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October 2, 2007

State seeks to dismiss suit against DCYF

Lawyers for the state today filed a motion to dismiss the class-action brought against the state Department of Children, Youth and Families by state Child Advocate Jametta O. Alston, arguing that Rhode Island Family Court, not U.S. District Court, is the best place to review cases of children in DCYF custody.

Acting for Governor Carcieri and two state agency directors, Attorney General Patrick C. Lynch and lawyers for agencies named in the lawsuit filed the motion in federal court, Lynch's office announced this afternoon.

Alston's lawsuit "involves many things relating to children that are confidential under state law," so the state asked the federal court to "accept parts of the motion and accompanying memo under seal."

In another memo, filed publicly, Carcieri’s lawyers, including Lynch, described the lawsuit’s definition of the proposed class of children who are allegedly being harmed as “ambiguous."

The civil rights lawsuit, which became public in June, alleges that children in state foster care are being beaten, molested, neglected, burned with cigarettes and, in one instance, killed.

Since word of the lawsuit became public, a state legislative committee has held hearings on the issues at DCYF.

After launching a review, Governor Carcieri announced there were no findings of intentional wrongdoing by DCYF.

Read the original lawsuit here.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney  at 5:11 PM | Permalink

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