Resource: Elisa W. v. City of New York

By: National Center for Youth Law

January 27, 2017

National Center for Youth Law

Plaintiffs (nineteen children in foster care and the Public Advocate of New York) filed a case against New York City, the New York City Administration for Children’s Services (ACS), New York State, and the New York State Office of Children and Family Services (OCFS), under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2002. Plaintiffs alleged that defendants caused irreparable harm to the plaintiff class by failing to protect children in ACS’s custody from maltreatment, failing to provide children with permanent homes and families, and failing to provide adequate foster placements, services, case worker attention, and permanency planning. Plaintiffs alleged defendants’ actions were in violation of the First, Ninth and Fourteenth Amendments to the U.S. Constitution, the Adoption Assistance and Child Welfare Act of 1980 (42 U.S.C. § 670) and state laws on timely and adequate provision of adoption and foster case management services.

https://youthlaw.org/case/elisa-w-v-city-new-york/