D.S. v. DCYF

SEE IMPORTANT UPDATE ABOUT FAIRNESS HEARING DATE AND TIME BELOW.

On June 24, 2022, the Judge Barbara Rothstein of the U.S. District Court for the Western District of Washington granted preliminary approval of a class action settlement for children and youth in foster care.  You can read the notice about this Settlement Agreement, and the Plaintiffs’ Unopposed Motion for Order Approving Attorneys’ Fees and Costs Following Mediation and share your feedback with the Court by emailing Disability Rights Washington at DSSettlement@dr-wa.org or calling 1-800-562-2702 (ask to be directed to Susan Kas). In this lawsuit, Disability Rights Washington and three young people in foster care alleged that the Department of Children, Youth and Families (DCYF) has been failing to properly serve children with behavioral health and developmental disabilities “essentially rendering them homeless for extended periods of time” or forcing youth to end up in institutions and facilities that further separate them from their families and communities of origin. If the Settlement Agreement is approved, DCYF will be required to establish and expand supported housing for older adolescents and young adults, therapeutic foster care, and Hub homes to support foster and kinship families.  DCYF will also be gathering feedback from young people and families with lived experience and other stakeholders about how to improve their practices.

UPDATE ABOUT FAIRNESS HEARING: The hearing scheduled for September 7, 2022, has been postponed. The hearing has been rescheduled for September 15, 2022, at 9 AM, and will be held virtually. You can attend the hearing by computer or phone by clicking the ‘zoom’ link below, or by dialing 1(669) 254-5252 and then entering the meeting code ID, 161 882 2459, followed by the passcode, 021320.
https://wawd-uscourts.zoomgov.com/j/1618822459?pwd=SmhLZUN6cnUxdnJpcjB3SGh2K1lWZz09. 

If you are unable to participate virtually, you may visit the Court in person. The location of the courtroom will be posted here when it is available from the Court.

Case Documents	Plaintiffs’ Unopposed Motion for Order Approving Attorneys’ Fees and Costs Following Mediation – August 5, 2022 Notice of Final Settlement – June 27, 2022 Settlement Agreement – Filed June 6, 2022 Class Action Complaint for Declaratory and Injunctive Relief – Filed Jan 29, 2021 Plaintiffs’ Motion for Preliminary Injunctive Relief – Filed April 12, 2021 Minute Entry Setting – Filed June 7, 2021 Order Granting in Part Plaintiff’s Motion for Preliminary Injunction – Filed June 29, 2021 Stipulation and Order Regarding Definition of Class Action and Amendment to Scheduling Order – Filed September 22, 2021
Other Documents	One Pager for Youth DCYF Exceptional Placement Plan – Dated September 1, 2021 Exceptional Placements in Hotels FAQ Q&A for Child Welfare Advocacy Stakeholders
Press Releases	June 6, 2022 Release January 29, 2021 Release June 29, 2021 Release
Media Coverage	January 29, 2021 King 5 – Washington state accused of widespread failure to house foster children AP News – Lawsuit: Washington’s shuttling of foster kids fails them August 4, 2021 InvestigateWest – Can A Court Victory Provide Refuge For Foster Youth? September 2, 2021 King 5 – Washington foster care agency to launch new housing option for hard-to-place teens June 9, 2022 Seattle Times – Settlement in foster youth hotel stays suit commits WA child welfare program to think ‘outside the box’