University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jeremy M. v. Giuliani CW-NY-0007
Docket / Court 00-cv-6498 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Child Welfare
Attorney Organization Children's Rights, Inc.
Case Summary
On August 30, 2000, a child who had been retained in custody for two and a half years under a lapsed custody order and his mother filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights, the U.S. Attorney's Office for the ... read more >
On August 30, 2000, a child who had been retained in custody for two and a half years under a lapsed custody order and his mother filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights, the U.S. Attorney's Office for the S.D.N.Y., and private counsel, sued the New York City Administration for Children's Services (ACS) and the Seamen's Society for Children and Families for monetary damages. The plaintiffs claimed that ACS had a practice of knowingly holding thousands of New York City children in their custody without legal basis under similarly lapsed custody orders.

Despite the child's mother’s repeated requests to have him returned to her as she had met all their requirements, and ACS’s knowledge that they had no legal basis for retaining her son in custody, ACS repeatedly refused to release him back home. During this time the child was physically abused and denied needed mental health services in his Seamen’s Society for Children and Families foster home.

In August 2001, a settlement agreement was reached in which the plaintiffs were awarded a total of $260,000. ACS was also required to release quarterly data regarding the remaining number of lapsed placements. As a result of the lawsuit, ACS revised its practices to address holding children under lapsed placement orders.

Katrina Fetsch - 03/24/2016


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Family discrimination
General
Family abuse and neglect
Foster care (benefits, training)
Juveniles
Parents (visitation, involvement)
Youth / Adult separation
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) New York City Administration for Children's Services
Seamen's Society for Children and Families
Plaintiff Description A child who had been retained in custody for two and a half years under a lapsed custody order and his mother.
Indexed Lawyer Organizations Children's Rights, Inc.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform
By: Kathleen G. Noonan, Charles F. Sabel, William H. Simon (Center for High Impact Philanthropy , Columbia Law School and Stanford Law School)
Citation: 34 Law & Soc. Inquiry 523 (Summer 2009)
[ Detail ] [ External Link ]

  Making Child Welfare Work: How the R.C. Lawsuit Forged New Partnerships to Protect Children and Sustain Families
By: Bazelon Center for Mental Health Law (Bazelon Center)
Citation: (1998)
[ Detail ]

Docket(s)
1:00-cv-06498-RJW-THK (S.D.N.Y.) 03/11/2002
CW-NY-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Katz, Theodore H. (S.D.N.Y.) [Magistrate]
CW-NY-0007-9000
Ward, Robert Joseph (S.D.N.Y.)
CW-NY-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Lowry, Marcia Robinson (New York)
CW-NY-0007-9000
Lustbader, Ira P. (New York)
CW-NY-0007-9000
Popkin, Michael S. (New York)
CW-NY-0007-9000
Powell, Jeffrey K. (New York)
CW-NY-0007-9000
Robinson, Miriam M. (New York)
CW-NY-0007-9000
Defendant's Lawyers Blanchette, Antoinette W (New York)
CW-NY-0007-9000
Kaufman, Borgeest (New York)
CW-NY-0007-9000
Walker, Marianne J. (New York)
CW-NY-0007-9000
Other Lawyers None on record

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