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Case: Marisol A. v. Giuliani

1:95-cv-10533 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 13, 1995

Closed Date: Aug. 6, 2018

Clearinghouse coding complete

Case Summary

This federal class action was brought by children in the custody of the New York City Child Welfare Administration ("CWA"), and children who, while not in the custody of CWA, are or will be at risk of abuse or neglect and whose status is known or should be known to CWA. It was filed on December 13, 1995 in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights Inc., Lawyers for Children, and private counsel, sought class certification, …

This federal class action was brought by children in the custody of the New York City Child Welfare Administration ("CWA"), and children who, while not in the custody of CWA, are or will be at risk of abuse or neglect and whose status is known or should be known to CWA. It was filed on December 13, 1995 in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights Inc., Lawyers for Children, and private counsel, sought class certification, declaratory and injunctive relief against both the city and the state (collectively, the defendants). The plaintiffs claimed that the defendants violated the First, Eighth, and Fourteenth Amendments, the Adoption Assistance and Child Welfare Act of 1980, the Child Abuse Prevention and Treatment Act, the Early and Periodic Screening, Diagnosis and Treatment program of the Medicaid Act, the Multiethnic Placement Act of 1994, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and state law.

Specifically, the plaintiffs contend that the defendants systematically:

  • failed to protect the plaintiffs from abuse and neglect and to provide them and their families with appropriate, legally required services;

  • failed to appropriately accept reports of child abuse and neglect for investigation;

  • failed to investigate those reports of child abuse and neglect that are accepted in the time and manner required by law;

  • failed to provide mandated pre-placement preventive services to enable children at risk of being placed in foster care to remain at home safely with their families whenever possible;

  • failed to provide children in need of foster care placement with the least restrictive, most family-like placements designed to meet their individual needs;

  • failed to provide foster children, their birth families and their foster families with the services that are essential to ensuring that the children do not deteriorate in CWA's custody;

  • failed to provide foster children with disabilities with placements and services appropriate to their individual needs and necessary to allow these children fully to participate in the City's child welfare system;

  • failed to provide foster children with appropriate case management, case plans and services;

  • failed to provide children for whom adoption is appropriate with services necessary to ensure that they are adopted quickly;

  • failed to provide teenage children who will leave the foster care system to live on their own with services adequate to prepare them to live independently;

  • failed to provide foster children with the administrative, judicial and dispositional reviews to which they are legally entitled;

  • failed to provide caseworkers with sufficient training, support and supervision; and

  • failed to maintain an adequate information system to monitor, track and plan for children, and to manage the child welfare system effectively.
As a result of these systemic deficiencies, the plaintiffs contended that the defendants jeopardized their well being.

On June 18, 1996, District Judge Robert J. Ward certified a class of children in foster care and those reported to be abused or neglected. The court also denied the defendants' motion to dismiss, interpreting children's constitutional right to protection from harm to include harm that results from unnecessary separation from parents and from extended stays in foster care without a permanent family. Marisol A. v. Giuliani, 929 F. Supp. 662 (1996). Some procedural skirmishes dealing with the defendants' interlocutory appeal followed. On September 26, 1997, the Second Circuit affirmed the district court's certification of the plaintiff class and directed that the district judge divide the classes into subclasses for organizational and management purposes. Marisol A. v Giuliani, 126 F.3d 372 (2d Cir. 1997).

In July of 1998, the parties began settlement negotiations. Over the objections of would-be intervenors representing a subclass of gay, lesbian, bisexual, and transgender youths in the custody of the city agency, the court approved separate settlement agreements with the city and the state defendants in March 1999. Marisol A. v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1999). Objectors appealed, but on July 10, 2000, the Second Circuit Court of Appeals affirmed the district court's approval of both the city and state settlement agreements. Joel A. v. Giuliani, 218 F.3d 132 (2d Cir. 2000).

The class action settlement required the city to use independent outside child welfare experts to guide and assist it in undertaking systemic reform. The advisory panel had complete access to all aspects of the city's child welfare agency, and was empowered to provide recommendations, issue progress reports on the status of the reform effort, and determine whether the city is acting in good faith in implementing systemic reform. The city settlement was successfully concluded in 2001.

The plaintiffs returned to court in January 2001, seeking an order directing compliance by the state with specific terms of the state settlement agreement. The areas of alleged noncompliance included the failure to implement a statewide child welfare management information system. After an August 2001 evidentiary hearing, the court granted the plaintiffs' motion in part, holding that the state had acted with insufficient diligence in implementing the information management system. Marisol A. ex re. Forbes v. Giuliani, 157 F. Supp. 2d 303 (S.D.N.Y. 2001). Judge Ward extended the term of the agreement in this area, and directed that the state file semi-annual reports with the plaintiffs until the Court determined that the state had fully complied with the relevant portions of the agreement.

