Case: Jeremiah M. v. Crum

3:22-cv-00129 | U.S. District Court for the District of Alaska

Filed Date: May 19, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about allegations of longstanding, systematic deficiencies in the Alaskan child welfare system as relating to its foster care services. On May 20, 2022, twelve foster children involved with the Alaska Office of Children's Services (OCS)—represented by A Better Childhood, Northern Justice Project, Disability Law Center of Alaska, and private counsel—filed this putative class action lawsuit in the United States District Court for the District of Alaska, suing the Alaska Department of…

This case is about allegations of longstanding, systematic deficiencies in the Alaskan child welfare system as relating to its foster care services. On May 20, 2022, twelve foster children involved with the Alaska Office of Children's Services (OCS)—represented by A Better Childhood, Northern Justice Project, Disability Law Center of Alaska, and private counsel—filed this putative class action lawsuit in the United States District Court for the District of Alaska, suing the Alaska Department of Health and Social Sciences (DHHS), OCS, and their respective directors. The case was assigned to District Judge Joshua M. Kindred.

Plaintiffs proposed one major general class: all children whom OCS has or will have legal responsibility over and are or will be in its legal and physical custody, as well as three subclasses: (1) Alaska Native children who are entitled to ICWA protection (Alaska Native subclass), (2) children residing in a kinship foster home who meet the criteria to receive foster care maintenance payments (kinship subclass), and (3) foster care children who experience physical, cognitive, and psychiatric disabilities (ADA subclass).

For the general class, bringing suit under 42 USC § 1983, plaintiffs alleged violations of the Fourteenth Amendment's substantive due process rights; First, Ninth, and Fourteenth Amendments' right to family association; and the Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 USC § 670 et seq., claiming that defendants failed their affirmative duties to provide reasonable care and protection to foster children. Invoking § 1983, the Alaska Native subclass alleged violations of the Indian Child Welfare Act of 1978 (ICWA) § 1915(a) & (b), because defendants placed them in culturally inappropriate settings that were not the least-restrictive and most family-like options with reasonable proximity to their home communities. Under § 1983, the kinship subclass alleged violations of the AACWA, 42 § USC 672(a), because the defendants did not provide foster care maintenance payments on behalf of children who were removed from a relative's home and placed with an eligible kinship foster family. And for the ADA subclass, plaintiffs alleged violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act, 29 USC § 701 et seq., because defendants placed foster children with disabilities in institutions instead of in foster homes in the community, violating the requirement that the children should be in the most integrated setting possible, and failed to provide them with an equal opportunity to participate in foster care services. Plaintiffs sought declaratory relief, injunctive relief to bring Alaska's child welfare system in compliance with federal laws, and attorneys' fees. 

Plaintiffs filed an amended complaint on July 15, 2022, adding two additional child plaintiffs to the case. The amended complaint was otherwise substantially similar to the original complaint. On August 26, 2022, defendants moved to dismiss the complaint.

On October 3, 2022, the United States of America filed a statement of interest in accordance with 28 U.S.C. § 517 to give its own views on the proper interpretation of Title II of the ADA and Section 504 of the Rehabilitation Act. Specifically, the United States agreed with the plaintiffs in several ways. Firstly, the United States agreed that the rule requiring children to be in the most integrated setting applies even when children are not in an institution as long as there is a serious risk of institutionalization, and disagreed with the defendants' argument that the integrated setting requirement does not apply to temporary placements. In addition, the United States explained that the professional who determines community-based services are warranted does not have to work for the state, and that the plaintiffs did not have to specifically claim these community-based services were warranted at the time of placement. Finally, the United States agreed with the plaintiffs that the state had to make sure community-based services were available across the state.

