Paul, Weiss Secures Victory for Parent Advocate Amici in Foster Care Challenge

Paul, Weiss helped secure an important victory in the Southern District of New York for family defense advocates and pro bono clients Brooklyn Defender Services, The Bronx Defenders, Center for Family Representation Inc. and Neighborhood Defender Service of Harlem. Judge Kimba Wood’s decision to deny a motion to certify a putative class of children in foster care in Elisa W. v. City of New York marked a significant blow to plaintiffs in an action that, if successful, would have resulted in substantially speeding up adoptions of children in foster care in contravention of New York’s express policy preference for family reunification.

Plaintiffs in the action—11 children who had experienced problems with New York City foster care—had asserted various constitutional, statutory and contract claims against New York State and New York City. While all parties agreed that children are sometimes subjected to extended stays in the foster system overseen by the Office of Children and Family Services (OCFS) and the Administration of Children’s Services (ACS), our amicus brief argued that plaintiffs were improperly attempting to use a class action to supplant the express and considered policy choices of the state and the city, which favor family reunification, with their own preferred policy of adoption. Judge Wood denied class certification on commonality and typicality grounds, repeatedly citing our amicus brief and relying heavily on our expert’s declaration.

Our clients, who collectively represent a majority of parents with children in the NYC foster care system, are thrilled with the outcome.

The Paul, Weiss team was supervised by litigation partner Audra Soloway.