Very little activity appears in the docket after that ruling. The state filed a report required by the settlement agreement in July 2008, and then there was nearly a 10-year gap. In 2017, the case was reassigned to Judge George Daniels and then Magistrate Judge Katharine H. Parker. Also, the New York State Office of Children and Family Services (“OCFS”) filed one of its required semi-annual reports stating that OCFS was taking reasonable efforts to develop and implement a diligent and sufficient information management system for child welfare needs.

A status conference was held on July 26, 2018. After that conference, the court issued an order relinquishing its jurisdiction over that portion of the settlement agreement on August 6. Since the other parts of the settlement had terminated in 2001, the case is now closed.

Summary Authors

Alice Liu (5/19/2013)

Sean Whetstone (5/17/2018)

Alex Moody (4/12/2020)

Related Cases

Wilder v. Bernstein, Southern District of New York (1973)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7458316/parties/marisol-a-v-rudolph-giuliani/


Judge(s)

Daniels, George B. (New York)

Duffy, Kevin Thomas (New York)

Eaton, Douglas F. (New York)

Feinberg, Wilfred (New York)

Leval, Pierre Nelson (New York)

Parker, Katherine H. (New York)

Walker, John Mercer Jr. (New York)

Ward, Robert Joseph (New York)

Attorneys(s) for Plaintiff

Best, Landis (New York)

Brodsky, David M. (New York)

Judge(s)

Daniels, George B. (New York)

Duffy, Kevin Thomas (New York)

Eaton, Douglas F. (New York)

Feinberg, Wilfred (New York)

Leval, Pierre Nelson (New York)

Parker, Katherine H. (New York)

Walker, John Mercer Jr. (New York)

Ward, Robert Joseph (New York)

Attorneys(s) for Plaintiff

Best, Landis (New York)

Brodsky, David M. (New York)

Curnin, Thomas F. (New York)

Dembrow, Ira J. (New York)

Falcone, Marc (New York)

Firestein, Rose E. (New York)

Freedman, Karen J. (New York)

Kimura, Rebecca Kim (New York)

Kirklin, John E. (New York)

Lambiase, Susan (New York)

Leffell, Daniel J. (New York)

Lerner, Gayle (New York)

Levine, Craig (New York)

Lowry, Marcia Robinson (New York)

Marcus, Carol A. (New York)

Murdock, Kim E. (New York)

Nothenberg, Shirim (New York)

Park, Anne Y. (New York)

Peters, Mark G. (New York)

Powell, Jeffrey K. (New York)

Shull, Robert (New York)

Stone, Martha (New York)

Vash, Serina (New York)

Velona, Jess A. (New York)

Attorneys(s) for Defendant

Bansal, Preeta D. (New York)

Belohlavek, Michael S. (New York)

Billet, Barbara G. (New York)

Bristow, William (New York)

Caputo, Francis F. (New York)

Connolly, Steven M. (New York)

Crotty, Paul Austin (New York)

Forte, Robert E. (New York)

Goldstein, Stephanie Freeman (New York)

Goodman, Grace (New York)

Hess, Michael D. (New York)

Hughes, Thomas D. (New York)

Kramer, Judith T. (New York)

Popkin, Michael S. (New York)

Rubin, Gail (New York)

Seidman, Phyllis (New York)

Sonnenshein, Larry A. (New York)

Spitzer, Eliot (New York)

Vacco, Dennis C. (New York)

Woods, John (New York)

Younkins, Ronald (New York)

Other Attorney(s)

Abrams, Floyd (New York)

Buchalter, Samantha Leigh (New York)

Cook, Victoria (New York)

Davis, Richard J. (New York)

Goldberg, Janet L. (New York)

Lasdon, Douglas (New York)

Pumo, David (New York)

Sherman, Jonathan (New York)

Wang, Mariann Meier (New York)

Wolff, Tobias B. (New York)

Yale, Harris J. (New York)

Expert/Monitor/Master

Drinane, Monica (New York)

Greenberg, Daniel L. (New York)

McNally, Kay G. (New York)

Rosenbloom, Nancy (New York)

Documents in the Clearinghouse

Document

1:95-cv-10533

Docket [PACER]