About a year later, on September 28, the court granted in part and denied in part the defendants’ motion to dismiss. 2023 WL 6316631. As to the plaintiffs' substantive due process claims, the court held that the plaintiffs had sufficiently alleged violations of the right to be free of mistreatment and emotional intrusions, and to treatment consistent with the goals of government custody. However, the court held that the plaintiffs did not have a due process right to be in the least restrictive environment, to have conditions consistent with the goals of government custody, to only be in custody for a limited time, or to be placed in a permanent home.

Additionally, the court granted the motion to dismiss against part of the plaintiffs’ claim about the right to familial association under the First, Ninth, and Fourteenth Amendments, noting that the state does not necessarily have an obligation to rebuild familial relationships between children and their grandparents or siblings. However, the court held that the plaintiffs had sufficiently alleged violations of the right to familial association between parents and children. The motion to dismiss was granted against plaintiffs’ claim under ICWA because the plaintiffs failed to articulate a specific enforceable right under Section 1915. The court also dismissed the plaintiffs' claims under AACWA because the plaintiffs' relative caregivers did not meet foster parent licensing requirements and so lacked the right to foster care maintenance payments. The court also held that the defendants had no obligation to help the relatives become licensed. As to the plaintiffs' claims under the ADA and Rehabilitation Act, the court held that the plaintiffs had not sufficiently pled a denial of reasonable modifications, but had sufficiently pled a violation of the requirement that children be in most integrated setting.

The defendants also argued that the court should dismiss the case under the doctrine of Younger abstention, which in some circumstances requires federal courts to avoid ruling on cases when a related matter is already in state court. Here, there were ongoing state proceedings related to the custody of the plaintiffs. The court decided not to abstain, but certified the issue for appeal, asking the Ninth Circuit decide if Younger abstention was warranted.

As of October 2023, the case is ongoing. 

Summary Authors

Jerry Lan (12/19/2022)

Madilynn O'Hara (10/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63327341/parties/m-v-crum/


Judge(s)
Attorney for Plaintiff

Baloche, David (Alaska)

Bellamy, Galen D. (Alaska)

Benedetto, Anastasia Connell (Alaska)

Borle, Jonathan (Alaska)

Davis, James J. (Alaska)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

3:22-cv-00129

Class Action Complaint

May 20, 2022

May 20, 2022

Complaint
16

3:22-cv-00129

Amended Class Action Complaint

July 15, 2022

July 15, 2022

Complaint
31

3:22-cv-00129

Statement of Interest of the United States

Oct. 3, 2022

Oct. 3, 2022

Statement of Interest (DOJ)
55

3:22-cv-00129

Order Granting in Part and Denying in Part Motion to Dismiss

Sept. 28, 2023

Sept. 28, 2023

Order/Opinion

2023 WL 6316631

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63327341/m-v-crum/

Last updated Aug. 11, 2025, 12:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AAKDC-3257014.), filed by All Plaintiffs.(Ryman, Danielle) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
2

Civil Cover Sheet. (Ryman, Danielle) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
3

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Marcia Robinson Lowry. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3257025.) by Connor B., Mary B., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Ryman, Danielle) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
4

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Julia Karen Tebor. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3257032.) by Connor B., Mary B., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Ryman, Danielle) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
5

Unissued summons re Defendant Dept of Health, (Attachments: # 1 Unissued Summons re Defendant K. Guay, # 2 Unissued Summons re Defendant OCS, # 3 Unissued Summons re Defendant A. Crum)(LMH, COURT STAFF) (Entered: 05/24/2022)

1 Unissued Summons re Defendant K. Guay

View on PACER

2 Unissued Summons re Defendant OCS

View on PACER

3 Unissued Summons re Defendant A. Crum

View on PACER

May 24, 2022

May 24, 2022

PACER
6

JWS TEXT ORDER: The assigned judge recuses from presiding in this case. This case has been randomly reassigned to Hon. Joshua M. Kindred. Henceforth the case number will be 3:22-cv-00129-JMK. (RMC, COURT STAFF) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER

