

SUMMONS(ES) issued for Buddy Cline (cj, Deputy Clerk) (Entered: 06/27/2000)

June 26, 2000 PACER
18

SUMMONS(ES) issued for Christine Davenport (cj, Deputy Clerk) (Entered: 06/27/2000)

June 26, 2000 PACER
19

RETURN OF SERVICE executed for John Awad on 6/29/00 Answer due on 7/19/00 for John Awad (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
20

RETURN OF SERVICE executed for Jeb Bush on 6/29/00 Answer due on 7/19/00 for Jeb Bush (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
21

RETURN OF SERVICE executed for Kathleen Kearney on 6/29/00 Answer due on 7/19/00 for Kathleen Kearney (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
22

RETURN OF SERVICE executed for Lee Johnson on 6/30/00 Answer due on 7/20/00 for Lee Johnson (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
23

RETURN OF SERVICE executed for Phyllis Scott on 6/26/00 Answer due on 7/16/00 for Phyllis Scott (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
24

RETURN OF SERVICE executed for Robert Morin on 6/30/00 Answer due on 7/20/00 for Robert Morin (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
25

RETURN OF SERVICE executed for Ester Tibbs on 6/28/00 Answer due on 7/18/00 for Ester Tibbs (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
26

Return of service unexecuted as to Buddy Cline (Former Deputy Clerk) (Entered: 07/11/2000)

July 10, 2000 PACER
27

RETURN OF SERVICE executed for Charles Auslander on 6/30/00 Answer due on 7/20/00 for Charles Auslander (Former Deputy Clerk) (Entered: 07/13/2000)

July 12, 2000 PACER
28

NOTICE of substitution of party by 31 Foster Children (Former Deputy Clerk) (Entered: 07/14/2000)

July 14, 2000 PACER
29

RETURN OF SERVICE executed for Chuck Bates on 6/30/00 Answer due on 7/20/00 for Chuck Bates (Former Deputy Clerk) (Entered: 07/20/2000)

July 18, 2000 PACER
30

RETURN OF SERVICE executed for Lynn Richard on 7/5/00 Answer due on 7/25/00 for Lynn Richard (Former Deputy Clerk) (Entered: 07/20/2000)

July 18, 2000 PACER
31

RETURN OF SERVICE executed for Don Dixon on 7/3/00 Answer due on 7/23/00 for Don Dixon (Former Deputy Clerk) (Entered: 07/20/2000)

July 18, 2000 PACER
32

RETURN OF SERVICE executed for Sue Gray on 6/30/00 Answer due on 7/20/00 for Sue Gray (Former Deputy Clerk) (Entered: 07/20/2000)

July 18, 2000 PACER
33

RETURN OF SERVICE executed for Fran Gibbons on 6/30/00 Answer due on 7/20/00 for Fran Gibbons (Former Deputy Clerk) (Entered: 07/20/2000)

July 18, 2000 PACER
34

MOTION by All Defendants to extend time to respond to the complaint (Former Deputy Clerk) (Entered: 07/20/2000)

July 20, 2000 PACER
35

RETURN OF SERVICE executed for Paul Brown on 7/6/00 Answer due on 7/26/00 for Paul Brown (Former Deputy Clerk) (Entered: 07/20/2000)

July 20, 2000 PACER
36

ORDER granting [34-1] motion to extend time to respond to the complaint reset answer due for 9/18/00 for All Defendants, for Vern Martin, for Buddy Cline, for Sue Gray, for Patrick Howard, for Christine Davenport, for Charles Auslander, for Phyllis Scott, for Paul Brown, for Fran Gibbons, for Robert Morin, for Don Dixon, for Lynn Richard, for Lee Johnson, for Ester Tibbs, for John Awad, for Chuck Bates, for Kathleen Kearney, for Jeb Bush ( Signed by Judge James Lawrence King on 7/20/00) CCAP [EOD Date: 7/24/00] (Former Deputy Clerk) (Entered: 07/24/2000)

July 21, 2000 PACER
37

RETURN OF SERVICE executed for Patrick Howard on 7/5/00 Answer due on 7/25/00 for Patrick Howard (Former Deputy Clerk) (Entered: 07/25/2000)

