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Belcher-Dixon v. Saenz
No. (Cal. Super. Ct. San Francisco County filed, Feb. 11, 2003) ; Clearinghouse Number: 55132
Description
California Agency Is Sued for Failure to Place Foster Children for Adoption Promptly
Abstract
Citizen and taxpayer sued California Department of Social Services
and its director for failure to regulate and monitor county child
welfare services and adoption agencies adequately to ensure that
children in foster care were adopted in a timely manner. Plaintiff
alleged that unreasonable delays in completing adoptions of
thousands of foster children in California caused those children
severe emotional distress and psychological harm and deprived them
of economic and other benefits of the parent-child relationship.
Plaintiff pointed to federal and state audits that found
unnecessary delays in adoptions in California and extreme
variations among counties’ adoption processing times.
Plaintiff charged that defendants were aware of the problems, which
could result in loss of federal funding, but failed to develop
state standards and oversight procedures to address the delays and
inconsistencies. Plaintiff charged that defendants (1) failed, in
violation of state and federal child welfare statutes, to finalize
permanent placements timely; (2) failed to ensure compliance with
federal and state statutes; and (3) violated the constitutional due
process and fair-hearing rights of children in foster care. All
these violations constituted a waste of public funds, plaintiff
claimed. Plaintiff seeks an injunction to require defendants to
promulgate and implement procedures to ensure timely completion of
all steps necessary for adoption and to implement notice and
hearing procedures.
