Individual Cases

New York

NY - Jeremy M. v. Giuliani

Children’s Rights filed this damages lawsuit in August of 2000 on behalf of five-year-old Jeremy and his mother with whom he was reunified after the New York City Administration for Children’s Services (ACS) had retained him in custody without any legal basis for two-and-a-half years under a lapsed custody order. During that time Jeremy was also abused in his foster home. The lawsuit alleged that ACS had a practice of knowingly holding thousands of New York City children in their custody without legal basis under similarly lapsed custody orders.

A settlement agreement was approved by the court in December 2001, which awarded a total of $260,000 to Jeremy and his mother. ACS was also required to release quarterly data regarding the remaining number of lapsed placements. As a result of the lawsuit, ACS heightened attention to minimize the occurrence of lapsed placements.