B.D. v. Governor, State of, et al.*

Case Summary:

This class action lawsuit, filed in January 2021, challenges systemic policies and practices that result in the unnecessary institutionalization of older foster youth with mental impairments in New Hampshire’s foster care system.

*The case name has been changed to reflect that B.D. is the current named plaintiff as the case moves forward after class certification.

Litigation Team: 

Disability Rights Center- NH, New Hampshire Legal Assistance, ACLU of New Hampshire, Children’s Rights, and Weil, Gotshal & Manges LLP

Case Timeline and Related Documents

January 5, 2021: Lawsuit Filed

• This class action lawsuit focuses on specific structural failures that are harming older youth in foster care, all of whom have already experienced the trauma of being separated from their families and removed from their homes. The class action is brought on behalf of children ages 14 to 17 who are in the custody of New Hampshire’s Division for Children, Youth and Families (DCYF), have a mental impairment, and are in, or are at risk of being placed in, an institutional or other group facility setting (also called “congregate care”).
• Link to Complaint
• View Press Release (Jan 5, 2021)

September 9, 2021: Class Action Lawsuit Survives State’s Motion to Dismiss

• The United States District Court for the District of New Hampshire issued a ruling largely denying the State’s motion to dismiss, permitting plaintiffs to pursue five of the six claims they raised.
• Link to the Court’s decision
• View press release (Sept 10, 2021)

December 1, 2023: Court Endorsed Order to Stay While Parties Mediate

• Link to Joint Motion to Stay Litigation, Discovery, and Deadlines, to Engage in Mediation 

September 18, 2024: Court responds to Defendant’s Motion to Dismiss, granting in part and denying in part

• The United States District Court for the District of New Hampshire issued a ruling  denying the State’s motion to dismiss the case, and permitting one of the named plaintiffs to pursue their claims (other named plaintiffs were found to have left the DCYF system for various reasons).
• Case caption is updated to reflect named plaintiff ‘B.D.’
• Link to Court’s decision

September 18, 2024: Court Grants Class Certification

• The U.S. District Court for the District of New Hampshire granted class certification allowing the case to proceed as a class action.
• Link to Memorandum and Order granting class certification
• View press release (Sept 18, 2024)