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K.J. EX REL. LOWRY v. DIVISION OF YOUTH AND FAM.

Civil Action No. 04-3553(SSB).

363 F.Supp.2d 728 (2005)

K.J., T.J. and M.J., by their Guardian ad litem, Marcia Robinson LOWRY, Plaintiffs, v. DIVISION OF YOUTH AND FAMILY SERVICES, Department of Human Services, State of New Jersey, Patricia Belasco-Barr, Michele Guhl, Charles Venti, Doris Jones, Managerial Does 1-10, Supervisory Does 1-10, and Casework Does 1-10, Defendants.

United States District Court, D. New Jersey.

April 6, 2005.

Attorney(s) appearing for the Case

Richard L. Bazelon, Esq., Steven K. Kudatsky, Esq., Bazelon, Less & Feldman, P.C., Marlton, NJ, for Plaintiffs.

Richard D. Emery, Esq., Eric Hecker, Esq., Emery Celli Brinckerhoff & Abady LLP, New York City, of Counsel to Plaintiffs.

Marcia Robinson Lowry, Esq., Children's Rights, Inc., New York City, Guardian ad litem for Plaintiffs.

James D. Harris, Esq., Karen L. Jordan, Esq., Office of the N.J. Attorney General, Trenton, NJ, for Defendants.

Kevin Ryan, Esq., Executive Director, Office of the Child Advocate, Trenton, NJ, Representing the Office of the Child Advocate.

OPINION ON MOTION TO DISMISS UNDER RULE 12(b)(6)

BROTMAN, District Judge.

On October 10, 2003 Plaintiffs' older brother, B.J., was observed eating out of a trash can in Collingswood, New Jersey.1 (OCA Rpt. at 1.) Police responded to an early morning call about a "little kid" eating garbage and encountered an evidently malnourished nineteen year-old. B.J. weighed just forty-five pounds and stood only four feet tall. (Id.

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