JOYNER BY LOWRY v. DUMPSON

No. 707, Docket 82-7683.

712 F.2d 770 (1983)

Jay Andrew JOYNER, By his attorney and next friend, Marcia Robinson LOWRY, and John Marshall, by his attorney and next friend, Marcia Robinson Lowry, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. James DUMPSON, Individually and as Administrator of the New York City Human Resources Administration, and as Commissioner of the New York City Department of Social Services, Carol Parry, Individually and as Assistant Administrator for special services for children; Bernard Shapiro, Individually and as Executive Director of the New York State Board of Social Welfare; and Barbara Blum, Individually and as Commissioner of the New York State Department of Social Services, Defendants, Barbara Blum, Commissioner of the New York State Department of Social Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1983.


Attorney(s) appearing for the Case

Amy Juviler, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Andrea Green, Asst. Atty. Gen., State of N.Y., New York City, of counsel), for defendant-appellant.

George Kannar, Children's Rights Project, American Civil Liberties Union, New York City (Marcia Robinson Lowry, Children's Rights Project, American Civil Liberties Union, New York City, of counsel), for plaintiffs-appellees.

Before MANSFIELD and MESKILL, Circuit Judges, and NEAHER, District Judge.


MESKILL, Circuit Judge:

This is an appeal from a successful challenge in the United States District Court for the Southern District of New York, Gagliardi, J., to the constitutionality of sections 358-a and 384-a of the New York Social Services Law (McKinney Supp.1982) which require that parents who wish to obtain state-subsidized residential care for their children must transfer temporary custody of the children to the state. The plaintiffs' class is composed...

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