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ACS SUED BY 19 PLAINTIFFS OVER ITS FOSTER CARE SYSTEM

Elisa W. v. City of New York

Plaintiffs: 19 foster children, aged 3 through 16, representing the class of over 11,000 New York City foster children
Public Advocate: Letitia James

About the NYC Foster Care System

  • New York City’s foster children are more likely to be harmed while in foster care than children almost anywhere else in the country.
  • Each year, approximately 1,000 New York City children leave the foster care system without a permanent family or connection to an adult upon whom they can depend. Many of them wind up homeless.
  • In New York City, children in foster care spend twice as much time in state custody as children in the rest of New York State and over double the amount of time in state custody as children in the rest of the nation.
  • It takes longer to return New York City children in foster care to their parents than in the rest of New York State and the rest of the nation. Federal data shows that New York City performs worse on this measure than all but five other states and territories.
  • It takes longer for a foster child to be adopted in New York City than anywhere else in the country. New York City has performed worse on this measure than every state since at least 2007.

Allegations

New York State fails to exercise sufficient oversight over New York City’s child welfare system and to take necessary steps to ensure that the City complies with federal law. In addition, NYC fails to monitor private agencies with which it contracts for foster care services. The result of these failures is that the NYC foster care system devastates and permanently damages the children in its care.

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