The Legal Aid Society filed a class action lawsuit to challenge New York City and State’s denial of kin foster and adoptive homes to children under its custody and supervision. Our clients are routinely denied safe, loving and familiar foster and adoptive homes with relatives because of the kin caregiver’s criminal history or records on the state registry of maltreatment. This history can be decades old and have no bearing on the relative’s current ability to care for the child. These denials have grim consequences: children who could have been placed with family are thrust into stranger foster care or institutional group care, or are deprived of necessary services and support. This practice only serves to magnify the trauma of parental removal that children experience in foster care and leaves children unnecessarily vulnerable.

In 2023, the District Court granted the government’s motion to dismiss for lack of subject matter jurisdiction. In January 2026, the Second Circuit reversed remanded the case, finding the plaintiffs alleged sufficient injury. It did, however, affirm the dismissal of two plaintiffs as moot.