Advocates urge Fourth Circuit to preserve federal judicial oversight over foster system reform litigation

Amicus brief highlights the importance of federal courts in safeguarding rights of youth in foster systems & warns of dangerous precedent that could put youth at risk

The National Center for Youth Law (NCYL) and more than 30 other leading civil rights organizations on Tuesday called on the Fourth Circuit to reaffirm the essential role of federal courts in safeguarding the rights of children in state custody.

Represented by the law firm Quinn Emanuel Urquhart & Sullivan, the group filed an amicus — or friend of the court — brief in Jonathan R. v. Morrisey, a foster system reform case before the Fourth Circuit that challenges systemic violations of the rights of youth in West Virginia’s foster system. The advocates encourage the court to overturn a lower court decision that would effectively close the courthouse doors to institutional reform cases for youth in foster systems, meaning youth and advocates could no longer seek systemic relief through the federal courts. 

If it upholds the lower court's decision, the Fourth Circuit would set a dangerous precedent for children in foster systems, as well as anyone else who seeks to hold public institutions accountable.

“Youth in foster systems are entitled to the full protection of their constitutional and federal rights, and federal courts have both the duty and the authority to intervene when those rights are violated,” said Jean Strout, Senior Attorney at NCYL. “The lower court’s decision creates a ‘dead zone’ where youth are unable to challenge blatant constitutional and statutory violations simply because they occur within a complex state institution like the foster system.”

In their filing, the broad coalition of advocacy organizations point to pivotal Supreme Court precedents, including Brown v. Board of Education, Gideon v. Wainwright, and Youngberg v. Romeo, that underscore the vital importance of federal courts in reform of government systems, particularly in situations where those rights might fall victim to the political whims of the time. The brief also highlights the proven successes of institutional reform litigation, which has historically secured essential protections for vulnerable populations — from youth in the foster system to individuals harmed by the juvenile and criminal legal systems, the education system, and the immigration system. Upholding the lower court's decision in Jonathan R. v. Morrisey threatens to transform essential constitutional guarantees and landmark federal statutes into hollow promises for children in state custody.

The organizations call on the Fourth Circuit to reaffirm and ensure that no state institution, no matter how complex, is beyond the reach of the Constitution.

Visit here to access the full amicus filing.

The full list of organizations joining the amicus are: American Civil Liberties Union (ACLU), ACLU Foundation of Maryland, ACLU of North Carolina Legal Foundation, ACLU of South Carolina, ACLU of Virginia, Advokids, Children’s Rights, Education Law Center, Equal Justice Society, Impact Fund, Institute for Constitutional Advocacy & Protection, Juvenile Law Center, Kansas Appleseed Center for Law and Justice, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Lawyers for Children, Lawyers for Civil Rights, Legal Aid Justice Center, Lives in the Balance, Mountain State Justice, National Association of Counsel for Children, National Center on Adoption and Permanency, National Center for Youth Law, Nebraska Appleseed Center for Law in the Public Interest, Network on Women in Prison, Public Counsel, Public Justice Center, Roger Baldwin Foundation of the ACLU, ACLU, Southern Center for Human Rights, Southern Poverty Law Center, Texas Civil Rights Project, Virginia Poverty Law Center, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and Youth Law Center.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transform our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.