Children's Law Center and Arnold & Porter File Lawsuit on Behalf of Fathers

Children’s Law Center and Arnold & Porter filed a lawsuit against the District of Columbia challenging the District’s infringement on the rights of children and their parents who live outside the District to live together. The plaintiffs in this case are fathers who were denied custody of their children simply because they lived in Maryland. At issue is the District’s interpretation of the Interstate Compact on the Placement of Children.

“Foster care is for children who do not have parents who can take care of them,” said Judith Sandalow, Executive Director of Children’s Law Center. “It is illegal and causes irreparable harm to place a child in foster care for extended periods of time when that child has a fit parent willing and able to take care of him,” she added. “Which side of Eastern Avenue a parent lives on should not determine whether a child gets to live with her parent.”

The children in this case were removed from their mothers’ care by the District’s Child and Family Services Agency after allegations that the mothers neglected them. The children’s fathers—who had done nothing wrong and were involved in their children’s lives—came forward, but CFSA refused to release the children to them. Instead, CFSA placed the children in foster care and required the plaintiffs to go through an extensive legal proceeding and prove their fitness. If the plaintiff parents lived in the District, DC would have released the children to them within three days. But because they resided in Maryland, CFSA insisted on applying the ICPC and the children were separated from their fathers for weeks or even months.

View our press release (PDF).