Aug. 6, 2018

Aug. 6, 2018

Docket
1

1:95-cv-10533

Complaint for Declaratory and Injunctive Relief, Class Action

Dec. 13, 1995

Dec. 13, 1995

Complaint
34

1:95-cv-10533

Memorandum and Order

March 1, 1996

March 1, 1996

Order/Opinion
45

1:95-cv-10533

Opinion

June 18, 1996

June 18, 1996

Order/Opinion
48

1:95-cv-10533

Memorandum and Order

July 26, 1996

July 26, 1996

Order/Opinion
51

1:95-cv-10533

Memorandum and Order

Aug. 12, 1996

Aug. 12, 1996

Order/Opinion

96-09132

Opinion

U. S. Court of Appeals for the Second Circuit

Dec. 10, 1996

Dec. 10, 1996

Order/Opinion
97

1:95-cv-10533

Memorandum Decision

May 8, 1997

May 8, 1997

Order/Opinion

96-01424

Ruling on Petition for Writ of Certiorari

Supreme Court of the United States

May 12, 1997

May 12, 1997

Order/Opinion
110

1:95-cv-10533

Memorandum and Order

June 24, 1997

June 24, 1997

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7458316/marisol-a-v-rudolph-giuliani/

Last updated Sept. 8, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120 RECEIPT # 252080 (sc) (Entered: 12/14/1995)

Dec. 13, 1995

Dec. 13, 1995

Clearinghouse

CASE REFERRED TO Judge Ward (sc)

Dec. 13, 1995

Dec. 13, 1995

PACER
2

NOTICE OF MOTION by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. for class certification, Return date 1/4/96 (cd) (Entered: 12/20/1995)

Dec. 14, 1995

Dec. 14, 1995

PACER
3

MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in support of [2-1] motion for class certification (cd) (Entered: 12/20/1995)

Dec. 14, 1995

Dec. 14, 1995

PACER
4

Notice of asg _ to Judge Robert J. Ward Copy of notice and judge's rules mailed to Attorney(s) of record: Karen J. Freedman, Marcia Robinson Lowry . (sc) (Entered: 12/21/1995)

Dec. 21, 1995

Dec. 21, 1995

PACER

Case accepted as related to 78 Cv 0957. Notice of assignment to follow. (sc)

Dec. 21, 1995

Dec. 21, 1995

PACER
5

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge Grubin. (sc) (Entered: 12/26/1995)

Dec. 26, 1995

Dec. 26, 1995

PACER

Pre-trial conference held (emil)

Dec. 26, 1995

Dec. 26, 1995

PACER
6

NOTICE OF MOTION by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, or, in the alternative declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law, Return date 2/12/96 (emil) (Entered: 02/05/1996)

Jan. 31, 1996

Jan. 31, 1996

PACER
7

MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support of [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law (emil) (Entered: 02/05/1996)

Jan. 31, 1996

Jan. 31, 1996

PACER
8

MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in opposition to class certification (emil) (Entered: 02/05/1996)

Jan. 31, 1996

Jan. 31, 1996

PACER
9

NOTICE OF MOTION by Rudolph W. Giuliani et al (city defts) for an order modifying the TRO of 1/19/96, Return date 1/26/96 (cd) (Entered: 02/06/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
10

MEMORANDUM by Rudolph W. Giuliani etal (city defts) in support of [9-1] motion for an order modifying the TRO of 1/19/96 (cd) (Entered: 02/06/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
11

MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in opposition to [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law. Fld in night deposit on 2/5/96 on 7:51 p.m. (emil) (Entered: 02/07/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
12

MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in opposition to [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law (emil) (Entered: 02/09/1996)

Feb. 6, 1996

Feb. 6, 1996

PACER
13

NOTICE OF MOTION by George E. Pataki, Brian J. Wing purs. to Rule 12(b)(6) of the FRCP, to dismiss the complaint in part, Return date 2/12/96 (emil) (Entered: 02/15/1996)

Feb. 13, 1996

Feb. 13, 1996

PACER
14

MEMORANDUM by George E. Pataki, Brian J. Wing in support of [13-1] motion purs. to Rule 12(b)(6) of the FRCP, to dismiss the complaint in part (emil) (Entered: 02/15/1996)

Feb. 13, 1996

Feb. 13, 1996

PACER
15

MEMORANDUM by George E. Pataki, Brian J. Wing in opposition to [2-1] motion for class certification (emil) (Entered: 02/15/1996)

Feb. 13, 1996

Feb. 13, 1996

PACER
16

NOTICE OF MOTION by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, or, in the alternative for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety, Return date 3/4/96 (emil) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

PACER
17

MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support of [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety (emil) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

PACER
18

AFFIRMATION of Grace Goodman by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support Re: [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for of Documents in its entirety (emil) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

PACER
19

MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in opposition to [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety. Fld in night deposit on 2/20/96 at 10:47 p.m. (emil) (Entered: 02/22/1996)

Feb. 20, 1996

Feb. 20, 1996

PACER
20

REPLY MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in support re: [2-1] motion for class certification. Fld in night deposit on 2/20/96 at 10:48 p.m. (emil) (Entered: 02/22/1996)

