All children living in foster care now or in the future will be counted as parties in a lawsuit against the Arizona Department of Child Safety and the stateโs Medicaid system.
U.S. District Court Judge Roslyn Silver of Phoenix ordered that the lawsuit, filed in 2015, be changed to whatโs called a class action case so children donโt have be named specifically as long as they are foster children.
Attorneys for the children claim Arizonaโs treatment of foster children puts them at greater risk of harm than they would be if they were still living with their parents.
โThis signals to us that the judge understands what this case is about, that itโs about systemic practices of the two state agencies denying these children their constitutional rights,โ said Anne Ronan, an attorney with the Arizona Center for Law in the Public Interest. โThis makes it clear that itโs about system reform in the child welfare system.โ
The children are being represented through the Phoenix law firm Perkins Coie and two nonprofit child-advocacy groups, the one Ronan works for and New York-based Childrenโs Rights.
The suit started with 10 foster children in Pima and Maricopa counties and includes allegations about their high number of placements, sibling groups being torn apart and untreated physical and mental health problems. The suit alleges DCS and Arizonaโs Health Care Cost Containment System showed โdeliberate indifference to the constitutionally protected rights and liberty and privacy interestsโ of foster children.
โTodayโs decision is not indicative of the courtโs position on the merits of the lawsuit,โ said Darren DaRonco, a DCS spokesman. โThe Department looks forward to articulating the policies implemented over the last three years which have solidified an enduring commitment to ensuring children in state custody receive the care they need and deserve.โ
Heidi Capriotti, spokeswoman for AHCCCS, said her department does not comment on pending litigation.
