People United for Children v. City of New York, 99 Civ. 0648(RJW).
| Decision Date | 18 July 2000 |
| Docket Number | No. 99 Civ. 0648(RJW).,99 Civ. 0648(RJW). |
| Citation | 108 F.Supp.2d 275 |
| Parties | PEOPLE UNITED FOR CHILDREN, INC., et al., Plaintiffs, v. The CITY OF NEW YORK, et al., Defendants. |
| Court | U.S. District Court — Southern District of New York |
Center for Law and Social Justice, Brooklyn, NY by Joan P. Gibbs, Esmeralda Simmons, for Plaintiffs.
Michael D. Hess, Corporation Counsel of the City of New York, New York City by Donald C. Sullivan, for Defendants.
Plaintiffs brought this action under 42 U.S.C. §§ 1983 and 1988 alleging violations of their rights secured by the First, Fourth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution, and various provisions of the New York State Constitution and the Family Court Act. Defendants moved pursuant to Rule 12(b)(1), FED. R. CIV. P, for an order dismissing plaintiffs' complaint for lack of subject matter jurisdiction, and for federal court abstention. They have also moved pursuant to Rule 12(b)(6), FED. R. CIV. P, for an order dismissing plaintiffs' complaint for failure to state a claim upon which relief can be granted. For the reasons hereinafter stated, defendants' motion to dismiss pursuant to Rule 12(b)(1) and request for abstention are denied. Defendants' motion to dismiss pursuant to Rule 12(b)(6) is granted in part and denied in part.
Plaintiff People United For Children, Inc. ("People United") is a non-profit organization that was founded in 1983. It conducts a weekly support group for individuals who have lost custody of their children to the defendant Administration for Children's Services ("ACS"). The individual named plaintiffs, whose particular allegations are set forth below, are affiliated with People United. Defendants are the City of New York, Mayor Rudolph W. Giuliani, ACS and its predecessor agency, the Child Welfare Administration ("CWA"), and Nicholas Scoppetta, the Commissioner of ACS. ACS, like its predecessor CWA, is responsible for investigating and prosecuting incidents of child abuse and neglect.2
Plaintiffs allege a number of system-wide deficiencies in ACS's administration of New York City's child welfare program. They contend that ACS fails to fully investigate allegations of child neglect and abuse against parents or legal guardians before removing children from their custody. This failure to investigate allegedly results from ACS' proclaimed policy of resolving "[a]ny ambiguity regarding the safety of a child ... in favor of removing the child from harm's way," and returning children to their parents or guardians "[o]nly when families demonstrate to the satisfaction of ACS that their homes are safe and secure." First Amended Complaint at ¶ 37 ("Complaint"). According to plaintiffs, this failure to investigate deprives plaintiffs of their rights under the First, Fourth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution, and Article XVII of the New York State Constitution. Plaintiffs also allege that ACS fails to provide them with information concerning available procedures and programs which will assist them in regaining custody of their children in violation of various provisions of New York's Family Court Act. Furthermore, plaintiffs claim that ACS fails to adequately monitor and supervise other foster care providers which are subcontractors of ACS.3
In support of these general allegations, plaintiffs set forth the circumstances of a number of individuals who have allegedly been subjected to the challenged policies and practices of defendants.
Each of the individual plaintiffs is a parent or legal guardian who has been threatened with the removal of their children, or whose children have been removed and placed into the custody of CWA or ACS.
The Richards-Cantave plaintiffs allege that in September 1998, two ACS caseworkers from the Bronx office of defendant ACS, Christopher Small and Christine Reyes, came to plaintiffs' residence, reportedly to investigate a September 9, 1998 anonymous report that Mr. and Mrs. Richards-Cantave had left their six month old son at home for several hours while they were out selling drugs. Only Mrs. Richards-Cantave, her son, and her mother were home when the ACS caseworkers arrived.
During the course of his interrogation of Mrs. Richards-Cantave, Mr. Small asked to see records concerning her son's immunization. In response, Mrs. Richards-Cantave stated that her son was only six months old and that she and her husband had decided to delay having their son immunized because of their religious beliefs and concerns about the safety and efficacy of immunizations. In addition, Mrs. Richards-Cantave, who has a Masters Degree in Public Health and was employed as the Director of a health-related organization at the time of these events, explained that she was breast-feeding her son and that he was in no danger since the immunity he received from her lasts at least eighteen months. Mrs. Richards-Cantave also handed Mr. Small documents concerning her religious beliefs and the exemptions from the vaccination requirements.