Feb. 20, 1996

Feb. 20, 1996

PACER
21

AFFIDAVIT in support of Marcia Robinson Lowry by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. Re: [20-1] reply memorandum. Fld in night deposit on 2/20/96 at 10:48 p.m. (emil) (Entered: 02/22/1996)

Feb. 20, 1996

Feb. 20, 1996

PACER
22

AFFIDAVIT (corrected copy) in support of Marcia Robinson Lowry by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. Re: [20-1] reply memorandum. Fld in night deposit on 2/21/96 at 9:08 p.m. (emil) (Entered: 02/23/1996)

Feb. 21, 1996

Feb. 21, 1996

PACER
24

REPLY MEMORANDUM by George E. Pataki, Brian J. Wing in support re: [13-1] motion purs. to Rule 12(b)(6) of the FRCP, to the complaint in part (emil) (Entered: 02/23/1996)

Feb. 21, 1996

Feb. 21, 1996

PACER
23

REPLY MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support re: [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law (emil) (Entered: 02/23/1996)

Feb. 22, 1996

Feb. 22, 1996

PACER
26

NOTICE OF MOTION by George E. Pataki, Brian J. Wing purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, for a protective order purs. to FRCP 26(c) vacating pltff's Second Request for Production of Documents in its entirety, Return date 3/4/96. Affirmation in support attached. (emil) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

PACER
25

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Eaton. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Karen J. Freedman, Marcia Robinson Lowry . (sc) (Entered: 02/26/1996)

Feb. 26, 1996

Feb. 26, 1996

PACER
27

ORDER TO SHOW CAUSE; Show Cause Hearing set for 10:00 2/28/96 purs. to Rule 24 of the FRCP, for an order granting Court TV leave to intervene in this case for the limited purposes of (a) seeking to persuade this Court that Court TV may televise the 3/4/96 oral argument on pltffs' motion for class certification and defts' pretrial motions to dismiss and (b) obtaining the Court's written permission purs. to General Rule 7 of the Local Rules of this Court to televise the oral arguments scheduled for 3/4/96 ( signed by Judge John E. Sprizzo, Part I ); Copies mailed. (emil) (Entered: 02/26/1996)

Feb. 26, 1996

Feb. 26, 1996

PACER
28

MEMORANDUM by Court TV in support of [27-1] motion purs. to Rule 24 of the FRCP, for an order granting Court TV leave to intervene in this case for the limited purposes of (a) seeking to persuade this Court that Court TV may televise the 3/4/96 oral argument on pltffs' motion for class certification and defts' pretrial motions to dismiss and (b) obtaining the Court's written permission purs. to General Rule 7 of the Local Rules of this Court to televise the oral arguments scheduled for 3/4/96 (emil) (Entered: 02/26/1996)

Feb. 26, 1996

Feb. 26, 1996

PACER
29

Affidavit of Service of Order to Show Cause and supporting papers upon the following: NYC Law Dept. by Grace Goodman, Esq. 2/23/96; Office of NYS Atty. Gen., by Ronald Younkins on 2/23/96; Lawyers for Children, Inc. by Karen Freedman on 2/23/96; Children's Rights, Inc. by Robinson on 2/23/96. (emil) Modified on 02/27/1996 (Entered: 02/27/1996)

Feb. 26, 1996

Feb. 26, 1996

PACER
30

Affidavit of Service of Order to Show Cause and Letter of Jonathan Sherman dated 2/26/96 upon the following: Office of the Atty. Gen. by Ronald Younkins on 2/26/96; Lawyers for Children, Inc. by Karen Freedman on 2/26/96; Corp. Counsel of the City of NY by Grace Goodman on 2/26/96; Children's Rights, Inc. by Marcia Robinson Lowry on 2/26/96 (emil) (Entered: 02/28/1996)

Feb. 27, 1996

Feb. 27, 1996

PACER
31

Reply affirmation of Grace Goodman by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support of [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety (emil) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
32

REPLY MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft in support re: [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for of Documents in its entirety (emil) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER

Motion hearing held re: [27-1] motion purs. to Rule 24 of the FRCP, for an order granting Court TV leave to intervene in this case for the limited purposes of (a) seeking to persuade this Court that Court TV may televise the 3/4/96 oral argument on pltffs' motion for class certification and defts' pretrial motions to dismiss and (b) obtaining the Court's written permission purs. to General Rule 7 of the Local Rules of this Court to televise the oral arguments scheduled for 3/4/96; decision reserved. (emil)

