KLAS-TV Channel 8 News Las VegasChild Welfare Lawsuit Getting an Appeal
The Clark County child welfare system will have to defend itself in a federal appeals court. Thursday morning, the Ninth Circuit agreed to hear arguments in the lawsuit alleging state and county agencies are failing foster children.
When the National Center for Youth Law filed its case two years ago, they hoped to argue on behalf of all foster children in Clark County. But in July, a judge denied its motion to proceed as a class action lawsuit.
The NCYL challenged that decision in the Ninth Circuit Court of Appeals and they agreed to hear the case.
The lawsuit filed by the California based child advocacy firm seeks widespread reform of the state and county child welfare systems. It argues system-wide failures continue to put foster children at risk.
The lawsuit names ten children allegedly harmed while in foster care.
Attorney Bill Grimm tells the I-Team change should come on behalf of all foster kids, not just a few, "The court will then be empowered to design and enforce a remedy that addresses all the systemic problems that place foster children at risk and in danger in Clark County. So it's a much larger, broader remedy that children in foster care will be able to seek if the class certification denial by the District Court is ultimately overturned."
No word yet on whether the Ninth Circuit will hear oral arguments or make its decision based on legal briefs.
In a written statement, Clark County says it believes Judge Robert Jones, from the District of Nevada, made the correct decision. The county intends to file a brief in support of that decision.
