Decision may allow class action

A federal appeals court agreed Thursday to hear arguments on whether a Las Vegas federal judge erred in denying a class-action lawsuit filed on behalf of those in Clark County's child welfare system.

The 9th U.S. Circuit Court of Appeals did not immediately set a date for the hearing, but attorney Bill Grimm of the National Center for Youth Law called the court's decision a win for the county's abused and neglected children.

"It's a victory for the children we represent in foster care," Grimm said.

The center filed the class-action lawsuit two years ago in hopes of bringing widespread reform to what Grimm called a flawed system that fails to protect children in its care.

U.S. District Judge Robert Jones denied the class action in July, prompting the appeal.

The appellate court's decision to hear the appeal while the original case is pending was a rare and "extraordinary" move, Grimm said.

Without the class action to represent the more than 3,000 children in the system, the lawsuit would represent only the nine children named as plaintiffs, he said.

In a statement, a spokeswoman for Clark County's Department of Family Services said county officials believed Jones' decision was correct and the department intended to file a brief with the appellate court supporting his decision.