Case: D.B. v. Richter

11-402759 | New York state supreme court

Filed Date: Oct. 17, 2011

Closed Date: 2016

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Case Summary

Because this is a state case, we do not have access to all the links and documents. We are getting complaint information from various online articles and the stipulation and order of settlement. On October 17, 2011, youth in New York foster care represented by the Legal Aid Society, Lawyers For Children, and private attorneys filed this class-action lawsuit against the City of New York and the New York Administration for Children’s Services (ACS) in the New York State Court. The plaintiffs all…

Because this is a state case, we do not have access to all the links and documents. We are getting complaint information from various online articles and the stipulation and order of settlement.

On October 17, 2011, youth in New York foster care represented by the Legal Aid Society, Lawyers For Children, and private attorneys filed this class-action lawsuit against the City of New York and the New York Administration for Children’s Services (ACS) in the New York State Court. The plaintiffs alleged denial of adequate services and lack of supervision from the ACS post-discharge unit, which resulted in youth homelessness. Specifically, the plaintiffs alleged that ACS failed to assist youth in identifying and securing adequate post-foster care housing, discharged youth from foster care into unsuitable conditions, and failed to supervise former foster care youth until their twenty-first birthdays. According to the plaintiffs, the Defendants’ lack of adequate assistance was in violation of New York State law and Social Services Law with respect to its permanency planning goal aimed to assist foster youth in their transition to self-sufficiency upon discharge. This case was assigned to Judge Geoffrey Wright.

On April 19, 2016, the parties entered into a settlement in which the ACS was required to implement policies and programs for youth leaving foster care. The ACS was required to assign caseworkers to youth in care, provide housing assistance, and provide ongoing monitoring and access to services until the youth reached 21 years old.

The settlement was approved by Judge Wright in 2012. The settlement prompted the ACS to establish the ACS housing unit to support caseworkers and youth, as well as programs to promote independent life skills and meaningful community connections prior to discharge. However, the D.B. settlement alone was regarded as insufficient to address various problems faced by youth by the Columbia Adolescent Representation Clinic because the programs under the settlement were limited in youth engagement and depended heavily on caseworkers facing high turnover rates.

The case is now closed.

Summary Authors

Averyn Lee (6/7/2019)

People


Attorney for Plaintiff

Banks, Steven (New York)

Benkard, James W.B (New York)

Freedman, Karen J. (New York)

Freeman, Lisa (New York)

Attorney for Defendant

Cardozo, Michael A. (New York)

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Documents in the Clearinghouse

Document

402759/2011

Stipulation and Order of Settlement

Nov. 14, 2011

Nov. 14, 2011

Settlement Agreement

Docket

Last updated Sept. 9, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 17, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Youth in and/or discharged from New York foster care struggling with inadequate housing.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

New York, State

New York Administration for Children's Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Foster care (benefits, training)

Housing assistance

Juveniles

Poverty/homelessness