Agreement Reached on Decades-Old Child Welfare Lawsuit

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In a civil rights class-action lawsuit filed in 1999, on behalf of siblings Charlie and Nadine H., defendants cited the State of New Jersey’s “systemic failure to protect these children and provide them and their families with legally required services, [which] jeopardized their health and safety, and subjected them to significant harm in violation of their rights under the United States Constitution and federal statutes.”

On March 22, 2022, Governor Murphy announced that a “motion to end federal oversight of the Department of Children and Families…[was] jointly presented to the federal court by the state and an attorney representing the plaintiffs.”

“This agreement signifies the meaningful progress the Department of Children and Families has made in fulfilling its duties to protect and support children and families throughout our state,” said Governor Phil Murphy. “Today’s Department does the important work it was always meant to do by prioritizing the rights and well-being of the vulnerable children in its care. I am grateful the critical reforms our state has made on behalf of New Jersey children have been recognized in this agreement.”

Together, both parties have developed an Exit Plan and Agreement that acknowledges the state's progress towards compliance with the settlement agreement and outlines the state's responsibilities and resources.

“Today’s achievement is the result of more than two decades of reforms and transformation initiated and implemented by a workforce committed to helping New Jersey’s families be safe, healthy and connected,” said DCF Commissioner Christine Norbut Beyer. “Now, the Department of Children and Families is a nimble, data-driven, prevention-focused, and family-centric agency, as well as a national leader in child welfare and family well-being best practice.”

The Exit Plan and Agreement outlines priority provisions for the state to adhere to through its final monitoring period through June 2022 – followed by a transition period.

The Department of Children and Families has thus far been required to report to a federal court judge on its progress towards compliance with the Exit Plan and Agreement. Tuesday’s announcement by Governor Murphy acknowledges an end to this federal oversight.

“Today’s Agreement and proposed Exit Plan is due to work carried out over many years by talented and dedicated state leaders to create a child welfare system that protects children, preserves families and promotes the well-being of New Jersey’s children and families,” said Judith Meltzer, President of the Center for the Study of Social Policy and court-appointed Monitor. “The proposed Exit Plan and Agreement memorializes many of the original Settlement Agreement’s commitments, foundational elements and dedication to quality improvement into proposed state legislation.”

Assuming no performance concerns from the court or independent monitor, parties can petition for an order approving the settlement of the lawsuit and setting a fairness hearing to finalize the exit from federal oversight as soon as December 30, 2022.

“We are very happy with the enormous progress the state agency has made over the years in reforming all aspects of the child welfare system under the guidance of the federal court order,” said Marcia Robinson Lowry, executive director of A Better Childhood, the attorney who brought the lawsuit and who has overseen the developments in the case. “The state has taken the requirements of the lawsuit and expanded them in an overall structure for a very well-functioning child welfare system, and we are proud of the achievements reached for the children and families of the state.”



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