NY Foster Kids May Be Able to Challenge System in Class Action

Children alleging systemic deficiencies in New York City’s foster care system may be able to pursue their claims in a class action, the Second Circuit said Tuesday.

The district court used the wrong test for commonality and typicality when it denied the plaintiffs class certification, the opinion by Judge Joseph F. Bianco said.

The 19 plaintiffs asserted five causes of action under federal and state law. They were previously denied class certification but now propose a general class of “children who are or will be” in the city’s foster care system, as well as two subclasses, one for children whose ...