New York

A History of Child Welfare Failures in New York

New York’s foster-care system has long been a mirror of both progress and pain—a place where policy reform has clashed with bureaucratic indifference and where countless children have paid the price for the system’s inability to protect them. Below is a selection of cases that show what we mean. Of course, there are many others.

Bernstein v. Wilder: The Beginning of Accountability

The modern reckoning began in the early 1970s with Bernstein v. Wilder, a landmark class-action lawsuit that exposed chronic under-supervision and systemic neglect within New York City’s foster-care network. The plaintiffs—children caught in a maze of agencies and caseworkers—alleged that the city’s Department of Social Services failed in its constitutional duty to ensure their safety. The case forced the city to acknowledge widespread deficiencies, laying the groundwork for decades of oversight and reform.

Although Bernstein brought public attention to the state of child welfare, it revealed a painful truth that still resonates today: the most vulnerable children often disappear in plain sight.

Marisol A. v. Giuliani: Systemic Harm in the City

Two decades later, Marisol A. v. Giuliani (1995) reignited the fight for children. This sweeping class action—filed on behalf of thousands of children in New York City’s care—alleged that the City and State failed to protect foster children from abuse, neglect, and repeated placement in unsafe environments. Plaintiffs described horrifying conditions: children shuffled between homes, subjected to physical and sexual abuse, deprived of education, and forgotten by overwhelmed caseworkers.

The federal court recognized deep structural flaws in New York’s Administration for Children’s Services (ACS). The resulting settlement created years of court-appointed oversight, data tracking, and accountability measures intended to reform the child-welfare apparatus. Federal court oversight continued for more than a decade without sustained improvement.

A.M. v. Mattingly: The Next Generation of Reform

By the early 2000s, despite reforms, reports of child deaths and re-abuse continued. In A.M. v. Mattingly (2010), a new group of plaintiffs challenged ACS again—this time focusing on children re-abused after the agency failed to act on clear warning signs. The case revealed how systemic failures persisted even after years of supposed reform.

A.M. v. Mattingly underscored a devastating reality: reforms on paper don’t protect children in practice.

The Judith Leekin Case: When Oversight Disappears Entirely

Few tragedies illustrate systemic collapse more vividly than the Judith Leekin case. Leekin, a foster and adoptive parent who used four aliases, exploited multiple child-welfare agencies over two decades—obtaining custody of at least eleven special-needs children and collecting hundreds of thousands of dollars in government payments.

Behind the paperwork lay unthinkable abuse: children locked away, denied schooling, starved, and beaten. The case exposed how fragmented oversight and nonexistent cross-agency communication allowed one woman to torture children under the state’s watch for years, until she moved to Florida where the abuse was exposed.

Howard M. Talenfeld, the founder of the Justice for Kids® team, was instrumental in bringing the full story to light. Representing ten of Leekin’s surviving adopted victims, Talenfeld fought for accountability—securing more than $27 million in settlements and exposing agencies’ failures to overhaul background-check and inter-agency communication protocols. The case became a national warning: without transparency and oversight, the foster-care system can enable the very abuse it claims to prevent.

The Human Cost Behind the Statistics

Today, nearly 14,900 children remain in New York’s foster-care system. Each class action—from Bernstein to Marisol A. to A.M. v. Mattingly—and every individual tragedy, like Judith Leekin, tells the same unfortunate story: when a system meant to protect instead causes harm, the law becomes a child’s last line of defense.

Justice for Kids®: A Law Firm Built to Protect Children

At Justice for Kids®, every case begins with one conviction: children deserve more than sympathy—they deserve justice. Our firm is one of the few in the nation that focuses exclusively on representing abused, injured, and disabled children in personal injury cases.

While many firms handle personal injury, Justice for Kids® stands apart because we understand the child-welfare system from the inside out: its agencies, its subcontractors, its duties and regulations, and its recurring failures. We represent children not only as individual victims, but also as survivors of systemic harm. Our attorneys have spent decades uncovering the hidden patterns of negligence that lead to preventable tragedies—from overburdened caseworkers and unlicensed foster homes to institutions that ignored signs of abuse for years.

Howard M. Talenfeld: Nationally Recognized Child-Advocacy Leader

Founding partner Howard M. Talenfeld—who has been granted permission to appear in New York courts—has been at the forefront of children’s-rights litigation for over 30 years. A Forbes-recognized attorney and national child advocate, Howard pioneered civil litigation strategies that hold government agencies accountable when they fail to protect children in state care. His landmark cases have resulted in policy changes and multimillion-dollar outcomes that not only compensated victims, but also transformed how states handle vulnerable youth.

Howard’s philosophy—that every lawsuit is a step toward systemic reform—has become the foundation of Justice for Kids®. Under his leadership, the firm has expanded nationally, including teams in New York, to ensure our child clients’ suffering and damages are recovered and do not go unanswered.

