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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 ...
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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
Case Details
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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
Filed Pro Se
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
Filed
08/30/2000
Case Closing Year
2002
Case Ongoing
No
Additional Resources
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Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform
Date: Summer 2009
By: Kathleen G. Noonan, Charles F. Sabel, William H. Simon (Center for High Impact Philanthropy , Columbia Law School and Stanford Law School Faculty)
Citation: 34 Law & Soc. Inquiry 523 (Summer 2009)
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Documents
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Court
Docket(s)
S.D.N.Y.
03/11/2002
1:00-cv-06498-RJW-THK
CW-NY-0007-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
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People
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Judges
Katz, Theodore H.
(S.D.N.Y.) [Magistrate]
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CW-NY-0007-9000
Ward, Robert Joseph
(S.D.N.Y.)
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CW-NY-0007-9000
Plaintiff's Lawyers
Lowry, Marcia Robinson
(New York)
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CW-NY-0007-9000
Lustbader, Ira P.
(New York)
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CW-NY-0007-9000
Popkin, Michael S.
(New York)
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CW-NY-0007-9000
Powell, Jeffrey K.
(New York)
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CW-NY-0007-9000
Robinson, Miriam M.
(New York)
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CW-NY-0007-9000
Defendant's Lawyers
Blanchette, Antoinette W
(New York)
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CW-NY-0007-9000
Kaufman, Borgeest
(New York)
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CW-NY-0007-9000
Walker, Marianne J.
(New York)
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CW-NY-0007-9000
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