Order of Recusal

May 24, 2022

May 24, 2022

PACER
7

CLERK'S NOTICE re 3 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Marcia Robinson Lowry, at docket 3, is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
8

CLERK'S NOTICE re 4 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Julia Karen Tebor, at docket 4, is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER

Clerks Notice Approving Non-Resident Attorney Application

May 25, 2022

May 25, 2022

PACER
9

MOTION to Expedite Consideration of Motion for Extension of Time to Respond to Plaintiffs' Complaint by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc.. (Attachments: # 1 Proposed Order on Motion for Expedited Consideration of Motion for Extension of Time to Respond to Plaintiffs' Complaint, # 2 Motion for Extension of Time to Respond to Plaintiffs' Complaint, # 3 Affidavit Declaration of Counsel - Chris A. Robison, AAG, # 4 Proposed Order on Motion for Extension of Time to Respond to Plaintiffs' Complaint, # 5 Certificate of Immediate Service)(Pickett, Jeffrey) (Entered: 06/17/2022)

1 Proposed Order on Motion for Expedited Consideration of Motion for Extension of

View on PACER

2 Motion for Extension of Time to Respond to Plaintiffs' Complaint

View on PACER

3 Affidavit Declaration of Counsel - Chris A. Robison, AAG

View on RECAP

4 Proposed Order on Motion for Extension of Time to Respond to Plaintiffs' Co

View on PACER

5 Certificate of Immediate Service

View on PACER

June 17, 2022

June 17, 2022

PACER
10

ORDER granting 9 Motion to Expedite. Plaintiffs shall file a Notice with Court when service has been perfected. Defendants shall have 66 days from the date of service to answer or otherwise respond to the Complaint. Signed by Judge Joshua M. Kindred on 6/22/22. (LLR, CHAMBERS STAFF) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

RECAP
11

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jonathan Borle. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3271392.) by Connor B., Mary B., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Ryman, Danielle) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
12

MOTION to Amend/Correct UNOPPOSED MOTION TO CORRECT RECORD REGARDING MOTION TO EXPEDITE CONSIDERATION OF MOTION FOR EXTENSION OF TIME [DKT. 9] by Connor B., Mary B., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Proposed Order)(Ryman, Danielle) (Entered: 06/24/2022)

1 Proposed Order

View on PACER

June 24, 2022

June 24, 2022

PACER
13

DECLARATION of Danielle Ryman re 12 MOTION to Amend/Correct UNOPPOSED MOTION TO CORRECT RECORD REGARDING MOTION TO EXPEDITE CONSIDERATION OF MOTION FOR EXTENSION OF TIME [DKT. 9] by Connor B., Mary B., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Ryman, Danielle) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

RECAP
14

CLERK'S NOTICE re 11 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Jonathan Borle, at docket 11, is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER

Clerks Notice Approving Non-Resident Attorney Application

June 27, 2022

June 27, 2022

PACER
15

ORDER granting 12 Motion to Amend/Correct. Signed by Judge Joshua M. Kindred on 6/28/22. (LLR, CHAMBERS STAFF) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

RECAP
16

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Ryman, Danielle) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

RECAP
17

NOTICE TO THE COURT by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. (Ryman, Danielle) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
18

NOTICE of Appearance by Christopher Robison on behalf of All Defendants (Robison, Christopher) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
19

MOTION for Protective Order Unopposed Motion for Interim Protective Order by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Proposed Order Exhibit A - Proposed Order)(Robison, Christopher) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
20

MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Overlength Motion to Dismiss by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay.(Robison, Christopher) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
21

MOTION Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases Defendants' Motion to Take Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay.(Robison, Christopher) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
22

MOTION to Seal Defendants' Unopposed Motion for Leave to File Documents Under Seal by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Exhibit Exhibit "A," Declaration)(Robison, Christopher) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
23

MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay.(Robison, Christopher) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

