"An appeals court on Monday reversed a lower court to restore a lawsuit brought by 14 children whose family members were denied certifications to be their foster or adoptive parents due to a criminal history or report of child abuse or mistreatment. Denying the kin caregivers the ability to take in their relatives' children is a breach of due process rights, according to the lawsuit first filed in Brooklyn federal court."
"The plaintiffs have suffered a real-world harm: They have been denied a certified placement with a relative foster parent, U.S. Circuit Judge Steven Menashi wrote for the three-judge panel. He went on to note that kids who weren't placed with another foster family were denied the medical and social services that come with foster placement, and those in the care of non-relatives were exposed to the risks of mental and emotional harm."
An appeals court reversed a lower court and restored a lawsuit by 14 children whose relatives were denied certifications to be foster or adoptive parents because of criminal histories or reports of child abuse or mistreatment. The court found that denying kin caregivers the ability to take in relatives' children breached due process rights and constituted a real-world harm. The plaintiffs were denied certified placements, medical and social services associated with foster care, and some children in non-relative care faced mental and emotional risks. The court found injuries traceable to defendants and redressable. Legal Aid and Dechert represent the plaintiffs.
Read at www.amny.com
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