Bolch v. Stein

Juvenile Law Center joined the National Association of Counsel for Children, the ACLU, and Youth Law Center in an amicus brief challenging rigid “next friend” requirements that prevent children in the foster system from being able to seek help from the federal courts. Federal courts require that lawsuits on behalf of minors be filed by a “next friend” or adult who can represent their interest. In this case, children in North Carolina filed a lawsuit claiming that the state and the county had deprived them of stable placements, shuttling them between temporary and often non-familial custodial arrangements. The Federal District Court refused to allow their lawsuit to proceed because they lacked a “close relationship” with their designated next friends. We argued that this placed children in the foster system in a catch-22, in which they may challenge a foster care system only through adults with whom they have significant relationships, yet the constitutional violations alleged in the case systematically prevent them from forming and maintaining such relationships.