United States First Circuit

In this class action, brought on behalf of roughly 8,500 children who are or will be committed to Massachusetts foster care custody as a result of their having suffered from abuse or neglect, plaintiffs assert that the Massachusetts Department of Children and Families (DCF) so exposes the plaintiff class to harm or risk of harm that it violates the United States Constitution and the Adoption Assistance and Child Welfare Act. Judgment for defendants on all claims is affirmed, where: 1) the district court’s factual findings are supported by the record and their legal conclusions contain no errors of law; and 2) while not unconstitutional, various DCF deficiencies warrant attention from the legislative and executive branches and these matters are directed to the attention of the state legislature and the Governor.

Appellate Information

• Decided 12/15/2014
• Published 12/16/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel