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Litigation

Through litigation, NCYL has improved the lives of tens of thousands of poor children throughout the country, increasing their access to public benefits and health care, keeping at-risk youth out of juvenile prisons, and improving the quality of foster care.


Photo: Marilyn Nolt

NCYL Cases

David C. (formerly David C. v. Leavitt) is a child welfare reform class action brought in 1993, on behalf of all foster children and children reported as abused or neglected in the state of Utah. NCYL and Utah officials signed an agreement to end the case in May 2007. The system is now regarded as a national model.

A class action lawsuit filed in August 2006, against Nevada Gov. Kenneth C. Guinn, state Health and Human Services Director Michael Willden, and Clark County officials for failing to protect the health and safety of children in Clark County's child welfare system.

This case was originally brought in August 1998, on behalf of 13 current and former foster children seeking damages for injuries plaintiffs suffered as a result of state agency’s practice of shuttling them from one foster home and facility to another.

NCYL is co-counsel in this child welfare reform class action against the California Department of Health Services, Los Angeles County’s Department of Children and Family Services, and the California Department of Social Services, seeking the establishment and implementation of a community-based mental health service delivery system for California’s children in state foster care or at imminent risk of out-of-home placement.

NCYL is co-counsel, seeking a writ of mandate directing DSS to administer the Adoption Assistance Program in accordance with the law and directing Respondent Dennis Boyle, Director of the California Department of Social Services, to withdraw his department’s approval of the Modified Specialized Care Program.

Lawyers representing Arizona’s Medicaid-eligible children filed J.K. v. Dillenberg, now J.K. v. Eden, a class action lawsuit seeking improved access to behavioral health care.

Amici Cases

In 1997, Gary Flakes was charged with murder in adult court, in connection with an incident that occurred when Gary was 16 years old, pursuant to Colorado’s direct file statute. NCYL's amicus brief argues that the sentencing provisions of the direct file statute in Colorado are unconstitutional, violating equal protection, contravening separation of powers principles, and denying the due process rights of Gary Flakes and other similarly situated youth.

A class action lawsuit against the California Department of Health Services. Plaintiffs, Medi-Cal providers and beneficiaries, sought injunctive relief from an impending 5% reduction in the reimbursement rate paid to providers, claiming that this reduction would violate the Medicaid statute’s quality of care and equal access provisions.

The Washington Supreme Court has ruled that a Yakima Juvenile Court Commissioner improperly used the court’s “inherent” contempt powers to sentence children to up to 60 days in jail for running away from foster care. The Supreme Court, in its December 20, 2007 ruling, substantially limited the use of the controversial “inherent contempt” procedure.

 

On March 1, 2005, the U.S. Supreme Court held that the Eighth and Fourteenth Amendments prohibit the execution of individuals who were under the age of 18 when they committed their crimes. In doing so, the Court recognized that significant differences in brain development exist between adolescents and adults and that these differences diminish the level of culpability of juveniles, a position advocated by the amici groups, including NCYL.

More NCYL amici cases

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Photo: Marlene Desautels

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