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United State Court of Appeals for the First Circuit, No. 09-1759
Amicus brief filed August 14, 2009
This case was a foster care reform class action case brought by Children’s Rights that was dismissed by the District Court based on a decision that the named plaintiffs’ Family Court-appointed lawyers were the only individuals capable of serving as ‘next friends’ in federal litigation.
NCYL joined twelve other amici, including the National Association of Counsel for Children, the Children’s Law Center of Los Angeles, the Youth Law Center, the Children’s Advocacy Institute, Children’s Law Centers of Massachusetts and Minnesota, and First Star, to file an amicus brief in support of the plaintiffs. The amici argued that the District Court’s decision is at odds with 30 years of progress in the field of child welfare law, and that the duties of the child’s attorney in dependency proceedings may actually be at odds with the duties of a Rule 17(c) representative in federal litigation, which could burden the rights of foster children. The appeal is pending.
Counsel for amici curiae: Erik Pitchal, Suffolk University Law School
Updated April 21, 2010
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