The national nonprofit A Better Childhood is appealing the dismissal of a lawsuit against the Alaska Office of Children’s Services. Judge Sharon Gleason dismissed the federal class-action lawsuit in March.
The lawsuit was filed by the nonprofit, alleging foster children in state custody are at risk of harm because of systemic problems, and that the state violated federal laws, including the Americans with Disabilities Act. Attorneys for the organization pointed to high caseloads for caseworkers and inadequate systems for hiring and training.
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.
Marcia Lowry, the attorney who led the lawsuit against OCS said they’re appealing because the dismissal “focuses on the wrong issues” and “departs from long-standing precedent.”
Gleason’s decision is based on a “narrow and incorrect interpretation of whether the children have ‘legal standing’ to bring the case,” Lowry said.
She said the organization hopes to correct that legal error by appealing to the United States Court of Appeals for the Ninth Circuit.
Tracy Dompeling, who heads the state’s Department of Family and Community Services, emailed a statement that said the nonprofit wasn’t able to show in court that the state is violating the federal rights of foster children. She said the state is working “with care and professionalism to keep the state’s most vulnerable children safe.”
RELATED: Alaska’s foster care system is among the worst in the nation. Can a lawsuit force real reform?