Feb. 28, 1996

Feb. 28, 1996

PACER
35

SUR-REPLY by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., H., Stephen I. Re: in opposition to defts' motions to bifurcate this action and to stay class-wide discovery. (emil) (Entered: 03/04/1996)

Feb. 29, 1996

Feb. 29, 1996

PACER
33

DECLARATION of Lorna Bade Goodman in opposition by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft [27-1] motion purs. to Rule 24 of the FRCP, for an order granting Court TV leave intervene in this case for the limited purposes of (a) seeking to persuade this Court that Court TV may televise the 3/4/96 oral argument on pltffs' motion for class certification and defts' pretrial motions to dismiss and obtaining the Court's written permission purs. to General Rule 7 of the Local Rules of this Court to televise the arguments scheduled for 3/4/96 (emil) (Entered: 03/01/1996)

March 1, 1996

March 1, 1996

PACER
34

MEMORANDUM & ORDER granting in part, mooting in part [27-1] motion purs. to Rule 24 of the FRCP, for an order granting Court leave to intervene in this case for the limited purposes of (a) seeking to persuade this Court that Court TV may televise the 3/4/96 oral argument on pltffs' motion for class certification and defts' pretrial motions to dismiss and (b) obtaining the Court's written permission purs. to General Rule 7 of the Local Rules of this Court to televise the oral arguments scheduled for 3/4/96, Inasmuch as the Court heard counsel for the Proposed Intervenor on 2/28/96, the portion of the motion seeking to intervene is moot. For the reasons stated in this Order, the portion of the motion seeking to televise the March 4 Argument is granted ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

Clearinghouse
36

NOTICE of attorney appearance (as co-counsel) for Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. by Thomas F. (emil) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

PACER

Memo endorsed on Order to Show Cause, doc. #27; motion disposed of in accordance w/ memorandum and order filed herewith ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

March 1, 1996

March 1, 1996

PACER

Motion hearing re: [26-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [26-2] motion for a protective order purs. to FRCP 26(c) vacating pltff's Second Request for Production of Documents in its entirety, [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety, [13-1] motion purs. to Rule 12(b)(6) of the FRCP, to dismiss the complaint in part, [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law, [2-1] motion for class certification (emil)

March 4, 1996

March 4, 1996

PACER
37

AFFIRMATION of Grace Goodman by Rudolph W. Giuliani, Marva Livingston Hammons, Kathryn Croft Re: to suggest on the record the death of pltff "Lawrence B." (emil) (Entered: 03/06/1996)

March 5, 1996

March 5, 1996

PACER
38

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes only when Dist. Judge is unavailable ( signed by Judge Robert J. Ward ) Referred to Magistrate Judge Douglas F. Eaton (emil) (Entered: 03/08/1996)

March 7, 1996

March 7, 1996

PACER
39

ORDER, Nicholas Scoppetta, in his official capacity as Commissioner of the New York City Administration for Children's Services, is substituted as a deft for Kathryn Croft. The NYC Child Welfare Administration having been renamed the NYC Administration for Children's Services, effective 2/12/96, all references in the parties' submissions to either the Child Welfare Administration or the Administration for Children's Services shall be considered inclusive ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 03/12/1996)

March 12, 1996

March 12, 1996

PACER

Pre-trial conference held (emil)

March 21, 1996

March 21, 1996

PACER
40

Letter filed dated 4/9/96 re change of address of Children's Rights, Inc., counsel for pltffs. (emil) Modified on 04/11/1996 (Entered: 04/11/1996)

April 10, 1996

April 10, 1996

PACER
41

Letter filed by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. dated 4/29/96 re new telephone number for Children's Rights, Inc., counsel for pltff. (emil) (Entered: 05/03/1996)

May 1, 1996

May 1, 1996

PACER
42

Transcript of record of proceedings filed for dates of 3/21/96 (emil) (Entered: 05/09/1996)

May 8, 1996

May 8, 1996

PACER
43

Transcript of record of proceedings filed for dates of 2/28/96 (emil) (Entered: 05/09/1996)

May 8, 1996

May 8, 1996

PACER
44

PROTECTIVE ORDER, regarding procedures that will govern the handling of individually-identifying information (as detailed in this order) ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 05/15/1996)

May 14, 1996

May 14, 1996

PACER
45

MEMORANDUM OPINION #76777 denying [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases; denying [13-1] motion purs. to Rule 12(b)(6) of the FRCP, to dismiss the complaint in part; denying [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted; granting [2-1] motion for class certification, defts' motions to dismiss are denied to the extent that (1) custodial pltffs may pursue their substantive due process claims based on alleged violations of their right to be free from harm and all pltffs may pursue their procedural due process claims based on alleged violations of various provision of New York's Child Protective Services laws, codified at Title 6 of Article 6 of the New York Social Services Law; (2) pltffs may pursue their federal statutory claims based on the Adoption Assistance and Child Welfare Act, including the provision herein referred to as the Multiethnic Placement Act, the Child Abuse Prevention and Treatment Act, the Americans w/ Disabilities Act, and the Rehabilitation Act; and (3) pltffs may pursue their state law claims ( Signed by Judge Robert J. Ward ); Copies mailed. (emil) (Entered: 06/19/1996)

