Judge Sharon Gleason dismissed a federal class-action lawsuit filed against the Alaska Office of Children’s Services Tuesday. The lawsuit, brought by the national nonprofit A Better Childhood, alleged that foster children in state custody are at risk of harm because of systemic problems that violated federal laws, including the Americans with Disabilities Act. Attorneys for the organization pointed to high caseloads for caseworkers and an inadequate hiring and training process.
In her dismissal, Gleason wrote that attorneys from A Better Childhood didn’t prove that the foster youth whose stories were presented at trial were actually harmed or at serious risk of harm. She also called into question the reliability of the evidence, like case summaries, presented in court.
Marcia Lowry, the organization’s attorney and executive director, said the dismissal was “quite disappointing.”
“We did do a trial that involved a lot of evidence that, I think, was largely undisputed about how high the caseloads are in Alaska, about the lack of placement resources for children, about the failure to basically make attempts to remedy that situation,” Lowry said. “We think there are a lot of children in Alaska that are not getting the benefits that they are entitled to under federal law.”
The Office of Children’s Services declined an interview. In a written statement, Tracy Dompeling, acting commissioner for the Alaska Department of Family and Community Services, wrote, “We are pleased with the Court’s decision and appreciate the thorough consideration given to this case.” Dompeling said the office “will continue advancing its work with renewed focus.”
Lowry said she was surprised Gleason’s dismissal didn’t acknowledge serious problems in Alaska’s foster care system. Gleason wrote that the system has delays in services, placement instability and gaps in care, but said those problems were not severe enough to be considered a constitutional violation.
“It's rare that dysfunctional foster care systems change themselves when they're not under pressure to do so, and we have seen dysfunctional child welfare systems really, really change and provide good services to kids, but we have seen that only as a result of litigation,” Lowry said.
Lowry said A Better Childhood is considering whether to appeal.
