A lawsuit filed Tuesday on behalf of nine Indiana foster children claims the Indiana Department of Child Services does not protect 22,000 children with open child welfare cases, including more than 14,000 in out-of-home care.
The federal lawsuit filed in Evansville seeks class-action status and was brought by a group called Indiana Disability Rights, the national advocacy group A Better Childhood and the law firm Kirkland & Ellis. It claims the nine named plaintiffs have suffered serious physical and psychological harm while in state care.
The suit seeks to “stop the ongoing violations of children’s constitutional rights and rights under federal law, transform the state’s child welfare system, and ensure DCS fulfills its legal responsibility for vulnerable foster children in Indiana’s child welfare system.”
The plaintiffs include Ashley W. and Betty W., 4- and 3-year-old sisters who have cycled through more than 15 foster care homes over 2½ years, including two episodes in emergency shelter care.
DCS spokeswoman Noelle Russell declined to comment on the lawsuit.
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