A federal lawsuit obtained on Friday alleges that Los Angeles County and state agencies responsible for providing welfare and mental health services to older youth in foster care have created a “pipeline to homelessness” that violates the plaintiffs’ constitutional rights.
Youth advocacy organizations argue that these agencies have consistently failed to ensure that “transition age foster youth” (ages 16-21) have meaningful access to essential housing, mental health, and other services that they are legally entitled to.
The lawsuit, filed in Los Angeles federal court on Tuesday, is a proposed class-action suit brought on behalf of six young people in foster care.
The suit claims that the county’s Children and Family Services and Mental Health departments, as well as the state’s Health and Human Services Agency, Department of Health Care Services, and Department of Social Services, are failing in their responsibility to provide foster care dependents with “safe, stable, and appropriate placements free from physical, psychological, and emotional harm,” along with health and mental welfare services.
In a joint statement, the county departments stated their commitment to ensuring the well-being of young people as they transition to adulthood and providing services to assist with that process.
“Young people leaving the child welfare system face significant challenges such as food, housing, and income insecurity, often without the guidance or support of family,” the statement reads. “DCFS and DMH help transition-age youth navigate these challenges by providing assistance with education and housing plans, job preparedness, transportation, and mental health services.”
DCFS and DMH also mentioned their ongoing efforts to form partnerships with public, private, and nonprofit organizations to enhance housing stability and create living-wage job opportunities for young people leaving foster care.
The state agencies declined to comment on the pending litigation.
According to the lawsuit, eligible youths have the option to remain in foster care until they turn 21. Last year, the county had over 4,200 young people aged 16-21 under its care.
“By denying transition age youth in foster care the housing and crucial services they are legally entitled to, state and county defendants send the unmistakable message that these youth are disposable, and that the government would rather wash its hands of their care,” said Tara Ford, senior counsel at Public Counsel, one of the firms involved in preparing the 108-page lawsuit.
“Today, our young clients, all of whom are transition age youth in foster care, are taking a bold step to protect their rights and send another clear message: ‘We matter. We deserve care. We deserve better.’ We are dedicated to defending the rights of transition age youth in foster care to safe, stable, appropriate housing, and the necessary supportive services,” Ford added.
The plaintiffs argue that the foster care system exacerbates existing trauma by subjecting youth to multiple unsuitable placements, separation from siblings and loved ones, and abuse and neglect in foster homes.
The lawsuit states that a disproportionately high percentage of these youth have mental health conditions and disabilities stemming from complex trauma, as well as young parents striving for health, stability, and safety for themselves and their families as they transition to adulthood.
“The majority of foster youth in Los Angeles County come from low-income Black and Latino communities,” the suit points out.
The alleged failures of the state and county agencies to meet their legal obligations have created a path from the foster care system to homelessness, subjecting these young people to ongoing trauma and pushing them to the margins of society. Transition age foster youth are forced into couch surfing, living in tents on city streets, residing in dangerous temporary shelters for adults, and experiencing vehicular homelessness. Without reliable places to sleep, shower, or store their belongings, these youth face significant barriers to pursuing higher education or maintaining employment.
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