Justin Grosz: Leading New York’s Justice for Kids® Fight

In New York, Justin Grosz leads the charge for Justice for Kids®. A passionate, skilled, and creative litigator, Justin has represented children and families in some of the most challenging child-abuse, foster-care, and institutional negligence cases in the state. Known for his tenacity, empathy, and seven- and eight-figure results, he works tirelessly to uncover what went wrong when a child was hurt in the system—and to make sure it is vindicated.
(Link to Justin’s bio)

The Only Law Firm of Its Kind

Justice for Kids® is not just another plaintiff’s firm—it is a movement of attorneys, former caseworkers, advocates, and families dedicated to changing how America treats children in care. From Florida to Illinois to New York, we bring one mission: to protect those who cannot protect themselves. We sit on the boards of child-advocacy organizations and support legal aid, advocacy groups, children’s attorneys, and CASA organizations around the country.

In New York—where the foster-care system has cycled through reform after reform without ending the suffering of thousands—our firm stands as a beacon of hope and accountability. Families come to us when other attorneys won’t take their case, because they know we’ve built our careers fighting systems most lawyers avoid.

Our Legal Services in New York

Justice for Kids® provides a full range of legal services for children who have been hurt, injured, or silenced within New York’s child-welfare, education, and care systems. Every case we take is an opportunity to be a voice for a child who has been overlooked—and to hold accountable those responsible for their suffering.

We combine compassionate advocacy with the litigation strength of one of the nation’s premier children’s-rights law firms. Whether your case involves foster-care abuse, civil-rights violations, institutional negligence, or adoption negligence, our attorneys fight to ensure that every child we represent receives the protection, safety, and dignity they deserve.

New York Foster Care Abuse Attorneys

Foster care should be a refuge. For too many children, it becomes another chapter of harm. Our New York foster care attorneys represent children who have suffered physical abuse, sexual assault, neglect, and emotional trauma while in the custody of the state or its contracted providers.

We investigate cases involving:

• Re-abuse after prior agency reports were ignored
• Negligent supervision or unlicensed foster placements
• Failure to investigate or act on warning signs
• Psychological or medical neglect in residential programs

Justice for Kids® has recovered significant compensation for children failed by the system, and our work also pushes agencies to reform the practices that allowed the abuse to happen. Our attorneys know the foster-care laws, regulations, and accountability gaps unique to New York, and we use that knowledge to protect children and drive change.

New York Child Abuse & Neglect Lawyers

A New York child-abuse lawyer plays a critical role when those entrusted with a child’s care inflict harm—whether it occurs in a foster home, daycare center, public school, residential facility, or hospital.

Our firm handles cases involving:

• Physical or emotional abuse
• Neglect by caregivers or institutions
• Educational mistreatment or discriminatory punishment
• Failure to report or intervene by mandated reporters

Every situation is different, but our commitment is constant: to make sure children harmed under state supervision are seen, heard, and protected.

New York Lawyers for Disabled & Medically Fragile Children

Children with disabilities face unique risks in schools, foster care, and institutional settings. Our New York child-disability attorneys fight for children who are injured in foster care and disability settings.

When a system fails to care for its most vulnerable, the consequences are devastating. Justice for Kids® works with families, physicians, and advocacy groups to help ensure disabled children are treated with the dignity and safety they are guaranteed under the law.

New York Children’s Civil Rights Lawyers

Every child in New York—regardless of background, race, or disability—has a constitutional right to safety, education, and due process. Our children’s civil-rights attorneys represent kids whose fundamental rights have been violated by government agencies, schools, or institutions.

We pursue cases under federal civil-rights statutes (including 42 U.S.C. § 1983) and New York law for:

• Failure to protect children from known dangers in foster care, including physical, sexual, and emotional abuse
• Excessive force and abuse in schools or juvenile facilities
• Child-on-child sexual abuse caused by negligent supervision

Cross link to results page on violations of constitutional rights. We don’t just seek compensation—we pursue accountability that can force agencies to change.

New York Child Sexual Abuse Attorneys

Child sexual abuse leaves lifelong scars, but survivors have rights and the power to act. Our New York child-sexual-abuse lawyers provide trauma-informed representation for survivors across the state, helping them pursue justice under the New York Child Victims Act and related laws.

We represent victims of abuse in:

• Foster homes and group homes
• Schools and churches
• Youth and residential programs
• Medical or psychiatric facilities
• Placements with sexually aggressive children, including child-on-child sexual abuse

We guide families through civil claims, coordinate with law enforcement, and work to support long-term safety and recovery.

Why Families Choose Justice for Kids®

Families come to us when they have lost faith in the system—when they’ve filed complaints, made reports, and still watched their child suffer. Justice for Kids® offers something different: a team that knows how to fight public systems from the inside.

We bring together seasoned New York foster-care lawyers, national child-welfare experts, investigators, and trauma-informed professionals who understand both the legal and human dimensions of each case.

