FOR IMMEDIATE RELEASE
September 18, 2024
Contact:
Michelle Wangerin, Youth Law Project Director at New Hampshire Legal Assistance
Downloadable PDF of Press Release Available Here
Link to the Court’s Decision Here
Link to Original Complaint Available Here
The case name has been changed to reflect that B.D. is the current named plaintiff as the case moves forward after class certification
Lawsuit Against Illegal Institutionalization of Older Youth in DCYF Custody Moves Forward as Class Action
Concord, NH – The United States District Court for the District of New Hampshire granted class certification in B.D. v. Governor, State of, et. al. The ruling allows plaintiffs to pursue an end to the unnecessary institutionalization of older youth with mental health disabilities in New Hampshire’s foster care system as a class action.
In their complaint filed in January 2021, plaintiffs assert that New Hampshire’s foster care system is failing older youth by using institutional placements rather than placing youth in the community with necessary services. Compared to other states, New Hampshire places a much higher percentage of older foster youth in congregate care settings, which can seriously harm children’s social, emotional, and physical wellbeing. A lack of appropriate services can also lead to tragic outcomes such as homelessness, unemployment, incarceration, and poor educational achievement.
In the order today, the Court stated that “[a] 2022 federal report found that 27% of all foster children in New Hampshire are in congregate care placements, compared to 9% of foster children nationally.” “The problem is even more pronounced for adolescent foster children with mental impairments.” The Court cited to the data analysis of one of the experts finding that “77% of adolescent foster children with mental impairments have experienced at least one congregate care placement, with many experiencing two or more such placements.”
The lawsuit’s class includes youth 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 either currently in or at risk of being unnecessarily placed in institutions or group facilities. The State of New Hampshire has spent millions of dollars fighting this lawsuit when it could instead be focused on complying with its federal obligations to older foster youth in its care.
“This decision validates the very real experiences of the plaintiff youth who brought this suit, and the many older foster youth who are among the certified class.” said Michelle Wangerin, Youth Law Project Director at New Hampshire Legal Assistance. “We look forward to pressing forward development of a system that ensures older foster youth removed from their homes due to abuse or neglect have access to family homes and services in their local communities. Only then will the State end its reliance on unnecessary institutionalization to serve this extremely vulnerable population of youth.”
“Children should live in families with community-based supports, not in institutions, and the State is failing them. We are pleased with the Court’s decision, and we will continue to fight to have these vulnerable foster youth receive the services that they need and deserve so that they can grow and thrive,” said Jennifer Eber, Litigation Director of Disability Rights Center – NH.
“Nationally, the harm to kids from unnecessary institutionalization is widely recognized, yet New Hampshire is entrenched in supporting facilities rather than families and community-based care. It’s unlawful and wastes millions in taxpayer dollars. New Hampshire is an outlier on this issue and with this decision, our clients can move forward with pursuing an end to this injustice,” said Madeleine Kinney, senior staff attorney at Children’s Rights.
Plaintiffs are represented by:
- Disability Rights Center-New Hampshire: Jennifer Eber and Kayla Turner.
- New Hampshire Legal Assistance: Michelle Wangerin and Kay Drought.
- ACLU of New Hampshire: Gilles Bissonnette and Henry Klementowicz.
- Children’s Rights Inc.: Ira Lustbader, Madeleine MacNeil Kinney, Kathleen Simon, Carolyn Hite, Aarti Iyer, and Rebecca Ritchin
- Weil, Gotshal & Manges LLP: Diane Sullivan, Konrad Cailteux, Katheryn Maldonado, Kathleen Stanaro, and Sarah Ryu
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ABOUT the ACLU of NEW HAMPSHIRE
The American Civil Liberties Union of New Hampshire (ACLU-NH) is a nonprofit, nonpartisan membership organization dedicated to preserving the individual rights and liberties guaranteed in the Bill of Rights and the Constitution. ACLU-NH, founded in 1968 by a small group of devoted civil libertarians, is one of 53 affiliates of the ACLU Nationwide.
ABOUT DISABILITY RIGHTS CENTER – NH
Disability Rights Center – NH is New Hampshire’s designated Protection and Advocacy system and protects, advances, and strengthens the legal rights and advocacy interests of all people with disabilities. More information about DRC-NH can be found at www.drcnh.org.
ABOUT NEW HAMPSHIRE LEGAL ASSISTANCE
New Hampshire Legal Assistance is a state-wide non-profit law firm providing civil legal services to low-income and elderly New Hampshire residents who cannot afford a lawyer. Typical clients are families facing eviction or foreclosure, victims of domestic violence, veterans, at-risk children and youth who need an advocate to protect their rights, and other people with disabilities trying to access their benefits. NHLA maintains offices in Berlin, Claremont, Concord, Manchester, and Portsmouth.
ABOUT CHILDREN’S RIGHTS
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, immigration, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit www.childrensrights.org.
ABOUT WEIL, GOTSHAL & MANGES, LLP:
Founded in 1931, Weil, Gotshal & Manges LLP has been a preeminent provider of legal services for the past 90 years. With approximately 1,100 lawyers in offices on three continents, Weil has been a pioneer in establishing a geographic footprint that has allowed the Firm to partner with clients wherever they do business. The Firm’s four departments, Corporate, Litigation, Restructuring, and Tax, Executive Compensation & Benefits, and more than two dozen practice groups are consistently recognized as leaders in their respective fields.
