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FILE NO., COURT, AND DATE
CGC-03-417287 (Cal. Super. Ct. San Francisco County, Feb. 11, 2003)
CITATIONS
2004 Cal. App. Unpub. LEXIS 5988 (Cal. Ct. App. June 24, 2004)
CLEARINGHOUSE REVIEW NO.
55132
ATTORNEYS FOR PLAINTIFF
Maria F. Ramiu
Youth Law Center
417 Montgomery Street, Suite 900
San Francisco, CA 94104
mramiu(at)ylc.org
William F. Abrams
Pillsbury Winthrop LLP
2550 Hanover Street
Palo Alto, CA 94304
ISSUES
In a taxpayer action against California Department of Social Services, Plaintiffs challenged CDSS’ regulation and monitoring of county child welfare services and adoption agencies. Plaintiffs alleged that unreasonable delays in completing adoptions caused thousands of foster children to suffer severe emotional distress and psychological harm, while depriving them of the benefits of a child-parent relationship. Due to federal and state audits, plaintiffs alleged that Defendants were aware of the problem, but failed to finalize permanent placements in a timely fashion, violating state and federal law. Plaintiffs also alleged that Defendants failed to ensure county compliance with federal and state statutes and violated due process under the federal constitution.
HISTORY AND STATUS
In response to plaintiffs’ complaint filed on February 11, 2003, Defendants filed a motion to strike claims for declaratory and injunctive relief on April 15, 2003. In May 2003, the Court sustained the demurrer without leave to amend, dismissing the case with prejudice. Plaintiffs filed a notice of appeal in August 2003, but the California Court of Appeal denied this request.
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