In July 2021, the Southern District of West Virginia granted the Governor of West Virginia’s Motion to Discmiss a case brought by a group of children who are or were placed in the foster care system. Despite the plaintiffs’ claims that the foster care system in West Virginia is in a state of crisis, the court found that some of the claims were moot and that a class action is not the proper way to bring the case. Together with the National Disability Rights Network, the National Health Law Program, and the North American Council on Adoptable Children, CHILD USA filed an amicus brief exploring West Virginia’s use of congregate care, the foster care system’s treatment of marginalized groups, caseworker staffing issues, and the success of institutional reform litigation in other states.
JONATHAN R., MINOR, by NEXT FRIEND, SARAH DIXON, ET AL., v. JIM JUSTICE, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF WEST VIRGINIA, ET AL.
November 15, 2021
United States Court Of Appeals For The Fourth Circuit
Case No. 21-1868