June 18, 1996

June 18, 1996

Clearinghouse

Memo endorsed on motion; granting [2-1] motion for class certification ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

June 18, 1996

June 18, 1996

PACER

Memo endorsed on motion; denying [6-1] motion purs. to FRCP 12(b)(6), to dismiss portions of the First Cause of Action and the Second, Third, Fourth, Sixth, Seventh, and Eighth Causes of Action in the complaint in their entirety for failure to state a claim upon which relief can be granted, denying [6-2] motion declining to exercise pendant jurisdiction over, or abstaining from deciding, the Seventh and Eighth Causes of Action in the complaint, which are based on alleged violations of state law ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

June 18, 1996

June 18, 1996

PACER

Memo endorsed on motion; denying [16-1] motion purs. to FRCP 42(b), to bifurcate the discovery and trial of this action into two phases, denying [16-2] motion for a protective order purs. to FRCP 26(c) vacating Pltffs' Second Request for Production of Documents in its entirety ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

June 18, 1996

June 18, 1996

PACER

Memo endorsed on motion; denying [13-1] motion purs. to Rule 12(b)(6) of the FRCP, to dismiss the complaint in part ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

June 18, 1996

June 18, 1996

PACER
46

ORDER, regarding resolution of the following motions: City and State defts' motions to dismiss, that the court decline to exercise its supplemental jurisdiction, that pltff's state law claims be deemed nonjusticiable, and that the court abstain; City defts' motion to bifurcate the proceedings; and pltffs' motion for class certification ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 07/05/1996)

July 3, 1996

July 3, 1996

PACER

Pre-trial conference held (emil)

July 3, 1996

July 3, 1996

PACER
47

Transcript of record of proceedings filed for dates of 3/4/96 (emil) (Entered: 07/11/1996)

July 9, 1996

July 9, 1996

PACER
48

MEMORANDUM & ORDER, the City defts' application purs. to 28 USC 1292(b) for certification for interlocutory appeal of this Court's order certifying this case as a class action is granted ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 07/26/1996)

July 26, 1996

July 26, 1996

Clearinghouse
49

STIPULATION, extending time for City and State defts to Answer to the complaint is extended to 8/16/96, reset answer due for 8/16/96 for Nicholas Scoppetta, for Brian J. Wing, for George E. Pataki, for Marva Livingston Hammons, for Rudolph W. Giuliani ( signed by Judge Robert J. Ward ). (kg) (Entered: 08/02/1996)

Aug. 2, 1996

Aug. 2, 1996

PACER
50

STIPULATION and ORDER, the parties to this action agree that the State Defts are deemed to have joined in the City Defts' application to certify the Court's Order, dated 7/3/96, for immediate appeal purs. to 28 USC 1292(b); and the State Defts shall have leave, along w/ the City Defts, to pursue said interlocutory appeal, under the terms of the Court's Order, dated 7/26/96, granting the City Defts' application. The State Defts participation in that Order shall be nunc pro tunc, and no deadline established by the Court's 7/26/96 Order shall be extended by virtue of this Stip ( signed by Judge Robert J. Ward ). (emil) (Entered: 08/08/1996)

Aug. 7, 1996

Aug. 7, 1996

PACER

Pre-trial conference held (emil)

Aug. 8, 1996

Aug. 8, 1996

PACER
51

MEMORANDUM & ORDER, defts' application purs. to 28 USC 1292(b) for certification for interlocutory appeal of this Court's order certifying this case as a class action is granted. Upon their consent, defts are directed to file their petition for permission to appeal w/ the clerk of the court of appeals within three business days from the date of this order ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 08/12/1996)

Aug. 12, 1996

Aug. 12, 1996

Clearinghouse
52

ANSWER to Complaint by Rudolph W. Giuliani, Marva Livingston Hammons, Nicholas Scoppetta (Attorney Grace Goodman) (emil) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
53

NOTICE by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. to take deposition of NYC Administration for Children's Services on 9/9/96; subpoena(s) issued. (emil) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
54

NOTICE by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. to take deposition of Dept. of Social Services of the State of NY on 9/5/96; subpoena(s) issued. (emil) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
55

ANSWER to Complaint by George E. Pataki, Brian J. Wing (Attorney Michael S. Popkin) (emil) (Entered: 08/23/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
56

