G.K. et al. v Sununu et al.

Four teens sit on a set of old wooden stairs. Only their jeans and sneakers are visible.

G.K. et al. v Sununu et al.

By unnecessarily institutionalizing older youth who could receive mental health treatment and supports in their communities and live successfully with family members or with foster families, New Hampshire unlawfully deprives children in its care of the community-based services and family placements they need to grow into successful adults.

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.

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

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

Related Materials

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