Board votes to file brief in Marisol A. v. Giuliani;
Suit cites massive failures of child welfare system
(September 1996)

At its last meeting of the 1995-96 program year, the Chapter's Board of Directors voted overwhelmingly to accept the recommendation of the Committee on Families and Children's Services (CFCS) in support of the filing of an amicus curiae (friend of the Court) brief in the case of Marisol A. v. Giuliani. The lawsuit has been filed by Children's Rights, Inc. against New York City. It seeks to have the public child welfare system placed into receivership (under the supervision of a U.S. District Court judge) in order to address the system's myriad and ongoing problems in delivering competent services to children and families involved in that system.

The Committee considered a number of options for the content of the brief.

After much research and discussion, it was decided that the children in the system would best be served by the Chapter's filing an amicus that was both diagnostic and prescriptive. The brief will identify problems and present the Chapter's recommendations for solutions to these problems. Recommendations will include: lower caseloads; improved supervision, including better use of MSWs in supervisory positions; civil service lines for social workers; consistent and ongoing training for all staff; and the re-funding of the Professional Development Program to provide scholarships for child welfare workers to earn their MSWs.

The motion passed by the Board reads: "To adopt the Committee's recommendation to file a request to be an amicus curiae (independent from Children's Rights, Inc.) indicating that the content of the brief will be a statement or analysis of the problems in the child welfare system and NASW's recommendations for improving the system, with the clarification that the Chapter is not taking a position on receivership."

The next step in the process is to make a request to the Court to become an amicus. A subcommittee of CFCS has begun the process of drafting a request and brief. Pro bono legal counsel is being sought to work with the Chapter in this process. Anyone that can assist the Chapter in the search for legal counsel should contact Deborah Shepherd at the Chapter, 212-668-0050.

Chapter members who have information to contribute about the child welfare system are invited to contact the Amicus Subcommittee, CFCS, New York City Chapter, NASW, 50 Broadway, 10th floor, New York, NY 10004.