In addition to ongoing public policy and public awareness initiatives, First Star advocates for the rights of America's foster children through carefully targeted litigation. Usually taking the form of amicus curiae briefs, First Star's legal projects seek out specific cases involving children in which the court's decision may have a much broader impact on foster youth nationwide.

In June 2006, First Star and Sullivan & Worcester LLP were granted leave to file an amicus curiae brief on behalf of a 16-year-old foster youth, John G. The brief requested that the North Carolina Court of Appeals order the Guilford County Department of Social Services (DSS) to apply John's Supplemental Security Income (SSI) payments to his monthly mortgage and to the costs of repairs on a house that John inherited. In December 2005, the District Court ordered DSS to make the monthly mortgage payments, but DSS had chosen instead to let the house hover near foreclosure by redirecting John's money into the agency's own accounts - and had appealed the District Court's decision to the North Carolina Court of Appeals.

Given its unusual circumstances, John's case came to characterize the ongoing clash between children's advocates and state welfare agencies across the country regarding proper use of more than $100 million in SSI benefits for foster children with deceased or disabled parents. First Star recognizes the widespread negative consequences of a decision in favor of DSS, and in filing the brief, First Star sought to facilitate the Court's understanding of the broad legal effects of its decision on America's most vulnerable children.

However, on November 5, 2007, the Court handed down its decision in favor of John and his advocates, representing a major court victory for foster children nationwide. The Court of Appeals rejected the state’s arguments and said that “nothing in the concept of our federal system prevents state courts from enforcing rights created by federal law.”  The Court’s decision also stated that DSS’s “interpretation of [the federal statute] takes the statute out of context and is an improper attempt to fashion a shield into a sword to be used against the intended beneficiary of the law….”.

“This case underscores the importance of having legal representation for foster children while they are in the system to protect their interests, rights and property,” First Star Executive Director Amy Harfeld said in a press release. “Children who are represented by well-trained, client directed attorneys in dependency hearings receive the best care and have a much stronger chance for success in the short and long term."

In January 2008, the North Carolina Court denied a state appeal request, and with that decision, the John G. case will now set precedent for other, similar cases involving foster children in North Carolina and across the United States.

Additional Briefs:

Reply Brief of the Appellant

Media Links:

First Star press release

New York Times — Welfare agencies seek foster children's assets

Greensboro News-Record — DSS keeps up the not-so-good fight

Greensboro News & Observer — Youth's home on the line

Charlotte Observer -- Teen wants to be heard. DSS says no; What rights do kids under state care have?