Henry A., et al. v. Willden, et al.

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Plaintiffs, a group of foster children, appealed the dismissal of their complaint pursuant to Rule 12(b)(6). Plaintiffs brought this action under 42 U.S.C. 1983, alleging violations of their substantive and due process rights under the Fourteenth Amendment and violations of their statutory rights under the Adoption Assistance and Child Welfare Act (CWA), 42 U.S.C. 670 et seq.; the Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. 5101 et seq.; and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1431 et seq. The complaint alleged that the county's foster care system was plagued by systemic failures that resulted in violations of the rights guaranteed to foster children by federal statutes and the Due Process clause of the Fourteenth Amendment. The court reversed the dismissal of Counts One, Two, Three, Eight, and Eleven; affirmed the dismissal of Counts Nine and Ten; and remanded for further proceedings. On remand, the district court should allow plaintiffs leave to amend their substantive due process claims, and plaintiffs could seek further leave to amend if they wished to add a claim under the IDEA's express cause of action.