Monday, March 23, 2020

BREAKING: U.S. Supreme Court Denies Arizona's Bid To Deny Class-Action Status On Foster Care Lawsuit Vs. DCS

The U.S. Supreme Court today denied Arizona's request to review a decision granting class-action status in a case seeking improvements to Arizona's foster care system.

The case began in 2015, on behalf of 10 foster children alleging Arizona was violating their due process rights by "deprivation of medical care and failure to timely investigate reports of abuse and neglect...and for failure to place children in appropriate living environments." The case also alleges violations of the Medicaid Act.

Arizona hired outside counsel to appeal the judge's decision to give the case class-action status, meaning that it applies to all appropriate foster children in Arizona. Former Solicitor General Paul Clement was paid $300,000 to bring the decision to the U.S. Supreme Court. The Arizona Republic's Mary Jo Pitzl recently detailed that the State has already paid more than $7M of ourside legal fees in defending the case.

Without comment today, the Supreme Court declined to consider the appeal, by denying the petition.

The Arizona Center for Law In the Public Interest and the national Children's Rights group are representing the foster children.

Arizona's Law has asked the parties for reactions, and will update this developing story as warranted.

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