A federal class-action lawsuit has been filed on behalf of 4,000 Louisiana foster children, alleging that the state’s Department of Children and Family Services operates under overwhelming caseloads and fails to protect kids from mental and physical harm.
The New York-based group A Better Childhood and two law firms filed the lawsuit in the Middle District of Louisiana on April 10 on behalf of seven plaintiffs. The 95-page complaint outlines high-profile fatalities of two 2-year-olds who were in the DCFS foster-care system, the “hemorrhaging” of department employees and caseloads that are three times higher than the national standard.
“Louisiana has consistently failed to adequately address the myriad deficiencies of its child welfare system,” the lawsuit states. “DCFS does not have a sufficient number of workers to ensure the safety and wellbeing of the children in its care. Upon information and belief, caseloads are so high that caseworkers are prevented from adequately overseeing children in DCFS custody. …”
The department declined to comment on the pending litigation, and the Louisiana Governor’s Office did not respond to a request for comment. The lawsuit lists the department, DCFS Secretary David Matlock and Gov. Jeff Landry as defendants.
This year, the state recorded its lowest rate of providing children with stable or permanent living situations since the 2019-2020 fiscal year, according to the complaint.
“These failures also mean that Louisiana’s foster children are not provided appropriate mental health or medical assessments, nor do they receive adequate mental or medical health care,” the lawsuit says. “DCFS also fails to provide sufficient educational services.”
The department often places children in group homes or institutions where they face significant risks of violence carried out by staff members or older children, according to the complaint. The foster children often find themselves placed in locations such as hotels, hospitals and department offices, the lawsuit says.
“We brought the lawsuit because the significant problems in the Louisiana child welfare system have been well known to state officials for many years and simply have not been addressed,” Marcia Robinson Lowry, A Better Childhood’s executive director, said in an email to the Louisiana Record. “Children in the state continue to suffer. That is why we believe the lawsuit is necessary to ensure that children in Louisiana receive the protections and benefits to which the federal Constitution and laws entitle them.”
The department has been aware of safety and staffing issues at the DCFS since former Gov. Bobby Jindal cut the agency’s workforce by 33% and its budget by 50% between the years 2008 and 2016, according to the lawsuit.
“The complaint points to data that show overwhelming caseloads, high placement instability, lack of access to medical care, and rates of child death in the state 50% higher than the national average,” a news release published by A Better Childhood states.
The lawsuit urges the court to stop the defendants from subjecting the plaintiffs to situations that violate their rights under several federal laws. A written plan for children’s treatment, services and needs must be drawn up within 60 days of their entering the foster-care system, the complaint states.
“Plaintiffs … seek declaratory and injunctive relief against (the) defendants to remedy the harm and risk of harm to thousands of foster children in Louisiana,” the lawsuit says. “This lawsuit seeks to have Louisiana’s child welfare system brought into compliance with applicable federal law and constitutional standards.”