Foster Care Suit Against New York Revived by Second Circuit

Feb. 2, 2026, 4:43 PM UTC

New York City and state will have to face allegations that they refused to give the relatives of 11 minors the financial support and other services needed to care for the children, the Second Circuit ruled Monday.

The decision partially reverses a federal district court order dismissing a lawsuit in which 14 minors who have been removed from their parents claimed New York City’s Administration for Children’s Services violated their due process right to live with their relatives by denying foster home certification for their family members. Those denials—based on state rules disqualifying those with a criminal history or a ...

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