|
(also known as Clark K. v. Guinn)
FILE NO., COURT AND DATE FILED
2:06-cv-01068-RCJ-RJJ (D. Nev. August 30, 2006)
CITATIONS
2007 U.S. Dist. LEXIS 35232 (D. Nev. May 14, 2007); 616 F. Supp.2d. 1038 (D. Nev. 2007).
ATTORNEYS FOR PLAINTIFFS
Bill Grimm
Leecia Welch
Bryn Martyna
Camille Roberts
National Center for Youth Law
405 14th Street, 15th Floor
Oakland, CA 94612
(510) 835-8098
Fax: (510) 835-8099
billgrimm(at)youthlaw.org
Bruno Wolfenzon
Greg Schulman
Wolfenzon Schulman & Ryan
6725 Via Austi Parkway, Suite 260
Las Vegas, NV 89119
(702) 836-3138
Fax: (702) 836-3139
bruno(at)wolfenzon.com
ISSUES
This lawsuit was filed against the Clark County Department of Family Services to end statutory and constitutional violations of the rights of Clark County foster children. The suit challenged the county for failure to protect child abuse victims and children in foster care. The complaint addressed multiple failures of the county child welfare system, including: inadequate child protective services; insufficient caseworker training and high caseloads; inappropriate child placements; insufficient foster parent recruitment efforts and lack of foster parent training or support; lack of representation for children in dependency court proceedings; and failure to provide appropriate educational services.
The class sought relief under the Due Process Clause of the Fourteenth Amendment and Nevada Constitution, provisions of the Adoption Assistance and Child Welfare Act, provisions of the Child Abuse Prevention and Treatment Act, provisions of the Early Periodic Screening, Diagnosis and Treatment Program of the Medicaid Act, and numerous state statutes and regulations.
HISTORY AND STATUS
NCYL filed this class action lawsuit, formerly Clark K. v. Guinn, in federal court on August 30, 2006, against Nevada Gov. Kenneth C. Guinn, state Health and Human Services Director Michael Willden, and Clark County officials. The suit charged the defendants with failing to protect the health and safety of children in Clark County’s child welfare system and called for system-wide reform.
In May 2007, a U.S. District Court judge in Las Vegas issued written orders pertaining to defendants’ motions to dismiss and plaintiffs’ motion to certify class. The judge ruled that the plaintiffs could proceed with a majority of claims, but deferred ruling on the initial motion for class certification. He ordered further discovery to determine if the experiences of named plaintiffs were common and typical among other children in the foster care system. He granted the Governor’s motion to dismiss, but denied the motion of the state and county defendants.
After further discovery, plaintiffs filed a renewed motion for class certification in March 2008. The motion was denied by the district court in July 2008. Plaintiffs filed for permission to appeal and on October 9, 2008, the Ninth Circuit Court of Appeals agreed to hear an appeal of the district court ruling.
After all of the named plaintiffs’ claims became moot, plaintiffs voluntarily dismissed their complaint. The pending appeal was withdrawn. Subsequently, a new group of thirteen plaintiffs filed suit in Nevada on April 14, 2010. For further information, see the docket entry for Henry A. v. Willden.
|
