Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- A federal judge has dismissed a sweeping lawsuit that alleged widespread abuse of children under the care of the state Department of Children, Youth and Families, saying the state's child advocate, who brought the suit, had no standing in case.

Senior U.S. District Judge Ronald R. Lagueux ruled Wednesday that Child Advocate Jametta O. Alston and others who backed the lawsuit had no authority to proceed.

In June 2007, Alston and the child advocacy organization, Children's Rights, pursued class-action status on behalf of the 3,000 children now in state custody, aiming at nothing less than an overhaul of Rhode Island's child-welfare system.

The suit, which named Governor Carcieri; Jane Hayward, a former member of the governor's cabinet; and DCYF Director Patricia Martinez alleged the child foster-care system was underfinanced, understaffed and mismanaged. The court filing says that children in foster care are routinely neglected, molested, beaten and burned with cigarettes.

The state, represented in part by Attorney General Patrick C. Lynch, asked that the case be dismissed, questioning the appropriateness of the remedy sought -- namely asking the federal court to take control of DCYF. The judge heard arguments in January 2008.

Carcieri's office praised Wednesday's decision Thursday.

"We're pleased with the decision and look forward to building a relationship with the child advocate to build on improvements in the system," said Amy Kempe, the governor's spokeswoman.

The state has made great strides in improving DCYF care since the suit was brought, Kempe said, but did not name specifics.

Alston said she planned to appeal, arguing the ruling was made on narrow technical grounds. "I still believe children are suffering in our system," Alston said.

Children, she said, are still not getting the services they need and remain in foster care too long, removed from their families.

Recent changes to the system involve early intervention, to keep children out of foster care, but do not guarantee well-trained staff and manageable caseloads, she said.

Lagueux's decision detailed the cases of 10 children in the foster-care system, who had endured neglect, sexual abuse and mental illness. He noted that the child advocate had not played a role in their cases in Family Court.

 Tags  Attorney General Patrick C. Lynch Governor Carcieri lawuit

Comments

kenyonfoe said:

Jametta's way over her head in ANY litigation. She should be made to pay the State's counsel fees for this bad faith action.

Link | April 30, 2009 3:08 PM
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Richard Gelles said:

This may be a pyrrhic victory for Rhode Island. Children's Rights vastly prefers class action suits to reform child welfare systems. However, the alternative pathway are individual civil suites in state or federal courts. These suits cost states monies in judgements or settlements. A review of the named plaintiff's files suggests there are many potential civil suits that could be brought against DCYF. The costs of such suits in other states with poorly functioning child welfare systems (e.g. New Jersey)runs well into the millions.

Link | April 30, 2009 4:45 PM
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