July 25, 2000 PACER
38

RETURN OF SERVICE executed for Christine Davenport on 7/11/00 Answer due on 7/31/00 for Christine Davenport (Former Deputy Clerk) (Entered: 07/25/2000)

July 25, 2000 PACER
39

ORDER transferring case to the calendar of Judge Paul C. Huck ( Signed by Judge James Lawrence King on 7/31/00) CCAP [EOD Date: 8/7/00] (Former Deputy Clerk) (Entered: 08/07/2000)

Aug. 7, 2000 PACER
40

NOTICE of attorney appearance for Jeb Bush, Kathleen Kearney, Chuck Bates, John Awad, Ester Tibbs, Lee Johnson, Lynn Richard, Don Dixon, Robert Morin, Fran Gibbons, Paul Brown, Phyllis Scott, Charles Auslander, Christine Davenport, Patrick Howard, Sue Gray, Buddy Cline, Vern Martin by Maxine Streeter Ryan (ra, Deputy Clerk) (Entered: 08/23/2000)

Aug. 21, 2000 PACER
41

ORDER setting status conference set status conference for 12:30 9/8/00 before Judge Paul C. Huck ( Signed by Judge Paul C. Huck on 8/28/00) CCAP [EOD Date: 8/29/00] (Former Deputy Clerk) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
42

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by 31 Foster Children, (Answer due 9/8/00 for Jeb Bush, for Kathleen Kearney, for Chuck Bates, for John Awad, for Ester Tibbs, for Lee Johnson, for Lynn Richard, for Don Dixon, for Robert Morin, for Fran Gibbons, for Paul Brown, for Charles Auslander, for Sue Gray, for Christine Davenport, for Patrick Howard, for Vern Martin ) amending [1-1] complaint (Former Deputy Clerk) (Entered: 08/30/2000)

Aug. 29, 2000 RECAP
43

MOTION with memorandum in support by 31 Foster Children to expand page limitation for memorandum in support of motion for class certification (Former Deputy Clerk) (Entered: 09/05/2000)

Sept. 1, 2000 PACER
44

STATUS REPORT by 31 Foster Children (Former Deputy Clerk) (Entered: 09/05/2000)

Sept. 1, 2000 PACER
45

SUMMONS issued for Vern Martin (Former Deputy Clerk) (Entered: 09/08/2000)

Sept. 7, 2000 PACER
46

ORDER granting [43-1] motion to expand page limitation for memorandum in support of motion for class certification, not to exceed 30 pages ( Signed by Judge Paul C. Huck on 9/8/00) CCAP [EOD Date: 9/11/00] (Former Deputy Clerk) (Entered: 09/11/2000)

Sept. 8, 2000 PACER
47

MOTION with memorandum in support by 31 Foster Children to waive or modify the requirements governing the admission of plaintiffs' co-counsel pro hac vice (Former Deputy Clerk) (Entered: 09/11/2000)

Sept. 8, 2000 PACER
48

CERTIFICATE of compliance: by 31 Foster Children with rule Rule 4(B) of the special rules governing the admission and practice of attorneys (Former Deputy Clerk) (Entered: 09/11/2000)

Sept. 8, 2000 PACER
49

CERTIFICATE of compliance with Rule 4(B) of the special rules governing the admission and practive of attorney by 31 Foster Children (Former Deputy Clerk) (Entered: 09/11/2000)

Sept. 8, 2000 PACER
50

MOTION by 31 Foster Children for certification of class and a subclass (Former Deputy Clerk) (Entered: 09/12/2000)

Sept. 11, 2000 PACER
51

MEMORANDUM by 31 Foster Children in support of [50-1] motion for certification of class and a subclass (Former Deputy Clerk) (Entered: 09/12/2000)

Sept. 11, 2000 PACER
52

MOTION by 31 Foster Children for oral argument in connection with [50-1] motion for certification of class and a subclass (Former Deputy Clerk) (Entered: 09/12/2000)

Sept. 11, 2000 PACER
53

AFFIRMATION of Rose E. Firestein by 31 Foster Children Re: [50-1] motion for certification of class and a subclass (Former Deputy Clerk) (Entered: 09/12/2000)

Sept. 11, 2000 PACER
54

MOTION by All Defendants to extend time to respond to Amended Complain (Former Deputy Clerk) (Entered: 09/21/2000)

