what type of attorney coukd sue the ny state foster care system

by Henderson Bauch Jr. 9 min read

Can I sue a foster parent for child abuse?

Even neglectful foster parents can easily cause harm to their foster children. The child abuse lawyers at Gersowitz Libo & Korek, P.C. stand up for the rights of children who have been harmed, abused or mistreated while living in foster care. We are aggressive, yet compassionate, in fighting for the rights of our young clients in New York, and ...

How do I sue the Department of Human Services?

The child abuse attorneys at the law firm of Harnick and Harnick will represent children in New York who have been the victims of foster care abuse. Our experienced New York attorneys will take legal action against the person or agency whose negligence has …

What kind of lawyer do I need to sue CPS?

 · Families sue for due process in NY foster care system. The complaint calls it discriminatory and harmful that New York uses old criminal convictions to make sweeping denials of grandparents, aunts and uncles applying to adopt or foster children. BROOKLYN (CN) — When he was just 3 months old, B.B. was removed from his mother’s care and ...

Can I sue Child Protective Services in federal court?

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Can you sue CPS in NY?

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.

How much do foster parents get paid in New York State?

Average base salary The average salary for a foster parent is $40,267 per year in New York State. 16 salaries reported, updated at May 12, 2022.

How much do foster parents get paid in upstate NY?

In New York, a licensed foster parent caring for a child in New York City can receive from $520 to $709 per month from the Office of Child and Family Services (OCFS)—equivalent to Connecticut's DCF—depending on the age of the child.

How do I sue a DSS in NC?

If You Are Thinking About Suing DSS, Consult a Lawyer If something like that has happened to you, you may have a basis for bringing a lawsuit in state court. And if you believe your federal rights have been violated, you may be able to bring a civil rights claim in federal court.

Which state pays the most for foster care?

Minnesota: According to the Star Tribune, Minnesota offers some of the highest rates of reimbursement for foster care parents.

How much do most foster parents get paid?

The basic rates for standard maintenance range from $450 to $700 per month depending on the age of the child. Annual clothing allowance is also age-dependent and afforded to foster parents in the amount of $300 to $500 per year.

How much do you get paid for adopting a child?

Adoption pay and leave Adoption pay is equal to 90% of your salary for the first six weeks of pay. The remaining 33 weeks are paid at £139.58 a week or 90% of your gross average weekly earnings (whichever is lower).

How long does it take to become a foster parent in NY?

approximately 6 to 8 monthsIt will take approximately 6 to 8 months — and in some cases longer — before the adoption can be finalized. The agency will remain involved with both you and the child during this time.

Do you get paid to be a foster parent?

Payments Summary Independent Fostering Agencies pay a fostering allowance for each foster child. The allowance pays for the foster child's day to day care. Fostering Agencies also pay foster carers a professional fee. The fee is an income payment for the foster carer.

Can I sue social services for negligence?

While Social Services are expected to perform their duties to the best of their abilities, there are times when they have failed in their duty of care. If you feel that you have suffered traumatic consequences because of their negligence, you may have a right to pursue a claim against Social Services for compensation.

Can I sue social services for discrimination?

You may be able to claim against social services if you were under the organisation's care when the abuse happened, or if neglect on the part of a social worker put you in a situation where you were abused.

What are civil rights violations?

A civil rights violation is any offense that occurs as a result or threat of force against a victim by the offender on the basis of being a member of a protected category. For example, a victim who is assaulted due to their race or sexual orientation. Violations can include injuries or even death.

What is foster parent certification?

Foster parent certification allows families to get child care subsidies from the state, and foster children are automatically eligible for Medicaid and post-adoption services, like counseling and caregiver training . The plaintiffs want parts of the program ruled unconstitutional and for the state to put in place meaningful individualized applicant evaluations.

Who represents the Eastern District of New York?

Calling the state’s disqualification systems unconstitutional, discriminatory and harmful to kids, the families are represented in the Eastern District of New York by The Legal Aid Society and Dechert LLP.

Do children with family members end up in permanent homes?

Conversely, children placed with family members have reduced trauma and higher rates of behavioral and emotional well-being, according to a New York City interagency report published in March 2018. They are also more likely to end up in a permanent household through either reunification, adoption or guardianship, and are less likely to reenter foster care.

Can you put a child in foster care with a stranger?

Placing children in foster care with a stranger can have a host of negative consequences, Legal Aid says in its complaint.

Is New York using old criminal convictions to make sweeping denials of grandparents, aunts and uncles

The complaint calls it discriminatory and harmful that New York uses old criminal convictions to make sweeping denials of grandparents, aunts and uncles applying to adopt or foster children.

Can a parent be blocked based on past charges?

In addition to the mandatory disqualifications based on convictions, a discretionary system can block prospective parents based on past charges alone. The same is true if anyone in the household over 18 was ever the subject of an indicated report in the state’s child abuse registry.

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Law Office of Curtis R. Exum

Law Office of Curtis R. Exum helps clients in the New York area with their New York Foster Care Abuse needs.