NOTICE OF MOTION by Rudolph W. Giuliani, Marva Livingston Hammons purs. to FRCP 62 and 26(c), for a stay of classwide discovery pending determination of the appeal of this Court's order granting certification of a class, Return date 9/24/96. Declaration in support attached. (emil) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
57

MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons in support of [56-1] motion purs. to FRCP 62 and 26(c), for a stay of classwide discovery pending determination of the appeal of this Court's order granting certification of a class (emil) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
58

True Copy of Order from the USCA as to George E. Pataki, Brian J. Wing RE: Motion for leave to appeal under 28 U.S.C. 1292 (b): It is hereby ordered that the motion be and it hereby is granted. (96-9134). GEORGE LANGE III, Clerk, U.S.C.A. (Construed as a Notice of Appeal. Fee paid $105.00 on 9/11/96, Receipt # E270377). (em) Modified on 09/12/1996 (Entered: 09/12/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
59

True Copy of Order from the USCA as to Nicholas Scoppetta RE: Motion for permission to appeal pursuant to 28 U.S.C. 1292(b). It is hereby ordered that the motion be and it hereby is granted. (96-9132 and 96-8036). (Construed as a Notice of Appeal). GEORGE LANGE III, Clerk, U.S.C.A. (em) (Entered: 09/24/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
60

MEMORANDUM by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. in opposition to [56-1] motion purs. to FRCP 62 and 26(c), for a stay of classwide discovery pending determination of the appeal of this Court's order granting certification of a class (emil) (Entered: 10/04/1996)

Oct. 2, 1996

Oct. 2, 1996

PACER
61

Transcript of record of proceedings filed for dates of 8/8/96 (emil) (Entered: 10/08/1996)

Oct. 7, 1996

Oct. 7, 1996

PACER
62

NOTICE OF MOTION by The New York City Chapter of the National Association of Social Workers for an order allowing The NYC Chapter of the Nat'l Association of Social Workers to appear as an amicus curiae in this action, Return date 11/1/96 (emil) (Entered: 10/09/1996)

Oct. 8, 1996

Oct. 8, 1996

PACER
63

MEMORANDUM by NYC Chapter of the Nat'l Association of Social Workers in support of [62-1] motion for an order allowing The NYC Chapter of the Nat'l Association of Social Workers to appear as an amicus curiae in this action (emil) (Entered: 10/09/1996)

Oct. 8, 1996

Oct. 8, 1996

PACER
64

DECLARATION of Deborah K. Shepherd on behalf of NYC Chapter of the Nat'l Association of Social Worker in support [62-1] motion for an order allowing The NYC Chapter of the Nat'l Association of Social Workers to appear as an amicus curiae in this action (emil) (Entered: 10/09/1996)

Oct. 8, 1996

Oct. 8, 1996

PACER
65

REPLY MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons in support re: [56-1] motion purs. to FRCP 62 and 26(c), for stay of classwide discovery pending determination of the appeal of this Court's order granting certification of a class. (Received in unit for docketing on 10/16/96 from 500 Pearl St.) (emil) (Entered: 10/16/1996)

Oct. 9, 1996

Oct. 9, 1996

PACER

Pre-trial conference held (emil)

Oct. 9, 1996

Oct. 9, 1996

PACER

Memo endorsed on motion; denying [56-1] motion purs. to FRCP 62 and 26(c), for a stay of classwide discovery pending determination of the appeal of this Court's order granting certification of a class, discovery shall proceed in accordance w/ the oral direction of the Court as set forth in open court ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

Oct. 10, 1996

Oct. 10, 1996

PACER
66

Letter filed addressed to Judge Ward from Terrence J. Galligan, dated 10/11/96 re withdrawal of NYC NASW's motion and supporting memorandum filed on 10/8/96 (emil) Modified on 10/16/1996 (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER
67

Letter filed addressed to Judge Ward from Craig Levine dated 10/15/96 re request that the Court enter a stip & order regarding letters to be added to the record (emil) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER
68

Letter filed addressed to Judge Ward from Grace Goodman, dated 4/5/96 re: response to pltff's letter dated 4/2/96, concerning the deceased pltff Lawrence B (emil) (Entered: 10/17/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER

Memo endorsed on motion; withdrawing [62-1] motion for an order allowing The NYC Chapter of the Nat'l Association of Social Workers to appear as an amicus curiae in this action ( signed by Judge Robert J. Ward ); Copies mailed. (emil)

Oct. 16, 1996

Oct. 16, 1996

PACER
69

Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals (emil) (Entered: 10/30/1996)

