Bonnie L. v. Bush

No. 00-2116-CIV-HUCK (S.D.Fla. filed Aug. 28, 2000) ; Clearinghouse Number: 53814

Description

Foster Children Sue Florida for Indifference to Their Well-Being and for Race Discrimination

Abstract

Alleging a pattern and practice of neglect of constitutional and statutory duties that defendant state officials owe to foster children, and indifference to the children’s physical and emotional well-being, several children in Florida foster care brought a class action against the governor, the secretary of the Department of Children and Families, and the department’s district administrators. On behalf of a subclass of all black foster children, plaintiffs allege that defendants discriminate against black children by treating them differently and less advantageously than white children regarding the stability and quality of placements and by using racially neutral methods that disparately disadvantage black foster children. On behalf of the class, the complaint alleges, for example, abuse and neglect by foster parents, nightly changes in placements, unwarranted separation from siblings, neglect of educational and health needs, administration of psychotropic medications for nontherapeutic purposes, failure to recruit adequate foster families, and failure to pursue permanent homes for children. Plaintiffs raise their claims under the Fourteenth Amendment for deprivation of substantive and procedural due process, the First, Ninth and Fourteenth Amendments for unnecessary separation of siblings, and Title VI of the Civil Rights Act for race discrimination. Plaintiffs also allege that defendants violate several duties under the Adoption and Safe Families Act and the Early and Periodic Screening, Diagnosis, and Treatment provisions of the Social Security Act. They seek declaratory and injunctive relief as well as attorney fees and costs.

Additional Information

Attorney Information
Plaintiffs represented by P.A. Gievers, 524 E. College Ave., Suite 2, Tallahassee FL 32301 (850.222.1961); Jerold Feuer, 402 N.E. 36th Street, Miami FL 33137 (305.573.2282); Rose E. Firestein, Marcia R. Lowry, Children's Rights, Inc., 404 Park Avenue South, 11th Floor, New York NY 10016 (212.683.2210); Daniel Freyberg, 335 S. Plumosa Street, Suite D, Merritt Island FL 32952 (407.459.2994); Robert A. Glenn, Glenn Rasmussen et al, P.O. Box 3333, Tampa FL 33601 (813.229.3333); Leslie Groller, Wayne Hogan, Brown Terrell Hogan et al, 233 E. Bay Street, Fl. 8, Jacksonville FL 32202 (904.632.2424); Michelle Hankey, 423 Fern Street, Suite 200, West Palm Beach FL 33401 (561.655.8944); Robert G. Kerrigan, Kerrigan Estes et al, 400 E. Government Street, Pensacola FL 32501 (850.444.4444); Jorge A. Lorenzo, 1001 N. Macdill Ave., Suite A, Tampa FL 33607 (813.998.9529)
Docket Date
2000-08-28 00:00:00+00:00

Files

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