Clark County may settle child welfare lawsuit for $2 million

Seven former foster children alleging abuse and neglect in the child welfare system may soon receive a settlement in excess of $2 million from Clark County.

Clark County has spent spent $1.4 million on attorney fees, which covered outside counsel, and other costs in defending the case, according to Clark County spokesman Erik Pappa.

The $2.075 million settlement will go before the Clark County Commission for approval during its Tuesday meeting.

“These children and youth, who are subject of the settlement, were injured physically and mentally,” Bill Grimm, the attorney representing the children, said Friday. “Every single one of them went down this long road because they entered (the lawsuit) to improve the system for the children that came after them. They certainly remain hopeful that they will send a message to the system.”

The federal civil rights lawsuit aimed at improving Clark County’s child welfare system had dragged on since 2010.

Grimm is a senior attorney at the Oakland, Calif.-based National Center for Youth Law, which filed the lawsuit. The lawsuit alleged the county’s child welfare agency failed to provide adequate care and safety for its foster children.

A federal judge threw out the case a few months after it was filed, saying it failed to show why county and state officials should be held liable for the problems, which included over-medication of children with psychiatric issues and physical abuse while in foster care.

In 2012, a federal appeals court reinstated the suit.

Thirteen children were originally part of the lawsuit, which has undergone several changes and no longer names the state as a defendant. Six plaintiffs were dropped and the remaining seven plaintiffs range in age from 5 to 20.

Four of them are under 18, Grimm said.

Of the settlement, $1.6 million will directly benefit the seven former foster children, while $500,000 will cover attorney’s fees and costs for plaintiffs’ counsel, according to the agenda item.

“It’s a very positive outcome for our clients and we think it will make a meaningful difference in their lives,” Grimm said, adding that the former foster children will have resources many of them never thought they would have available to help them recover.

Some of the claims date back 20 years, which includes 10 years when the state of Nevada was responsible for providing foster care, according to a summary of the settlement from Clark County officials.

The county has made policy and procedure changes to address deficiencies in the system as transferred to the county from the state in 2004.

Some of the seven foster children were on multiple psychotropic drugs and some of the younger children were abused in their foster homes, Grimm said.

When the lawsuit started, it sought injunctive relief that would make system changes to benefit all foster children. Grimm said he hopes county officials have learned from this case and added that the National Center for Youth Law will keep a close eye on what comes out of the recently formed blue ribbon committee to examine problems in the county’s child welfare system and courts.

Nevada Supreme Court Justice Nancy Saitta appointed the committee.

“We’ll be watching closely ... with the hope that it will provoke further changes in the system,” he said.

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-383-0440. Find her on Twitter: @YeseniaAmaro.