In response to Mrs. Richards-Cantave's statements and presentation of supporting documents, Mr. Small stated, Complaint at ¶ 52. Mr. Small and Ms. Reyes then told Mrs. Richards-Cantave that she should be charged with medical neglect and that her son should be removed from her custody because he was not immunized. Mr. Small also requested the name and telephone number of Mrs. Richards-Cantave's child's physician, which Mrs. Richards-Cantave provided.
The next day, Mr. and Mrs. Richards-Cantave obtained a letter from their child's physician stating that they were good parents and that their son was in good health. They then visited the Bronx ACS office accompanied by a social worker. Mr. and Mrs. Richards-Cantave spoke to Mr. Small's supervisor, Mr. Esere, who stated that it was not necessary for them to come to the office and that Mr. Small had stated that there was nothing to the case.
As they were leaving the ACS office, Mr. and Mrs. Richards-Cantave encountered Mr. Small. Contradicting his supervisor's statements, Mr. Small began talking about their alleged failure to immunize their son and stated that he had to talk to ACS lawyers about the case. During the course of the following week, Mr. Small called Mrs. Richards-Cantave on numerous occasions, both at work and at home, to inquire as to whether she was willing to have her son vaccinated. In response to threats that a court order would be obtained if she did not agree to vaccination, Mrs. Richards-Cantave repeatedly stated that there was no medical emergency and requested that her decision not to vaccinate her son be respected.
Subsequently, Mr. Small called Mrs. Richards-Cantave, this time to inform her that she and her husband were required to appear in Bronx Family Court on September 25, 1998. Mr. and Mrs. Richards-Cantave then obtained legal counsel and went to court on the date set. On the day of the hearing, Mr. and Mrs. Richards-Cantave were served with copies of an Article 10 petition, which contained charges of neglect filed against them. Despite being told that they would receive the papers prior to the hearing date, this was the first time that Mr. and Mrs. Richards-Cantave saw the petition. Once inside the courtroom, the ACS attorney informed the judge that ACS was withdrawing the petition.
On or about April 25, 1996, an employee of ACS, accompanied by over a dozen members of the New York City Police Department ("NYPD"), knocked on Ms. Hikmah's door, demanding entry. When she asked why they were there, the ACS worker stated that they were concerned about her and her granddaughter's health and welfare. Ms. Hikmah attempted to assure the ACS worker that she and her granddaughter were fine. When the police insisted that she open the door Ms. Hikmah asked if they had a warrant. They stated that they did not, and then proceeded to push in the door.
Based on the condition of her apartment, which was messy and contained a religious shrine, the ACS workers and the police concluded that Ms. Hikmah and her granddaughter were in danger. Ms. Hikmah was handcuffed and involuntarily taken to Harlem Hospital. Ms. Hikmah's granddaughter was also taken to Harlem Hospital for a pediatric examination. No signs of abuse or neglect were subsequently reported. After four days at Harlem Hospital, Ms. Hikmah was released when it was determined that she was neither a danger to herself nor anyone else.
In March, 1993, Ms. Martin's three children were taken from her custody by CWA, the predecessor agency to ACS. Ms. Martin's daughter was placed with her grandmother, and her two sons were placed in foster care. In November 1996, while she was incarcerated at Rikers Island, Ms. Martin's parental rights for her two sons were terminated in proceedings initiated by one of ACS's contract agencies. Ms. Martin was not present during these proceedings.
In August, 1995, Ms. Sherman, believing that her maternal granddaughter would only be temporarily removed, voluntarily placed her in the custody of CWA. CWA (or ACS) refuses to return Ms. Sherman's granddaughter to her despite Ms. Sherman's repeated requests and despite the fact that she has been taking care of her granddaughter's brother for over five years without incident. Ms. Sherman was never offered preventive services, informed of the consequences of her actions, or informed of her right to have her granddaughter live with her under a "kinship" program.
In the Fall of 1997, Ms. Logan's son and daughter were removed...
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