Sept. 18, 2000 PACER
55

ORDER RE STATUS CONFERENCE and denying [47-1] motion to waive or modify the requirements governing the admission of plaintiffs' co-counsel pro hac vice ( Signed by Judge Moreno on 9/19/00) CCAP [EOD Date: 9/21/00] (sk, Deputy Clerk) (Entered: 09/21/2000)

Sept. 20, 2000 PACER
56

ORDER transferring case to Judge Moreno ( Signed by Judge Paul C. Huck on 9/12/00 and by Judge Moreno on 9/15/00) CCAP [EOD Date: 9/22/00] (sk, Deputy Clerk) (Entered: 09/22/2000)

Sept. 20, 2000 PACER
57

ORDER granting [54-1] motion to extend time to respond to Amended Complain reset answer due for 10/18/00 for Vern Martin, for Buddy Cline, for Sue Gray, for Patrick Howard, for Christine Davenport, for Charles Auslander, for Phyllis Scott, for Paul Brown, for Fran Gibbons, for Robert Morin, for Don Dixon, for Lynn Richard, for Lee Johnson, for Ester Tibbs, for John Awad, for Chuck Bates, for Kathleen Kearney, for Jeb Bush ( Signed by Judge Paul C. Huck on 9/19/00) CCAP [EOD Date: 9/22/00] (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 20, 2000 PACER
58

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME (not filed) reset Ward Status report due on 9/25/00 ( Signed by Judge Paul C. Huck on 9/20/00) CCAP [EOD Date: 9/22/00] (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 20, 2000 PACER
59

MOTION by All Defendants to extend time to file Ward Status Report (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 20, 2000 PACER
60

RETURN OF SERVICE executed for Vern Martin on 9/8/00 Answer due on 9/28/00 for Vern Martin (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000 PACER
61

REPORT AND MOTION by 31 Foster Children for Order setting trial in Mid-July, 2001 (Former Deputy Clerk) (Entered: 09/22/2000)

Sept. 21, 2000 PACER
62

MOTION by All Defendants to stay discovery, and to extend time for filing scheduling order (sk, Deputy Clerk) (Entered: 09/26/2000)

Sept. 25, 2000 PACER
63

ORDER deferring ruling on [62-1] motion to stay discovery under advisement, denying [62-2] motion to extend time for filing scheduling order. Response to Plaintiff's Request for Production of Documents due 11/13/00. ( Signed by Judge Federico A. Moreno on 9/26/00) CCAP [EOD Date: 9/28/00] (nt, Deputy Clerk) (Entered: 09/28/2000)

Sept. 27, 2000 PACER
64

Scheduling Report of Scheduling Meeting by 31 Foster Children (nt, Deputy Clerk) (Entered: 09/28/2000)

Sept. 27, 2000 PACER
65

OBJECTION AND RESPONSE by 31 Foster Children to [62-1] motion to stay discovery, [62-2] motion to extend time for filing scheduling order (nt, Deputy Clerk) (Entered: 09/28/2000)

Sept. 27, 2000 PACER
66

STATUS REPORT by All Defendants (sk, Deputy Clerk) (Entered: 09/29/2000)

Sept. 28, 2000 PACER
67

MOTION by All Defendants to extend time to 10/30/00 to respond to motion for certification of class and subclass (sk, Deputy Clerk) (Entered: 10/03/2000)

Oct. 2, 2000 PACER
68

MOTION by 31 Foster Children for Marcia Lowry and Rose Firestone to appear pro hac vice (sk, Deputy Clerk) (Entered: 10/04/2000)

Oct. 3, 2000 PACER
69

SUPPLEMENTAL RESPONSE by 31 Foster Children to: [65-1] OBJECTION AND RESPONSE by 31 Foster Children to [62-1] motion to stay discovery, [62-2] motion to extend time for filing scheduling order (sk, Deputy Clerk) (Entered: 10/06/2000)

Oct. 5, 2000 PACER
70

NOTICE of filing certificates of standing and membership fees by 31 Foster Children (sk, Deputy Clerk) (Entered: 10/06/2000)

