Rights of Children in Foster Care With Relatives Not to be Moved Without Due Process

A.C. v. Mattingly, 07 civ. 3308 (TPG)(S.D.N.Y.); and Rivera v. Mattingly, 06 Civ. 7077 (TPG)(S.D.N.Y.)

Nature of Claims: Children and a proposed class of children whom the New York City Administration for Children’s Services has removed from their kinship foster homes have sued, challenging the removal procedures and Independent Review procedures, which violate the children’s rights to due process of law. The children have also sued the State Office of Children and Family Services, based on the denial of their right to meaningful and timely administrative review.

Current Status: Discovery is proceeding. Class certification in A.C. was denied.

Number of Persons Affected: Thousands of children in New York City are in kinship foster care, living with relatives.

Reported decisions: None published. Decisions and Orders are available via ECF.