Because for us, it’s never just about a lawsuit. It’s about obtaining victims’ compensation and deterring foster care providers so no other child has to endure this again.

Frequently Asked Questions: Working with a New York Foster Care Attorney

How long does a child-abuse or foster-care investigation take in New York?

Timelines depend on the complexity of each case and the agencies involved. In general:

• Initial response: Within 24 hours of a report, New York’s Child Protective Services (CPS) must begin investigating.
• Investigation phase: This typically lasts 60 days or longer, depending on the circumstances.
• Legal process: Serious abuse, neglect, or systemic failures can take months or years to litigate.

At Justice for Kids®, we help families navigate the process—from reporting and investigations to civil litigation. Our attorneys coordinate strategies and, when helpful, work with CPS, law enforcement, and family courts to ensure a child’s safety, care, and treatment are not delayed.

How will my child’s emotional well-being and privacy be protected during a case?

Protecting a child’s identity and emotional well-being is our top priority. Our New York foster care lawyers request confidential filings whenever possible, advocate for closed hearings, and coordinate with courts to minimize exposure.

If a child must testify, we seek protections that therapists and caregivers recommend to safeguard the child’s emotional well-being. We also ensure compliance with New York privacy laws and federal child-protection standards, so children are not retraumatized by the process meant to protect them.

Our trauma-informed approach means we work closely with caregivers, therapists, and advocates to reduce unnecessary interviews and public disclosure.

Can a New York foster care lawyer help me report abuse?

Yes. Reporting suspected abuse or neglect can feel intimidating, especially when you fear retaliation or don’t know where to turn. Justice for Kids® attorneys guide clients through every step, including:

• Filing reports with CPS or the New York State Central Register
• Communicating with local law enforcement
• Requesting emergency custody changes when needed
• Understanding your responsibilities as a mandated reporter

We make sure you know your rights—and your child’s—before you take any action.

How do Justice for Kids® attorneys work with CPS and other agencies?

Our attorneys help bridge the gap between families and government systems. We:

• Attend safety staffings and advocate during agency reviews
• Challenge CPS findings that minimize or overlook harm
• Collaborate with law enforcement and prosecutors when criminal charges apply
• Work alongside schools, therapists, and healthcare professionals to build comprehensive support for children

Our goal is not only to prove what happened—but to help ensure the child is protected and receives needed therapy and services.

What evidence helps build a strong foster-care or child-abuse case?

Every situation is unique, but these materials are often key:

• Medical reports or injury documentation
• Counseling records showing behavioral or emotional changes
• School records identifying behavioral, emotional, and academic changes
• Photos, texts, or emails that document neglect or abuse
• CPS or agency reports from prior incidents
• Witness statements from teachers, foster siblings, or relatives

Our team helps families gather and preserve evidence safely and legally. We also consult medical experts, trauma specialists, and social-service professionals to strengthen each case.

Why hire Justice for Kids® for a child-welfare case in New York?

Because we’re not just personal-injury lawyers—we understand child protection, foster care, and disability systems. Our New York foster care attorneys know how agencies operate, how investigations break down, and how to expose patterns of neglect that lead to tragedy.

When you work with Justice for Kids®, you don’t just get a lawyer. You get a team that treats your child’s case as part of a larger mission to make New York safer for every child.

Speak to a Compassionate New York Foster Care Attorney Today

If you believe a child has been harmed—through abuse, neglect, or systemic failure—you don’t have to face it alone. The attorneys at Justice for Kids® are here to listen, investigate, and act. We understand how overwhelming it can be to confront powerful institutions, especially when those institutions were supposed to protect your child.

Our New York foster care lawyers represent children and families across all five boroughs—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—as well as cities and communities throughout New York State. We handle cases involving child abuse, neglect, civil-rights violations, foster-care negligence, and institutional misconduct in all settings.

When you contact Justice for Kids®, you’ll speak with an attorney who understands both the emotional weight and the legal complexity of your situation. We treat every client with respect, privacy, and care, while aggressively pursuing justice in court.

Because protecting children isn’t just our work—it’s our purpose.

Contact Justice for Kids® – New York

We fight for accountability—and the resources children need to heal and thrive.

Serving New York City and Beyond

New York City is one of the most dynamic and diverse cities in the world—but behind its skyline and energy lies a system that too often forgets its most vulnerable. With nearly 15,000 children in foster care and tens of thousands more interacting with child-protective agencies every year, accountability is more important than ever.

Justice for Kids® proudly serves children and families across the state, from New York City to Long Island, Westchester, Buffalo, and Albany. Our mission is the same everywhere: to ensure every child has a voice, every family has an advocate, and every agency is held accountable for the harm it causes.

If you’re ready to take action, our attorneys are ready to stand beside you.

📞 Call Justice for Kids® – New York today or fill out our confidential online contact form to speak directly with one of our attorneys.

Because when systems fail, Justice for Kids® steps in.