Nevada Foster Kids Can Pursue Neglect Claims

“Foster children in Nevada can pursue claims that Clark County failed to keep them free from harm, neglected to provide proper medical care and generally mismanaged the foster program, the 9th Circuit ruled Friday [May 4, 2012]

In a 2010 lawsuit, the National Center for Youth Law and 13 foster kids alleged a litany of alleged abuses and oversights in the Clark County child welfare system.

The complaint detailed episodes of children being placed in homes known for abuse, kids left in pain for months after being denied surgery because of bureaucratic mistakes, and lost medical records resulting in dangerous drug mishaps, among other charges.

U.S. District Judge Robert Clive Jones in Las Vegas dismissed the due-process claims under the 14th Amendment and also rejected several federal statutory claims.

While agreeing with the lower court’s interpretation of two federal statutes, the 9th Circuit reversed as to the plaintiff’s constitutional claims.

A three-judge panel in San Francisco unanimously ruled that the foster children had alleged violations of their constitutional rights sufficient at this stage to survive qualified immunity and dismissal.

Nevada Foster Kids Can Pursue Neglect Claims
[Courthouse News 5/4/12 by Tim Hull]

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