SCOTUS Refuses To Give Foster Kids Civil Rights

"Wizards of SCOTUS, do foster kids have civil rights?"

Here is a tale of a band of rebels who dared to ask the mightiest court in the nation if foster kids have civil rights.  Of course, it is told with tongue in cheek for sake of conveying the message, but I believe I get my point across.

Without boring people with the legalese, I will run it quickly run it down:

The lawyers representing foster kids end up seeing kids abused and neglected in foster care because they have too many cases.  So everyone got together to see if they could sue.

The Children's Advocacy Institute (CAI) of University of San Diego filed in District court under 42 U.S.C. 1983 on the question of whether minors, where the state has filed in loco parentis (ie. Foster care, juvenile delinquents, mental health, 15 U.S.C. 15(c)), have civil rights to be protected while in placement.

The case was kicked out because the judge said, "how do you expect a federal court to tell a state court what to do, even if what they do is treating kids like crap.  Foster kids have no civil rights.  They are state property and we can not tell the state what to do."

Then CAI went to the 9th Circuit and asked them if foster kids have civil rights.  The federal Appeals Court said "You heard what they said, no."  Of course, went to all the judges of 9th Circuit and asked again, "Do foster kids have civil rights?"  9th Circuit opined with a "Hell no."

Well, CAI went to SCOTUS with all their friends to ask the mighty Justices if foster kids had civil rights.  SCOTUS, in its infamous wisdom refused to say anything and slammed the door on anyone else who dares ask the question again on October 15, 2012.

The end?  Perhaps not.  Let's see what Children's Rights is going to do about their cases.

U.S. Supreme Court Amici Curiea Brief On Whether Foster Children Have Civil Rights Under Federal Law

On a side note, I spoke with Congressman John Conyers, Jr. on the issue of whether foster kids have civil rights.  I thought it only proper to bring it to his attention so I encourage anyone with a vested interest in this subject matter to contact him and ask him the same question.

Make sure to tell him I sent you.

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The Fleecing of Foster Children

Report by Children's Advocacy Institute on how states take foster kids money and leave them with nothing when they age out.

"The fraudulent use of a child’s Social Security benefits by a representative payee is of great concern. Usually a representative payee lives with the child and has firsthand knowledge of the long and short term needs of the child. However, with governments acting as representative payees for foster children, Social Security benefits are frequently dumped into an account and billed for services by someone who often has never even met the child let alone has intimate knowledge of the best interest needs of the child."

The next time someone tells you how wonderful the states take care of foster kids, make sure to send them this link.
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