[4alabama] Alabama - Long-running R.C. case against DHR at an end

[Judy R. Roy]

      Wednesday, April 30, 2008
      LISA OSBURN
      News staff writer
      Litigation in the long-running R.C. case, which placed Alabama
Department of Human Resources under federal oversight from 1991 to January
2007, has ended.

      Plaintiffs in the case will not pursue a full review of the 11th
Circuit Court of Appeals decision to uphold the 2007 removal of that federal
oversight, said James Tucker, an attorney for the plaintiffs.

      "Twenty years of class action litigation has been ended by federal
courts and we respect the decision of the courts," he said.

      DHR entered into the so-called R.C. consent decree in 1991 to settle a
lawsuit brought on behalf of children in the state's child welfare system.
The child at the heart of the case was known by his initials, R.C.

      In January 2007, a U.S. district judge terminated the decree, finding
that after 18 years of supervision, "the Alabama child welfare system had
undergone radical changes and was on secure footing to continue its progress
in the years to come, without court supervision."

      Plaintiffs appealed that decision, but the 11th Circuit Court of
Appeals upheld the decision in March.

      Tucker said the plaintiffs still have serious concerns about the
department's ability to provide permanency for children in its care on a
timely basis. But after consulting with other attorneys, they made the
decision not to pursue further litigation in the R.C. case. They will
continue their role as advocates for foster children and state families, he
said.

      DHR Commissioner Page Walley heard of the plaintiffs' decision this
week.

      "I am pleased and believe that the plaintiffs should take great
satisfaction in the fact that they were a vital element of the radical
improvements in Alabama's child welfare services," he said.

      E-mail: losburn at bhamnews.com



      © 2008 The Birmingham News
      © 2008 al.com All Rights Reserved.

Judy R. Roy
Independent Living Resources of Greater Birmingham
206  13th Street S.
Birmingham, AL  35233-1317
Phone  205.251.2223  ext 102
Email  bhamilc1 at bellsouth.net
There are only four kinds of people in the world: those who have been
caregivers; those who are currently caregivers; those who will be
caregivers; those who will need caregivers. - Rosalynn Carter