March 13, 2013

Massachusetts Child Welfare Suit Goes to Trial

The trial of a 2010 class action lawsuit charging Massachusetts' child welfare agency (the Department of Children and Families" ("DCF")) with failing to protect the state's abused and neglected children has begun in a Boston federal district court (Connor B., et al. v. Patrick). The lawsuit alleges that 50% of the children who have been in state custody for two or more years have suffered more abuse and neglect while under its care.

Among other things, plaintiffs will present evidence that the agency, which ranks among the nation's worst in insuring children are placed in safe and stable foster placements, routinely fails to follow its own policies or meet its performance targets.

Reports issued by independent experts have documented agency deficiencies, including;
  1. failing to meet with foster children monthly or to insure that placements are  safe and stable;
  2. inadequately monitoring, supervising, and assessing the performance of private child placement agencies or group homes to which it sends approximately 60% of the children in its care;
  3. shuffling children among foster homes at extremely high rates;
  4. failing to give priority to finding permanent homes for foster children;
  5. failing to prevent children who they have returned home from being subjected to further abuse and neglect; and
  6. overprescribing psychotropic medication and failing to  monitor its effects.
State officials contend that they share the goal of protecting children.  Agency representatives have said that DCF has increased the number of children being safely cared for at home and has met and exceeded the national standard for timeliness in completing adoptions and reunifying families.

It is unusual for class actions raising these claims to go to trial.  Most often they end by agreement of the parties and a court's entry of a complex consent agreement.  For example, Connecticut's child welfare agency has been struggling unsuccessfully to comply with the Juan F. consent decree for several decades.
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