RECAP
24

JMK TEXT ORDER: Defendants' Unopposed Motion for Leave to File Overlength Motion to Dismiss at Docket 20 is GRANTED. Defendants' Motion to Dismiss and Plaintiffs' opposition thereto are not to exceed 70 pages.Defendants' Unopposed Motion for Leave to File Documents Under Seal at Docket 22 is GRANTED. Defendants may file unredacted copies of their Motion to Dismiss and accompanying exhibits under seal. (LLR, CHAMBERS STAFF) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
25

*SEALED* SEALED MOTION Unredacted Copy of Defendants' Motion to Dismiss and Exhibits (Filed Under Seal Pursuant to Dkt. 24) by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Exhibit Ex.'s A-M)(Robison, Christopher) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER

Order on Motion to Seal AND Order on Motion for Leave to File Excess Pages

Aug. 26, 2022

Aug. 26, 2022

PACER
26

Interim Protective Order. Signed by Judge Joshua M. Kindred on 8/30/22. (LLR, CHAMBERS STAFF) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

RECAP
27

MOTION for Extension of Time to File Response/Reply as to 21 MOTION Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases Defendants' Motion to Take Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases, 23 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support Unopposed by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Proposed Order)(Ryman, Danielle) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
28

JMK TEXT ORDER: Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motion to Dismiss and Motion to Take Judicial Notice and to File Overlength Briefing at Docket 27 is GRANTED. Plaintiffs may have until 9/30/2022 to respond to the motions at Dockets 21 and 23 . Additionally, Plaintiffs may submit overlength responsive briefing not to exceed 70 pages.Counsel should take notice of D. Alaska Loc. Civ. R. 7.1(e) prohibiting the filing of combined motions. The Court has accepted the combined motion at Docket 27 ; however, future combined motions will be stricken from the record. (LLR, CHAMBERS STAFF) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

~Util - Terminate Motions AND Set Motion and R&R Deadlines/Hearings AND Order

Sept. 9, 2022

Sept. 9, 2022

PACER

~Util - Terminate Motions AND Order AND Set Motion and R&R Deadlines/Hearings

Sept. 9, 2022

Sept. 9, 2022

PACER

Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions AND Order

Sept. 9, 2022

Sept. 9, 2022

PACER
29

RESPONSE in Opposition re 21 MOTION Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases Defendants' Motion to Take Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases filed by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Affidavit Declaration of Marcia Robinson Lowry)(Lowry, Marcia) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
30

RESPONSE in Opposition re 23 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support filed by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Lowry, Marcia) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP
31

NOTICE of Statement of Interest of the United States of America (See Notice for details) Filed on behalf of the United States Attorney. (CME, COURT STAFF) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

RECAP
32

REPLY to Response to Motion re 21 MOTION Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases Defendants' Motion to Take Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases filed by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Robison, Christopher) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
33

MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Overlength Reply Brief in Support of Defendants' Motion to Dismiss by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay.(Robison, Christopher) (Entered: 10/10/2022)

Oct. 10, 2022

Oct. 10, 2022

PACER
34

ORDER granting 33 Motion for Leave to File Excess Pages. Signed by Judge Joshua M. Kindred on 10/11/22. (LLR, CHAMBERS STAFF) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
35

MOTION for Hearing re 21 MOTION Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases Defendants' Motion to Take Judicial Notice of Pleadings and Orders from the Named Plaintiffs' CINA Cases by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V..(Lowry, Marcia) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

RECAP
36

ERRATA Notice of Errata by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. 30 Response in Opposition to Motion, filed by George V., Lawrence V., Eleanor T., Mary B., Lana H., Connor B., Gayle T., Damien V., David V., Hunter M., Jeremiah M., Rachel T., Hannah M., Karen V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lowry, Marcia) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
37

JMK TEXT ORDER: Plaintiffs' Unopposed Motion for Hearing at Docket 35 is GRANTED. Oral Argument on the motions at Docket 21 and Docket 23 is set for 12/20/2022 at 10:00 AM in Anchorage Courtroom 3 before Judge Joshua M. Kindred. Plaintiffs, cumulatively, and Defendants, cumulatively, shall have 20 minutes each to present their argument. (JLH, COURT STAFF) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER

Order Setting Hearing on Motion AND ~Util - Terminate Motions

Oct. 13, 2022

Oct. 13, 2022

PACER
38

REPLY to Response to Motion re 23 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support Reply in Support of Defendants' Motion to Dismiss filed by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Robison, Christopher) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

RECAP
39

MOTION to Stay Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Appendix Exhibits in Support of Motion to Stay)(Robison, Christopher) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
40

RESPONSE in Opposition re 39 MOTION to Stay Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss filed by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Lowry, Marcia) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
41

REPLY to Response to Motion re 39 MOTION to Stay Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss filed by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Robison, Christopher) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
42

ORDER denying as moot 39 Motion to Stay Discovery. Signed by Judge Joshua M. Kindred on 11/17/22. (LLR, CHAMBERS STAFF) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

RECAP
43

MINUTE ENTRY for proceedings held before Judge Joshua M. Kindred: Oral Argument held 10:04 AM to 11:02 AM on 12/20/2022. Arguments heard on Motion to Take Judicial Notice 21 and Motion to Dismiss 23 ; matters TAKEN UNDER ADVISEMENT, written ruling to issue. APPEARANCES: Marcia Robinson Lowry, Julia Tebor, and Jonathan Borle for Plaintiffs; Christopher Robison and Kate Demarest for Defendants; Stacy M. Baldwin, Official Court Reporter. (JDS, COURT STAFF) Modified on 12/21/2022 to edit appearances (JDS, COURT STAFF). (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

PACER

Motion Hearing

Dec. 21, 2022

Dec. 21, 2022

PACER
44

TRANSCRIPT REQUEST Oral Argument on Motion to Dismiss [ECF No. 43] by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Borle, Jonathan) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
45

NOTICE of Supplemental Authority in support of Opposition to Defendants' Motion to Dismiss by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. (Attachments: # 1 Exhibit A)(Borle, Jonathan) (Entered: 01/18/2023)

1 Exhibit A

View on PACER

Jan. 18, 2023

Jan. 18, 2023

PACER
46

TRANSCRIPT of Proceedings ; TRANSCRIPT OF MOTION HEARING held on December 20, 2022 before Judge Joshua M. Kindred. Realtime Court Reporter: Stacy Baldwin, RCR. Any party needing a copy of the transcript to review for redaction or correction purposes may purchase a copy from the transcriber, Stacy M. Baldwin by calling Realtime Court Reporter, Stacy Baldwin, RCR 907-677-6283. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Motion Requesting Redactions or Corrections of this transcript. If no such motion is filed, the transcript may be made remotely electronically available to the public without redactions or corrections after Release of Transcript Restriction deadline of 4/24/2023. Ordered by Marcia Lawry (SMB) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
47

AMENDED TRANSCRIPT of Proceedings; Oral Argument held on December 20, 2022, before Judge Joshua M. Kindred. Realtime Court Reporter: Stacy Baldwin, RCR. Any party needing a copy of the transcript to review for redaction or correction purposes may purchase a copy from the transcriber, Stacy M. Baldwin by calling Realtime Court Reporter, Stacy Baldwin, RCR 907-677-6283. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Motion Requesting Redactions or Corrections of this transcript. If no such motion is filed, the transcript may be made remotely electronically available to the public without redactions or corrections after Release of Transcript Restriction deadline of 4/24/2023. Ordered by Marcia Robinson Lowry (SMB) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
48

NOTICE Defendants' Response to Plaintiffs' Notice of Supplemental Authority by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay re 45 Notice (Other), (Robison, Christopher) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
49

