National Center for Youth Law

STRATEGIES

Henry A. v. Willden

Following the dismissal of Clark K. v. Willden, thirteen foster children in Clark County, Nevada filed this new lawsuit against the Director of Nevada Department of Health and Human Services, the Administrator of Nevada Division of Child and Family Services, the Clark County Manager, and the Director of Clark County Department of Family Services. Plaintiffs’ complaint charges defendants with violation of state and federal statutes, and the due process clause of the U.S. and Nevada constitutions.  The suit seeks monetary damages for the named plaintiffs, as well as systemic improvements on behalf of those children and three discrete classes.  The classes are: (1) children who have not been appointed a guardian ad litem to represent them in their court proceedings; (2) children who have not been referred to Early Intervention Services, and (3) children who have not had a case plan developed containing the information foster parents need to properly care for the children placed with them.  These classes comprise more than half of the approximately 3,600 children in foster care in Clark County (which encompasses Las Vegas and over 70% of the Nevada population).

Overview

FILE NO., COURT, AND DATE FILED

2:10-cv-00528-RCJ-PAL (D. Nev. April 13, 2010)

 

ATTORNEYS FOR PLAINTIFFS

Bill Grimm
Leecia Welch
Bryn Martyna
Camille Roberts
National Center for Youth Law
405 14th Street, 15th Floor
Oakland, CA 94612
(510) 835-8098
Fax: (510) 835-8099
billgrimm@youthlaw.org

Lori Schecter
Dorothy Fernandez
Jeffrey Rosenberg
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
(415) 268-7000
Fax: (415) 268-7522
LSchecter@mofo.com

Bruno Wolfenzon
Greg Schulman
Wolfenzon Schulman & Ryan
6725 Via Austi Parkway, Suite 260
Las Vegas, NV 89119
(702) 836-3138
Fax:  (702) 836-3139
bruno@wolfenzon.com

 

HISTORY AND STATUS

Plaintiffs filed their lawsuit on April 13, 2010.   County and state defendants filed motions to dismiss on May 7, 2010, and May 10, 2010, respectively.  The court has not yet ruled on defendants’ motions.

The parties exchanged initial disclosures in the summer of 2010, and plaintiffs propounded their first set of requests for production of documents on the state and county in June 2010.  At a hearing on defendants’ motion to resolve several discovery disputes, the court ordered defendants to enter into a protective order and produce unredacted case files of the named plaintiffs. The defendants’ motions to dismiss have been set for a hearing on October 19, 2010.