Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, October 28, 2021

Indiana Asks For Court of Appeals Review in Lawsuit Seeking Change in Foster Care System

From Indy Star:

The state of Indiana is asking the Seventh Circuit Court of Appeals to weigh in on a district court’s decision to deny its motion to dismiss a lawsuit challenging the practices of the state’s foster care system.

The class-action lawsuit was filed in 2019 filed and alleges the state failed to address documented issues within the Indiana Department of Child Services that placed children in “serious and unconstitutional danger.” Furthermore, the lawsuit alleges the state’s flawed child welfare system “inflicts further trauma upon an already vulnerable population” and does not adequately meet the needs of the children it serves.

As relief, the lawsuit demands the agency make sweeping changes to its policies and practices. In doing so, attorneys for the plaintiffs asked the federal court to assert jurisdiction — which is the crux of the state's argument as it seeks appeal. 

Read more here

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