Amicus brief emphasizes critical role of federal courts in protecting rights of youth in state custody 

RICHMOND, VA — Virginia Poverty Law Center (VPLC) joins the National Center for Youth Law (NCYL) and more than 30 civil rights organizations in urging the U.S. Court of Appeals for the Fourth Circuit to preserve the federal judiciary’s role in protecting the rights of children in foster care. 

In an amicus (“friend of the court”) brief filed in Jonathan R. v. Morrisey, the organizations call on the court to overturn a lower court decision that would severely limit the ability of youth and advocates to seek systemic reform through federal litigation. The case challenges widespread violations of the rights of children in West Virginia’s foster system. 

“If a state removes a child from their family, it has a legal and moral obligation to ensure that child is not further harmed,” said VPLC attorney Valerie L’Herrou.  “The federal courts play a vital role in holding state systems accountable when they fail in that duty.” 

VPLC has a long history of advocating for families and children involved in the child welfare system. Children from low-income households—particularly Black and Indigenous families—are disproportionately impacted. Foster care, though sometimes necessary, is a deeply disruptive intervention that can have lasting traumatic effects. Youth who age out of foster care face significantly higher risks of poverty, homelessness, and low educational attainment. 

The amicus brief urges the Fourth Circuit to ensure that no state agency—no matter how complex—is beyond constitutional accountability, especially when the lives and futures of vulnerable children are at stake.

This action comes during National Foster Care Month, a time to highlight the needs of children in foster care and to recommit to policies and systems that protect and empower them.

The full list of organizations joining the amicus are: American Civil Liberties Union (ACLU), ACLU Foundation of Maryland, ACLU of North Carolina Legal Foundation, ACLU of South Carolina, ACLU of Virginia, Advokids, Children’s Rights, Education Law Center, Equal Justice Society, Impact Fund, Institute for Constitutional Advocacy & Protection, Juvenile Law Center, Kansas Appleseed Center for Law and Justice, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Lawyers for Children, Lawyers for Civil Rights, Legal Aid Justice Center, Lives in the Balance, Mountain State Justice, National Association of Counsel for Children, National Center on Adoption and Permanency, National Center for Youth Law, Nebraska Appleseed Center for Law in the Public Interest, Network on Women in Prison, Public Counsel, Public Justice Center, Roger Baldwin Foundation of the ACLU, Southern Center for Human Rights, Southern Poverty Law Center, Texas Civil Rights Project, Virginia Poverty Law Center, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and Youth Law Center.  

Read the full amicus brief here. 

Media Contact: Connie Stevens, VPLC Communications Director
connie@vplc.org, 540.354.8597