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Class Certification: A Big Win for Children in West Virginia
Final month, in an enormous step ahead for the youngsters, the case was granted class motion standing, that means that the case is now continuing not solely on behalf of Jonathan, however on behalf of all kids in foster care in West Virginia. The youngsters’s legal professionals now have the chance to show that kids within the West Virginia foster care system are being subjected to an “unreasonable danger of hurt,” which the state is constitutionally barred from inflicting on kids.
This case, together with a number of others across the nation, is exclusive. Sweeping class motion lawsuits like this carry all foster kids collectively into one class, as a substitute of breaking the circumstances into small items that by no means tackle the elemental systemic issues of dysfunctional foster care programs. The problems of damaged youngster welfare programs, which offer far too few assets and are sometimes far too intent on saving cash as a substitute of serving to broken kids, should be addressed on the large-scale degree. The latest class certification determination helps this system-wide technique.
A Higher Childhood for Foster Children
If this case is profitable, the state will likely be pressured by the court docket to make systemic adjustments, enhancing the lives of foster kids dramatically. In different states the place broad-based authorized motion has occurred, tales like Jonathan’s are the exception, not the norm. ABC is grateful for the Impression Fund’s assist in our combat for a greater childhood in West Virginia.