Oct. 6, 2000 PACER
72

ORDER SETTING STATUS CONFERENCE Status conference set for 10:00 10/17/00 before Judge Federico A. Moreno ( Signed by Judge Federico A. Moreno on 10/5/00) CCAP [EOD Date: 10/11/00] CCAP (sk, Deputy Clerk) (Entered: 10/11/2000)

Oct. 6, 2000 PACER
73

ORDER granting [68-1] motion for Marcia Lowry and Rose Firestone to appear pro hac vice ( Signed by Judge Federico A. Moreno on 10/5/00) CCAP [EOD Date: 10/11/00] (sk, Deputy Clerk) (Entered: 10/11/2000)

Oct. 6, 2000 PACER
71

Scheduling Report of Scheduling Meeting by All Defendants (sk, Deputy Clerk) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
74

NOTICE by 31 Foster Children to take deposition of Florida Dept. of Children and Families on 11/15/00 11:00 (sk, Deputy Clerk) (Entered: 10/13/2000)

Oct. 12, 2000 PACER
75

MOTION by 31 Foster Children for Leslie Goller, Michelle Hankey, Wayne Hogan, Deborah Schroth, James Walsh John Walsh and Claudia Wright to appear pro hac vice (sk, Deputy Clerk) (Entered: 10/18/2000)

Oct. 16, 2000 PACER
76

MOTION with memorandum in support by All Defendants to require counsel to produce documentation establishing their authority to represent the children, and to stay case (lk, Deputy Clerk) (Entered: 10/20/2000)

Oct. 18, 2000 PACER
80

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Federico A. Moreno on 10/18/00) CCAP [EOD Date: 10/23/00] (lk, Deputy Clerk) (Entered: 10/23/2000)

Oct. 19, 2000 PACER
81

ORDER setting Jury trial for 7/16/01 before Judge Federico A. Moreno, setting calendar call for 2:00 7/10/01 before Judge Federico A. Moreno, setting pretrial stipulation due for 7/3/01 ( Signed by Judge Federico A. Moreno on 10/18/00) CCAP [EOD Date: 10/23/00] (lk, Deputy Clerk) (Entered: 10/23/2000)

Oct. 19, 2000 PACER
82

SCHEDULING ORDER setting Deadline for filing of all motions by 5/11/01 Discovery cutoff 3/16/01 ; ( Signed by Judge Federico A. Moreno on 10/18/00) CCAP [EOD Date: 10/23/00] CCAP (lk, Deputy Clerk) (Entered: 10/23/2000)

Oct. 19, 2000 PACER
83

OMNIBUS ORDER denying [61-1] motion for Order setting trial in Mid-July, 2001 granting [52-1] motion for oral argument in connection with [50-1] motion for certification of class and a subclass granting [67-1] motion to extend time to 10/30/00 to respond to motion for certification of class and subclass, denying [62-1] motion to stay discovery Response to motion reset to 10/30/00 for [50-1] motion for certification of class and a subclass ( Signed by Judge Federico A. Moreno on 10/18/00) CCAP [EOD Date: 10/23/00] (lk, Deputy Clerk) (Entered: 10/23/2000)

Oct. 19, 2000 PACER
77

AFFIDAVIT of Danielle Roussel by 31 Foster Children Re: [76-1] motion to require counsel to produce documentation establishing their authority to represent the children (nt, Deputy Clerk) (Entered: 10/20/2000)

Oct. 20, 2000 PACER
84

NOTICE of filing supplemental affidavits and transcripts by All Defendants (lk, Deputy Clerk) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
78

UNOPPOSED MOTION by All Defendants to extend time to respond to amended complaint (nt, Deputy Clerk) (Entered: 10/20/2000)

Oct. 20, 2000 PACER
85

RESPONSE by 31 Foster Children to [76-1] motion to require counsel to produce documentation establishing their authority to represent the children (nt, Deputy Clerk) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
79

UNOPPOSED MOTION by All Defendants for leave to file legal memorandum in excess of 20 page limit (not attached) (nt, Deputy Clerk) (Entered: 10/20/2000)

