New Hampshire approves class action for foster teens with mental health issues

A federal judge in Concord, New Hampshire, has granted class-action status to a lawsuit concerning the treatment of foster teens with mental health disabilities. The lawsuit, initiated in 2021, claims that the state has improperly placed these teens in institutional and group home settings rather than with families, which is deemed contrary to their best interests. The judge's ruling specifically addresses children aged 14 to 17 who are under the supervision of the state’s Division for Children, Youth and Families and are at risk of being placed in group care due to their mental impairments. The state had sought to dismiss the case, arguing that the plaintiffs failed to substantiate their claims. However, mediation attempts earlier this year were unsuccessful, leading to the judge's decision. Although the original plaintiffs have aged out of the system, one case involving a 15-year-old in a group home alleging discrimination and neglect has been allowed to proceed. Judge Paul Barbadaro acknowledged that the state has made commendable efforts to address some concerns raised in the lawsuit since its filing. Nevertheless, he noted that there is no evidence that the state has changed its practices regarding the placement of these vulnerable teens. The lawsuit names several state officials, including Governor Chris Sununu, as defendants, highlighting systemic issues within the foster care system. The ruling could potentially impact fewer than 200 teens currently in the system, emphasizing the need for reform in how New Hampshire cares for its foster youth with mental health challenges. This case underscores ongoing concerns about the adequacy of support and resources available to these individuals.