MOTION to Withdraw as Attorney unopposed by Jeremiah M.. (Attachments: # 1 Proposed Order)(Regan, Mark) (Entered: 02/13/2023)

1 Proposed Order

View on PACER

Feb. 13, 2023

Feb. 13, 2023

PACER
50

ORDER granting 49 Motion to Withdraw as Attorney. Attorney Patrick D. Stocks terminated. Signed by Judge Joshua M. Kindred on 2/14/23. (LLR, CHAMBERS STAFF) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

RECAP
51

NOTICE Defendants' Notice of Supplemental Authority Pursuant to L. Civ. R. 7.1(d)(1) by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay re 23 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support (Attachments: # 1 Exhibit Haaland v. Brackeen, # 2 Exhibit Health and Hospital Corporation of Marion Cty. v. Talevski)(Robison, Christopher) (Entered: 06/19/2023)

1 Exhibit Haaland v. Brackeen

View on PACER

2 Exhibit Health and Hospital Corporation of Marion Cty. v. Talevski

View on PACER

June 19, 2023

June 19, 2023

PACER
52

NOTICE Plaintiffs' Response to Defendants' Notice of Supplemental Authority by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. re 51 Notice (Other), (Borle, Jonathan) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER
53

NOTICE of Supplemental Authority Pursuant to L. Civ. R. 7.1(d)(1) by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay re 38 Reply to Response to Motion, 23 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss and Brief in Support (Attachments: # 1 Exhibit 21-60772-CV USA v. Mississippi)(Robison, Christopher) (Entered: 09/22/2023)

1 Exhibit 21-60772-CV USA v. Mississippi

View on RECAP

Sept. 22, 2023

Sept. 22, 2023

PACER
54

NOTICE Plaintiffs' Response to Defendants' Notice of Supplemental Authority by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. re 53 Notice (Other), (Lowry, Marcia) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

RECAP
55

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS 23 : The Court sua sponte CERTIFIES THIS ORDER FOR IMMEDIATE INTERLOCUTORY APPEAL. This certification does not stay the proceedings in the district court. Should Plaintiffs wish to file a Second Amended Complaint, they shall do so within sixty (60) days of this Order. Signed by Judge Joshua M. Kindred on 9/28/2023. (SCD, COURT STAFF) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

RECAP
58

ENTERED IN ERROR - SEE Docket 59 Petition for Permission to Appeal Pursuant to 28 U.S.C. § 1292(b) . Modified on 10/13/2023 to correct docketing date (SXH, COURT STAFF). Modified on 10/13/2023 to reflect entered in error. (BJK, COURT STAFF). (Entered: 10/13/2023)

Oct. 10, 2023

Oct. 10, 2023

PACER
59

NOTICE OF INTERLOCUTORY APPEAL- Permission to Appeal by 28:1292(b) as to 55 Order,, Set Deadlines,, Terminate Motions, by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (BJK, COURT STAFF) (Entered: 10/13/2023)

Oct. 10, 2023

Oct. 10, 2023

PACER
56

Endorsed MOTION for Extension of Time to File Answer re 16 Amended Complaint by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Proposed Order)(Robison, Christopher) (Entered: 10/12/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
60

USCA Case Number 23-2726 for 59 Notice of Interlocutory Appeal, filed by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Kim Guay, Adam Crum. (SXH, COURT STAFF) (Entered: 10/13/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
57

JMK TEXT ORDER: Defendants' Unopposed Motion for an Extension of Time at Docket 56 is GRANTED. Defendants' answer to Plaintiff's First Amended Complaint is due by November 13, 2023.(SCD, COURT STAFF) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER

Order on Motion for Extension of Time to Answer

Oct. 13, 2023

Oct. 13, 2023

PACER
61

ANSWER to 16 Amended Complaint by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay.(Robison, Christopher) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
62

NOTICE of Appearance by Margaret A. Paton-Walsh on behalf of Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay (Paton-Walsh, Margaret) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
63

