attorney who won lawsuit against the village voice

What is the settlement of Elisa W. v. The City of New York?

The City of New York, Case No. 15-cv-5273 (LTS) (HBP). The settlement is between the plaintiffs, all children who are now or will be in foster care in New York City, and the Public Advocate for the City of New York, Letitia James, and the defendants, the State of New York, OCFS and the Commissioner of OCFS. A federal court in New York City is now considering approving the settlement and has approved this notice.

How long does a child's settlement last?

The settlement agreement will last for seven years from the date the Court approves it, and may continue for longer if the class of children argues to the Court that the Commissioner of OCFS is not doing what she is required to do under the settlement agreement. If there are such claims, the settlement agreement will continue until the Court decides either that those claims are incorrect or until the Commissioner of OCFS completes what she must do to fix the problems. While the settlement agreement is in effect, members of the class of children and their representatives will not be able to bring new class-wide claims for systemwide court orders against the State that raise similar claims to those in Plaintiffs’ Amended Complaint. However, individual children can bring lawsuits on claims on their own behalf regarding their own treatment in foster care and/or for money damages. It does not limit any claims that children or their parents or guardians may make or any actions they may seek in the Family Court.

What is a class in ACS?

The class includes: All children who are now or who will be in the foster care custody of the Commissioner of ACS during the time period that this settlement is in effect. This means that if you are currently in foster care you are a member of the class.