Lawsuit Alleges Inadequate Care in North Carolina’s Foster System

Lawsuit Alleges Inadequate Care in North Carolina’s Foster System
Law enforcement stand guard outside the state Capitol in downtown Raleigh, N.C., on Jan. 17, 2021. Logan Cyrus/AFP via Getty Images
Savannah Hulsey Pointer
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A lawsuit has been filed on behalf of children in the foster care system in North Carolina over the alleged endangerment of children in state custody.

The North Carolina Department of Health and Human Services (DHHS) was sued on Aug. 27, with plaintiffs claiming that understaffing led to a lack of monitoring of residential facilities, putting children in the system in harm’s way.

The class action lawsuit, filed on behalf of juvenile foster care children represented by adults, attributes the system’s alleged failure to the absence of a cohesive digital case management system.

The plaintiffs say that children are being denied behavioral and therapeutic assistance due to frequent relocations and that they are being prescribed too much or too little medication, including psychotropics.

They say that a lack of services, including more than 60 percent of counties lacking child or adolescent psychiatrists, exacerbates the problem.

Additionally, the plaintiffs allege that the system is not effectively removing children from hazardous situations and is not able to find them permanent and stable homes.

The lawsuit also targets Mecklenburg County, which includes Charlotte, the largest city in the state. The plaintiffs allege that Mecklenburg County has a policy of transporting foster children to hospital emergency departments for mental health treatment, then retaining them there for weeks beyond the medically necessary duration as a result of its inability to secure suitable placements.

“North Carolina’s foster care system has been operating in a state of crisis for years,” the plaintiffs say in the lawsuit. “The foster care population is increasing while foster home capacity decreases. Children are placed into institutions at twice the national average, are shuttled between placements with disturbing frequency, and do not receive adequate services or necessary medical treatment or education.”

The plaintiffs say that the state’s failure to regulate licensed facilities has led to crushing caseloads for workers and children remaining in state custody, where they are at risk.

According to the lawsuit, the DHHS has also failed to establish an effective statewide case management program. This alleged failure has resulted in the inadequate communication of the children’s medical information to their caregivers and the infrequent evaluation of longterm plans for their permanent placement. The plaintiffs demand the state evaluate permanence plans at least once every six months, as mandated by federal law.

The DHHS did not immediately respond to The Epoch Times’s request for comment.

On the same day the suit was filed, the DHHS announced in a press release that the state had invested $4.5 million in a child treatment program for behavioral health services. The investment is part of a statewide initiative aimed at training mental health providers in trauma-informed treatment models for children with complex needs.

The DHHS also committed resources to expand access to behavioral health treatments, ensuring that young people and their families receive timely support in the communities where they reside and attend school.

“As we work to transform the child behavioral health system in North Carolina, we’re not only investing to increase access to services but to improve the quality of treatment available to children and families,” said Health and Human Services Secretary Kody H. Kinsley. “We’re training more clinicians statewide to provide effective, evidence-based treatment with high standards so that children have access to the best possible care in their communities.”