NOTICE of Appearance by Hannah Elizabeth Paton on behalf of All Plaintiffs (Paton, Hannah) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
64

NOTICE of Withdrawal of Danielle Ryman and Michael O'Brien by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. (Romerdahl, Elena) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
65

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 12/7/2023. (SCD, COURT STAFF) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
66

NOTICE of Appearance by Noah I Star on behalf of Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay (Star, Noah) (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

PACER
67

ORDER of USCA as to 59 Notice of Interlocutory Appeal, filed by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Kim Guay, Adam Crum. 23-2726: The State of Oregon's motion for leave to file an amicus brief in support of the petition is granted. The petition for permission to appeal is denied. See 28 U.S.C. § 1292(b). (SXH, COURT STAFF) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
68

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit 1)(Borle, Jonathan) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
69

JMK TEXT ORDER: The Court accepts the parties Rule 26(f) report filed at Docket 68 . Prior to entering a scheduling order, the Court will hold a scheduling conference to discuss the issues identified by the parties in their report. A Telephonic Scheduling Conference is set for January 9, 2024 at 1:00 PM before Judge Joshua M. Kindred. Participating parties shall attend by calling (571) 353-2301, Call ID 304675592, PIN 770432, five minutes prior to the start of the hearing.(RMC, COURT STAFF) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER

Order AND ~Util - Set Hearings

Dec. 29, 2023

Dec. 29, 2023

PACER
70

MINUTE ENTRY for proceedings held before Judge Joshua M. Kindred: Status Conference (Scheduling Conference) held telephonically at 1:05 PM to 1:18 PM on 1/9/2024. Court and counsel heard re status of case and scheduling issue. Plaintiffs not requesting production of additional records. Status Conference set for 4/2/2024 at 11:00 AM in Remote Proceeding before Joshua M. Kindred. Participating parties shall attend by calling (571) 353-2301, Call ID 304675592, PIN 770432, from a landline five minutes prior to the hearing. TELEPHONIC APPEARANCES: Marcia Robinson Lowry, Julia Tebor, Jonathan Borle, Nicholas Clark Feronti and Hannah Elizabeth Paton for Plaintiffs; Margaret A. Paton-Walsh for Defendants; Stacy M. Baldwin, Official Court Reporter. (SCD, COURT STAFF) (Entered: 01/10/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER

1 - Terminate Hearings AND Status Conference AND ~Util - Set Hearings

Jan. 10, 2024

Jan. 10, 2024

PACER
71

MOTION for Protective Order Unopposed by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Exhibit A)(Romerdahl, Elena) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

PACER
72

STIPULATION and Order Regarding Discovery of Electronically Stored Information by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V..(Romerdahl, Elena) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

PACER
73

ORDER granting 71 Motion for Protective Order. See Order for additional details. Signed by Judge Joshua M. Kindred on 1/22/2024. (SCD, COURT STAFF) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

PACER
74

ORDER re 72 Stipulation. See Order for details. Signed by Judge Joshua M. Kindred on 1/23/2024. (SCD, COURT STAFF) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

PACER
75

NOTICE of Withdrawal of Jonathan Borle by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V. (Romerdahl, Elena) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
76

JMK TEXT ORDER: Due to a conflict in the Court's calendar, the Telephonic Status Conference set for 4/2/2024 at 11:00 AM is VACATED and RESET for 4/22/2024 at 11:00 AM before Judge Joshua M. Kindred. Participating parties shall attend by calling (571) 353-2301, Call ID 304675592, PIN 770432, five minutes prior to the start of the hearing. (JDS, COURT STAFF) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER

1 - Terminate Hearings AND Order AND ~Util - Set Hearings

March 26, 2024

March 26, 2024

PACER
77

NOTICE of Withdrawal as Co-Counsel by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay (Star, Noah) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
78

