Case: Grant v. Cuomo

25168/85 | New York state trial court

Filed Date: Oct. 28, 1985

Closed Date: 1988

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Case Summary

On October 28, 1985, New York City families with children at risk of removal to foster care, along with non-profit institutions dedicated to children's rights, filed a lawsuit under the federal Social Services Law, U.S. Code, and various state laws mandating the provision of social services, against State Department of Social Services and City Department of Social Services in the Supreme Court of New York County, Special Term. Represented by public and private counsel, the plaintiffs sought de…

On October 28, 1985, New York City families with children at risk of removal to foster care, along with non-profit institutions dedicated to children's rights, filed a lawsuit under the federal Social Services Law, U.S. Code, and various state laws mandating the provision of social services, against State Department of Social Services and City Department of Social Services in the Supreme Court of New York County, Special Term. Represented by public and private counsel, the plaintiffs sought declaratory, injunctive, and monetary relief, claiming that the agencies failed to fulfill their duty to provide specified protective services as mandated by state and federal law. Specifically, the plaintiffs claimed that federal and state law required defendants to provide a host of preventive and protective services designed to prevent the placement of children in foster care, and to ensure that reports of child abuse are effectively investigated in a timely manner.

The plaintiffs claimed that they suffered irreparable harm due to the defendants' failure to provide required services in a timely way. These services included childcare, homemaker assistance, assistance finding adequate housing, counseling, and other services designed to prevent the removal of children from their families into foster care. In addition, the plaintiffs alleged that the agencies consistently failed their duty under state law to investigate reports of child abuse within twenty-four hours, conduct home visits or in-person interviews of subjects of such reports, or offer appropriate services to allegedly abused children, their families, or both.

On May 27, 1986, the Court (Judge Edward Lehner) granted family-plaintiffs' motions for a preliminary injunction requiring City defendants to prepare service plans within 30 days and provide whatever preventive services were specified therein. The Court also granted institutional-plantiffs' motion for a preliminary injunction in part, requiring City defendants to investigate reports of child abuse within 24 hours. Finally, the Court denied the plaintiffs' motion for class certification as superfluous, and denied defendants' motion for summary judgment. Grant v. Cuomo, 509 N.Y.S.2d 685 (N.Y. Sup. Ct. 1986). Defendants appealed these three components of this order.

On July 9, 1987, the Supreme Court Appellate Division (Judge Leonard Sandler) affirmed and modified the lower court's order. This Court affirmed the granting of institutional-plaintiffs' injunction regarding protective services, but found that the statutes did not impose a nondiscretionary duty to comply with the service plans. For that reason, the Court modified the order to exclude the family-plaintiffs' injunction requiring City defendants to make and comply with service plans. Grant v. Cuomo, 518 N.Y.S.2d 105 (N.Y. 1988).

On December 20, 1988, the Court of Appeals of New York (Chief Judge Sol Wachtler, Judge Richard Simons, Judge Judith Kaye, Judge Alexander, Judge Vito Titone, Judge Stewart Hancock, and Judge Joseph Bellacosa) held that regulation of Department of Social Services did not impose any nondiscretionary duty to provide preventive services and affirmed the ruling of the Supreme Court Appellate Division.

Summary Authors

Timothy Shoffner (6/1/2012)

People


Judge(s)

Lehner, Edward H. (New York)

Attorney for Plaintiff

Abrams, Gary S. (New York)

Falls, Raymond L. Jr. (New York)

Weintraub, Ellen L. (New York)

Expert/Monitor/Master/Other

Hayes, Robert M. (New York)

Judge(s)

Lehner, Edward H. (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

25168/85

Complaint

May 21, 1986

May 21, 1986

Complaint

25168/85

Opinion [Supreme Court, Special Term]

May 27, 1986

May 27, 1986

Order/Opinion

134 Misc.2d 134

25168/85

Opinion [Supreme Court, Appellate Division]

July 9, 1987

July 9, 1987

Order/Opinion

130 A.D.2d 130

25168/85

28792-3

Order (granting defendant's motion to dismiss appeal) [Ct Appeals of NY]

New York state appellate court

Dec. 17, 1987

Dec. 17, 1987

Order/Opinion

519 N.E.2d 519

25168/85

28792-3

Opinion of the Court [Ct Appeals]

New York state appellate court

Dec. 20, 1988

Dec. 20, 1988

Order/Opinion

534 N.E.2d 534

Resources

Docket

Last updated Aug. 30, 2023, 1:43 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 28, 1985

Closing Date: 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York City families with children at risk of removal to foster care, along with non-profit institutions dedicated to children's rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York State Department of Social Services, State

New York City Department of Social Services (New York), City

New York City Human Resources Administration (New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Poverty/homelessness

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