Marisol A. v. Giulian

126 F.3d 372 (2d. Cir. 1997)

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Nature of the Case

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Facts

Ps brought this action by and through their adult next friends seeking declaratory and injunctive relief against Ds to redress injuries caused by the alleged systemic failures of the City's child welfare system. The complaint alleges a laundry list of constitutional, federal and state law violated by Ds' child welfare system. Pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure, Ps asked the district court to certify a class of similarly situated children who are the legal responsibility of the child welfare system. The court certified a plaintiff class consisting of all children who are or will be in the custody of the New York City Administration for Children's Services ('ACS'), and those children who, while not in the custody of ACS, are or will be at risk of neglect or abuse and whose status is or should be known to ACS. D's appealed.