MINUTE ENTRY for proceedings held before Judge Joshua M. Kindred: Status Conference held telephonically and recorded in Anchorage Courtroom 3 at 11:03 AM to 11:15 AM on 4/22/2024. Court and counsel heard re status and discovery. Court and counsel heard re proposed trial date and classification deadline. Trial by Jury set for 5/5/2025 at 9:15 AM in Anchorage Courtroom 3 before Joshua M. Kindred. Status Conference set for 6/11/2024 1:00 PM in Remote Proceeding before Joshua M. Kindred; Participating parties shall attend by calling (571) 353-2301, Call ID 304675592, PIN 770432, five minutes prior to the start of the hearing. TELEPHONIC APPEARANCES: Julia Tebor and Hannah Elizabeth Paton for Plaintiffs; Christopher Robinson and Margaret A. Paton-Walsh for Defendants.(SCD, COURT STAFF) (Entered: 04/22/2024)

April 22, 2024

April 22, 2024

PACER

1 - Terminate Hearings AND Status Conference AND ~Util - Set Hearings

April 22, 2024

April 22, 2024

PACER
79

Endorsed MOTION to Amend/Correct 61 Answer to Amended Complaint by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Proposed Order)(Robison, Christopher) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
80

JMK TEXT ORDER: Defendants' Unopposed Motion to Amend Answer 79 is GRANTED. Defendants shall file an Amended Answer as soon as practicable. (JDS, COURT STAFF) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER

Order on Motion to Amend/Correct

May 6, 2024

May 6, 2024

PACER
81

AMENDED ANSWER to 16 Amended Complaint by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Paton-Walsh, Margaret) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
82

MOTION to Compel Production by Connor B., Mary B., Lana H., Hunter M., Jeremiah M., Hannah M., Eleanor T., Gayle T., Rachel T., Damien V., David V., George V., Karen V., Lawrence V.. (Attachments: # 1 Affidavit Declaration of Marcia Robinson Lowry, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Proposed Order)(Lowry, Marcia) (Entered: 05/09/2024)

1 Affidavit Declaration of Marcia Robinson Lowry

View on RECAP

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Exhibit 9

View on PACER

11 Proposed Order

View on PACER

May 9, 2024

May 9, 2024

PACER
83

Endorsed MOTION for Extension of Time to File Response/Reply as to 82 MOTION to Compel Production by Alaska Deparment of Health and Social Services, Alaska Office of Childrens Services Inc., Adam Crum, Kim Guay. (Attachments: # 1 Proposed Order)(Paton-Walsh, Margaret) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
84

JMK TEXT ORDER: The Unopposed Motion for Extension of Time 83 is GRANTED. Defendants shall file any opposition to the Motion to Compel 82 by May 30, 2024. (HJR, COURT STAFF) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER

Order AND Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

May 24, 2024

May 24, 2024

PACER

Case Details

State / Territory: Alaska

Case Type(s):

Child Welfare

Disability Rights

Public Benefits/Government Services

Key Dates

Filing Date: May 19, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A proposed class of all children whom the Alaska Office of Children's Services has or will have legal responsibility over and are or will be in its legal and physical custody, and three proposed subclasses: (1) Alaska Native children who are entitled to ICWA protection (Alaska Native subclass), (2) children residing in a kinship foster home who meet the criteria to receive foster care maintenance payments (kinship subclass), and (3) foster care children who experience physical, cognitive, and psychiatric disabilities (ADA subclass).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Office of Children's Services, State

Department of Health and Social Services, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

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.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to supervise

Failure to train

Foster care (benefits, training)

Funding

Government services

Housing

Individualized planning

Juveniles

Neglect by staff

Pattern or Practice

Payment for care

Public assistance grants

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

Reassessment and care planning

Rehabilitation

Benefits (Source):

Adoption Assistance and Child Welfare Act

Disability and Disability Rights:

Disability, unspecified

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Race(s):

American Indian/Alaskan Native

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Protective custody