Oct. 20, 2000 PACER
86

ORDER granting [78-1] motion to extend time to respond to amended complaint reset answer due for 10/23/00 for Vern Martin, for Buddy Cline, for Sue Gray, for Patrick Howard, for Christine Davenport, for Charles Auslander, for Phyllis Scott, for Paul Brown, for Fran Gibbons, for Robert Morin, for Don Dixon, for Lynn Richard, for Lee Johnson, for Ester Tibbs, for John Awad, for Chuck Bates, for Kathleen Kearney, for Jeb Bush ( Signed by Judge Federico A. Moreno on 10/20/00) CCAP [EOD Date: 10/23/00] (nt, Deputy Clerk) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
87

ORDER granting [79-1] motion for leave to file legal memorandum in excess of 20 page limit ( Signed by Judge Federico A. Moreno on 10/20/00) CCAP [EOD Date: 10/23/00] (nt, Deputy Clerk) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
88

NOTICE of filing attached original affidavit of Linda Spector, Esq. by All Defendants (Former Deputy Clerk) (Entered: 10/24/2000)

Oct. 23, 2000 PACER
89

MOTION by All Defendants to extend time respond to plaintiffs' motion for class certification (Former Deputy Clerk) (Entered: 10/26/2000)

Oct. 25, 2000 PACER
90

AMENDED MOTION by All Defendants for leave to file memoramdum in excess of 20 page limit referring to [79-1] motion for leave to file legal memorandum in excess of 20 page limit (Former Deputy Clerk) (Entered: 10/26/2000)

Oct. 25, 2000 PACER
91

ORDER granting [90-1] motion for leave to file memoramdum in excess of 20 page limit ( Signed by Judge Federico A. Moreno on 10/25/00) CCAP [EOD Date: 10/27/00] (Former Deputy Clerk) (Entered: 10/27/2000)

Oct. 26, 2000 PACER
92

ORDER granting [89-1] motion to extend time to 11/6/00 to respond to plaintiffs' motion for class certification ( Signed by Judge Federico A. Moreno on 10/25/00) CCAP [EOD Date: 10/27/00] (Former Deputy Clerk) (Entered: 10/27/2000)

Oct. 26, 2000 PACER
93

MOTION with memorandum in support by All Defendants to dismiss the amended class action complaint for failure to state a cause of action (lk, Deputy Clerk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
94

MOTION with memorandum in support by Jeb Bush to dismiss amended complaint (lk, Deputy Clerk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
95

NOTICE of filing original affidavit of next friend, Danielle Roussel in support of plaintiffs' response to the motion to require counsel by 31 Foster Children (lk, Deputy Clerk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
96

AFFIDAVIT of Danielle Roussel by 31 Foster Children Re: [85-1] motion response (lk, Deputy Clerk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
97

NOTICE by 31 Foster Children to take videotaped deposition of Florida DCAF on 11/27/00 at 10:00 (dg, Deputy Clerk) (Entered: 10/31/2000)

Oct. 30, 2000 PACER
99

SUPPLEMENTAL RESPONSE by 31 Foster Children to: DEFENDANTS MOTION REGARDING PROOF (Former Deputy Clerk) (Entered: 11/01/2000)

Oct. 30, 2000 PACER
100

REPLY by All Defendants to response to [76-1] motion to require counsel to produce documentation establishing their authority to represent the children (Former Deputy Clerk) (Entered: 11/01/2000)

Oct. 30, 2000 PACER
98

CLERK'S RECEIPT for: Pro Hac Vice Admissions paid by 31 Foster Children . AMOUNT: $ 150.00 RECEIPT # 831025 (vp, Deputy Clerk) (Entered: 11/01/2000)

Oct. 31, 2000 PACER

State / Territory: Florida

Case Type(s):

Child Welfare

Key Dates

Filing Date: June 13, 2000

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who are or will be in the legal custody of the Florida Department of Children and Families (DCAF) as an alleged or adjudicated dependent child; plaintiffs also sought certification of a subclass of all children who are black or perceived by DCAF as black.

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

Florida Department of Children and Families (Tallahassee, Leon), 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.

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief denied

Issues

General:

Adoption

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Confinement/isolation

Disparate Impact

Education

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Incident/accident reporting & investigations

Juveniles

Language access/needs

Neglect by staff

Parents (visitation, involvement)

Pattern or Practice

Placement in shelters

Relative caretakers

Sexual abuse by residents/inmates

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Visiting

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Race:

Black

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Vision care

Benefit Source:

Adoption Assistance and Child Welfare Act

Medicaid