Louisiana DCFS named in class action lawsuit, accused of not keeping kids safe, healthy

Keymonte Avery
·2 min read

BATON ROUGE, La. (BRPROUD) — The Louisiana Department of Children and Family Services was listed in a class action lawsuit by organizations representing more than 4,000 children in Louisiana after being accused of having a “dysfunctional system that violates constitutional rights.”

According to official court documents, on Feb. 19, 2024, DCFS Secretary David Matlock said in an interview that Louisiana’s child welfare system was in a “death spiral” and was “hemorrhaging employees.”

In March 2022, former DCFS Secretary Marketa Garner Walters reportedly said the department was “drowning” and had more than 400 vacant positions.

In January 2023, the Senate Committee of Health and Welfare met with DCFS officials who said there had been a 33% increase in the caseload, even with an increase of new employees.

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The 95-page complaint includes multiple stories about children who were injured, sick, abused or died. The department was not able to maintain all cases due to a limited number of employees and resources to help children.

In the department’s 2024 annual progress report, Louisiana reportedly earned had the lowest permanency and stability in children’s living situations since the 2019-20 report. The report states the state is performing below the national average.

The lawsuit argues that Louisiana is not providing adequate mental care, medical assistance and educational services.

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Wheeler Trigg O’Donnell LLP, A Better Childhood and Simon, Peragine, Smith & Redfearn, LLP are organizations and firms involved in filing the lawsuit.

“The State of Louisiana has failed to keep these children safe,” Kevin Homiak, Wheeler Trigg O’Donnell’s Pro Bono Committee co-chair, said in a news release. “Due to systemic issues, the state’s most vulnerable children are suffering. These children must be protected, not neglected.”

The plaintiffs are asking that the state find that DCFS and Louisiana’s actions are violating constitutional rights and federal law. They want the following changes:

  • Keep children safe while in foster care.

  • Lower caseload capacity per employee.

  • Improve recruitment and retention of trained employees.

  • Ensure children are placed in homes that meet the standards.

  • Ensure children with disabilities are receiving the proper services.

  • Develop a process to match children with safe foster homes.

  • Plan for permanent placement for children.

Gov. Jeff Landry and Matlock are among the defendants listed.

BRProud has reached out to DCFS for a comment on the suit. A spokesperson for the department said, “We are aware of the complaint and are reviewing it.”

View the full complaint below.

DCFS-ComplaintDownload

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