K&L Gates Attorney Paul Lawrence to Argue NCYL’s 9th Circuit Appeal

K&L Gates Partner Paul Lawrence, an experienced appellate attorney, has agreed to argue NCYL’s 9th Circuit Appeal of a lower court ruling denying its motion for class certification in Clark K. v. Willden. Lawrence, who will be arguing the case for NCYL pro bono, does complex appellate and civil litigation, including environmental, commercial, and constitutional matters in federal and state courts. He has prevailed in numerous appeals principally in the 9th Circuit and the Washington Supreme Court. He is based in K&L Gates’ Seattle office.

The 9th Circuit, which granted review of the class certification issue on October 9, has yet to set a date to hear the appeal, but briefs are due from both sides early this year. If NCYL wins, Clark K. can proceed as a class action on behalf of all children in or at risk of entering the child welfare system in Clark County.

“We are confident that once the 9th Circuit reviews the evidence, it will agree with us that the problems in Clark County’s child welfare system are pervasive and widespread and put all children in the system at risk,” said NCYL Senior Attorney Bill Grimm, lead counsel in the case.

US District Court Judge Robert C. Jones deferred ruling on NCYL’s initial motion for class certification in May 2007, ordering further discovery to determine if experiences of named plaintiffs were common and typical among other children in the foster care system. Plaintiffs did further discovery and renewed their motion for class certification in March 2008. Judge Jones denied that motion four months later, ruling that NCYL did not provide sufficient evidence to meet the class certification standard.

NCYL’s petition for review by the 9th Circuit cites overwhelming evidence of the harms and risks suffered by all children in the system, including physical, sexual, and emotional abuse, denial of medical and mental health care, and chronic instability. In the most tragic cases, children have died while under the protection of the Clark County Department of Family Services (DFS).

Specifically, NCYL found that:

• Nearly half the children in the child welfare system are not receiving the services they need to meet their physical and mental health needs.
• Nearly half of children who entered foster care between October 1, 2000 and September 30, 2006 were shuttled through three or more placements during their time in foster care.
• Caseworkers are unqualified, untrained and unsupervised, burdened with overwhelming caseloads of 39 cases per worker. The generally accepted professional standard is 15 to 18 cases per worker.
• DFS routinely fails to investigate reports of abuse or neglect. A review of more than 1,300 cases by an outside expert reveals that safety assessments were not completed in almost half of the cases, and investigators determinations as to whether abuse actually occurred were wrong in 66 percent of the cases.
• Foster parents are not adequately trained or supported and often do not have critical information about the children in their homes. In a recent survey of foster parents, more than 40 percent said caseworkers did not inform them of children’s behavioral needs prior to placement, and about one-third said that they did not receive sufficient information about the child’s medical history or educational needs.
• The vast majority of children in Clark County are not provided with a guardian ad litem or attorney. Of those who are, most do not receive this representation until well after many critical decisions are made.