Law Offices of Peter G. Aziz & Associates LLC

Clients who need legal help with Foster Care Abuse concerns can contact Law Offices of Peter G. Aziz & Associates LLC, a reputable law firm in New York, New York.

Capetola & Divins, P.C

For legal issues concerning Foster Care Abuse, let Capetola & Divins, P.C., a local practice in New York, New York, help you find a solution.

What is foster care?

Foster care, or out-of-home care, is a temporary housing arrangement for children who cannot live with their families. When a child’s home becomes unsuitable for living, he or she may enter into foster care until it is safe to return. Foster care should be a secure, stable environment for a child during a difficult time.

How many children were in foster care in 2016?

Foster care can be critical to a child's well-being. As of October 2016, 437,465 children in the United States were in foster care. Unfortunately, not every foster care situation is better than the one the child left.

What is the purpose of foster care in Illinois?

The purpose of the Illinois foster care system is to provide care and protection to children at risk. The foster care system came about as a way to give children with unsafe or unsuitable home lives a place where they can go while their parents or guardians sort things out.

Can a foster child file a civil claim?

In these situations, the foster child or legal guardian has the right to file a civil claim against the perpetrator - as well as the foster care organization, if applicable. Filing a civil claim can help an abused child seek justice and financial compensation for his or her damages.

Can you stand up for a child in foster care?

You can always stand up for children in foster care against abuse by helping them bring a claim for relief. Many foster parents and group homes provide stable, loving, and supportive environments for foster kids. Sometimes, however, supervisors put children through neglect, mistreatment, mishandling, or abuse. In these situations, the foster child or legal guardian has the right to file a civil claim against the perpetrator - as well as the foster care organization, if applicable. Filing a civil claim can help an abused child seek justice and financial compensation for his or her damages.

Can foster care be dangerous?

They may pass inspections, yet still fail to provide the appropriate standard of care. Negligent, careless, and abusive people can make foster situations dangerous for children. Foster care abuse can cause significant physical, emotional, and psychological damage to victims.

Can a group home be a good place to foster a child?

Although acquiring a license to foster children takes orientation, training, background checks, and health screenings, not all foster parents are good for children.

Who is the plaintiff in Elisa W. v. City of New York?

Cravath and ABC, led by the high-profile child welfare litigator Marcia Lowry, are seeking class certification in the lawsuit Elisa W. v The City of New York, so that remedies they seek for the 19 children named in the case would apply to the more than 8,000 children in the city’s foster care system. “This filing demonstrates — often in the actual ...

Who is the attorney for A Better Childhood?

A Better Childhood (ABC), along with its white-shoe litigation partner Cravath, Swaine & Moore, has delivered a nearly 300-page filing to a federal courthouse in lower Manhattan, with new evidence and allegations of money grabbing by nonprofit foster care agencies, frequent protocol violations, and too-frequent abuse of children, many of whom are staying too long in foster care in violation of federal law.

What agency is OCFS?

A Better Childhood also slammed New York’s state child welfare agency, OCFS, for failing to appropriately monitor the city.

Who is the attorney general of New York?

Letitia James was the New York City Public Advocate when A Better Childhood filed the Elisa W. lawsuit against the city’s child welfare agency. Now she serves as New York State attorney general.

Who tossed out the settlement in the case of James?

That judge, Laura Taylor Swain of the Southern District Court of New York, tossed out the settlement a year later. By then, James, who is now the state’s attorney general, had already quietly withdrawn from the contentious suit, as reported by Politico at the time. James’ office did not respond to a request for comment.

Who is Julie Farber?

Julie Farber, ACS’ deputy commissioner for Family Permanency Services, supposedly confirmed the point in an internal communication sent after the suit was filed in 2015: “the capacity of ACS to provide truly robust support to the [Contract Agencies] in order to accelerate permanency for children in foster care” is “missing.”

David Ivan Bliven

You may potentially have a claim, yes, but you would need to prove the foster care knew about it in advance & approved of the foster parent doing it in violation of the state regulations.

Jack Richard Lebowitz

Sure. Anyone can sue for anything. Foster parents are not the same as adoptive parents, they don't have legal custody over the child such that it extinguishes the natural parent's rights, just kind of a temporary authority to act as paid caretakers subject to government agency supervision...

How to find out if a case is filed against Social Services?

Here’s a way to do that: Go to the federal courthouse to look for cases using their computer database system. Find cases filed against the Department of Social Services in your state. Next, ask to look at those cases; they should be a matter of public record. Find the names of the attorneys who filed the cases, and contact those lawyers, asking for a free consultation. Don’t stop with just one – find as many names as you can and do interviews. Getting the best and most motivated attorney at the best price is your goal.

What law do CPS victims file?

Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983:

Can a CPS victim file a civil lawsuit?

Most of us, however, would have a difficult time managing a civil lawsuit. Filing a lawsuit is a complex task, and it helps to have an attorney evaluate your chances of winning the case before you get started. Many CPS victims choose to file a federal lawsuit, to sue for violation of 42 U.S.C. § 1983: