Judge Upholds Foster Children's Legal Claims: Orders Case to Proceed to Trial on Behalf of All Fulto

PRESS RELEASE

Federal Judge Marvin H. Shoob of the United States District Court in the Northern District of Georgia rejected today the State and Fulton and DeKalb Counties' effort to throw out of court a lawsuit seeking to reform foster care in those two counties and upheld the legal rights of the foster children who brought the lawsuit. In addition, Judge Shoob ruled that the lawsuit should proceed as a class action on behalf of all foster children in Fulton and DeKalb Counties.

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In the lawsuit, which was filed on June 6, 2002, the foster children are represented by lawyers from Children's Rights, a national child advocacy group, and the Atlanta law firm of Bondurant, Mixson & Elmore. Judge Shoob's ruling affirms that children in Atlanta have the legal right to be free from harm in foster care and permits them to show evidence in court that their constitutional and federal statutory rights have been violated.

"This is a victory for foster children in Atlanta," said Ira Lustbader, associate director and attorney on the case for Children's Rights. "We are gathering evidence to prove at trial that the foster care system is in need of a major overhaul."

Children's Rights works throughout the United States in partnership with national and local experts, advocates and government officials to document the needs of children in the care of child welfare systems. Children's Rights helps develop realistic solutions and, where necessary, uses the power of litigation to ensure that reform takes place.