JOSEPH A. BY WOLFE v. N.M. DEPT. OF HUMAN SERVICES

No. 94-2160.

69 F.3d 1081 (1995)

JOSEPH A. and Josephine A., by their next friend, Corrine WOLFE; Michael B., by his next friend Dr. Lucy Gale McMurray; Michelle C., by her next friends La Donna Harris and Dr. Lucy Gale McMurray; Joel D., by his next friend Dr. Lucy Gale McMurray; Susan E. and Donald E., by their next friend Barbara Burns, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES; Lawrence B. Ingram, individually and as Secretary of the New Mexico Department of Human Services; Margaret Larragoite, individually and as Director of the Social Services Division of the New Mexico Department of Human Services; Darold Christiansen, individually and as Director of the Bernalillo County Social Services Division of the Department of Human Services; Janet Bryan, individually and as Director of the Santa Fe County Social Services Division of the Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 14, 1995.


Attorney(s) appearing for the Case

Marcia Robinson Lowry of the Children's Rights Project, American Civil Liberties Union, New York City (Susan Lambiase and C. Eduardo Rodriguez of the Children's Rights Project, and Robert Levy, Levy & Greer, Albuquerque, N.M., with her, on the briefs), for Plaintiffs-Appellants.

Robyn B. Hoffman, Assistant Attorney General, Office of the Attorney General, Albuquerque, N.M. (Tom Udall, Attorney General, and Robert Tabor Booms, Office of the Attorney General, and Stevan Douglas Looney, Crider, Calvert & Bingham, Albuquerque, N.M., with her on the brief), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, MOORE, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

This case involves the dissolution of a consent decree governing the New Mexico foster care system. The decree requires that the State of New Mexico's Department of Human Services ("the Department") and its top officials (collectively "Defendants") fulfill certain goals and specific requirements. Furthermore, the decree, spawned by a class action brought by a number of children in the state's foster care system ("Plaintiffs"), provides that it...

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