Oct. 28, 1996

Oct. 28, 1996

PACER
70

Copy of Letter addressed to Judge Ward from Steven M. Conolly, dated 2/13/96. (Docketed as Stip & Order of Judge Ward) (emil) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER

Pre-trial conference held (emil)

Nov. 22, 1996

Nov. 22, 1996

PACER
71

Transcript of record of proceedings filed for dates of 10/9/96 (emil) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

PACER

Pre-trial conference held (emil)

Dec. 16, 1996

Dec. 16, 1996

PACER
72

Transcript of record of proceedings before Judge Ward filed for dates of 11/22/96 (ls) (Entered: 01/02/1997)

Jan. 2, 1997

Jan. 2, 1997

PACER
73

Filed Memo-Endorsement on letter to USMJ, Francis from dated 12/26/96, In Re: extending time....pltff shall answer by 1/31/97 and defts may reply by 2/14/97. Pltff shall send copies of all correspondence to defts' counsel ( signed by Magistrate Judge James C. Francis IV ) (kg) (Entered: 01/06/1997)

Jan. 3, 1997

Jan. 3, 1997

PACER
74

STIPULATION and ORDER, extending time to 1/31/97 for defts to respond to pltffs' Second Requests for Admissions ( signed by Judge Robert J. Ward ). (emil) (Entered: 01/17/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER
75

STIPULATION and ORDER, a jointly selected Case Review Team, agreed upon by the parties, is appointed by the Court to conduct a case record review. The Case Review Team consists of the Center for the Study of Social Policy, the United Way of New York City, and a designee of the NYS Dept. of Social Services who shall act w/ absolute neutrality in the conduct of this case record review and not as a representative of the state defts ( signed by Judge Robert J. Ward ). (emil) (Entered: 01/29/1997)

Jan. 29, 1997

Jan. 29, 1997

PACER
76

Transcript of record of proceedings filed for dates of 12/16/96 (emil) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

PACER

Pre-trial conference held (emil)

Feb. 11, 1997

Feb. 11, 1997

PACER
77

STIPULATION and ORDER, inadvertent production of any documents that would be subject to a claim of privilege will not be deemed a waiver of that privilege, and the party receiving such a document shall return it promptly upon its identification as privileged, without making a copy ( signed by Judge Robert J. Ward ). (emil) (Entered: 02/25/1997)

Feb. 24, 1997

Feb. 24, 1997

PACER

Pre-trial conference held (emil)

March 7, 1997

March 7, 1997

PACER
78

SCHEDULING ORDER: Discovery cutoff 10/1/97; Joint Pretrial Order or motion(s) for summary judgment to be submitted on or before 10/31/97; in the event any pltff fails to comply w/ the Court's direction, or to seek an extension by timely application, the Court on its own motion will dismiss pltff's claim for lack of prosecution. In the event that any deft fails to comply w/ this or any subsequent scheduling order or to seek an extension by timely application, the deft's answer will be stricken, and the Court shall enter appropriate injunctive relief in favor of pltffs and against such deft upon a default judgment ( signed by Judge Robert J. Ward ); Copies mailed (emil) (Entered: 03/11/1997)

March 10, 1997

March 10, 1997

PACER
79

ORDER, the Clerk of the Court is to accept the funds (for case record review) for deposit and subsequently transfer them to the CRIS, interest bearing account in the name of "Marisol v. Giuliani Case Record Review". The Clerk of the Court shall deduct from the income on the investment a fee not exceeding the fee authorized by the Judicial Conference of the U.S. and set by the Director of the Administrative Office equal to 10% of the income earned for deduction in the investment so held without further order of the Court. Withdrawal of the funds may only be effected by further order of this Court ( signed by Judge Robert J. Ward ); Copies mailed. Sent to Cashier's Office on 3/11/97. (emil) (Entered: 03/11/1997)

March 10, 1997

March 10, 1997

PACER
80

STIPULATION and ORDER, regarding the integrity of records included in the joint case record review. ( signed by Judge Robert J. Ward ). (kg) (Entered: 03/14/1997)

March 14, 1997

March 14, 1997

PACER

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 1995

Closing Date: Aug. 6, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who are in the custody of the New York City Child Welfare Administration ("CWA"), and those children who, while not in the custody of CWA, are at risk of neglect or abuse and whose status is known or should be known to CWA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mayor of the City of New York, City

Governor of the State of New York, State

New York City Administration of Children’s Services, City

New York State Office of Children and Family Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

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

State law

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 2018

Content of Injunction:

Recordkeeping

Auditing

Monitoring

Issues

General:

Adoption

Classification / placement

Education

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Neglect by staff

Pattern or Practice

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

Record-keeping

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

Least restrictive environment

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Benefit Source:

Adoption Assistance and Child Welfare Act