A federal judge in Concord, New Hampshire, has granted class-action status to a lawsuit that challenges the placement of teenagers with mental health disabilities in the state’s foster care system. The lawsuit, initially filed in 2021 and subsequently revised, argues that New Hampshire has been placing foster care teens with mental health disabilities in institutional and group home care rather than with families, which is not in their best interest. The state had sought to have the case dismissed citing lack of evidence from the plaintiffs. Mediation attempts earlier this year were unsuccessful.
The ruling from U.S. District Judge Paul Barbadaro on Wednesday pertains to children between the ages of 14 and 17 who are or will be under the supervision of the state Division for Children, Youth, and Families, have mental impairments, and are at risk of being placed unnecessarily in a group care setting. It is estimated that fewer than 200 teens might be impacted by this decision. The original plaintiffs, who have since aged out of custody, had their claims dismissed by Barbadaro in Concord.
However, the judge allowed one claim to proceed involving a 15-year-old residing in a group home who alleges disability discrimination and neglect in case planning. State lawyers argued that these claims were not suitable for a class-action resolution. Barbadaro acknowledged the state’s efforts to address some of the issues raised in the lawsuit but noted that common practices identified in the case had not been altered or halted by the defendants.
The lawsuit names Governor Chris Sununu and heads of various state departments including the Health Department, Division for Children, Youth, and Families, Medicaid services, and the administrative office of the courts as defendants.