
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, April 19, 1991                   TAG: 9104190204
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A2   EDITION: METRO 
SOURCE: The New York Times
DATELINE: WASHINGTON                                LENGTH: Short

JUDGE SAYS FOSTER CARE A CONSTITUTIONAL RIGHT

In a decison that could have implications around the country, a federal judge ruled Thursday that the District of Columbia's inability to operate an adequate foster care system for children from troubled families is unconstitutional and a violation of federal law.

The U.S. District judge, Thomas F. Hogan, said children placed in a local government's foster care program have a constitutional as well as statutory right to be well cared for and kept free from harm.

It was the first time a federal judge had made such a ruling. It is only binding in Washington but could serve as a model for several other jurisdictions in which similar lawsuits are pending, including New York City, Philadelphia, Kansas and Louisiana.

Hogan said his decision was similar to the Supreme Court's ruling in 1982 that people committed to mental institutions have a constitutional right to be well cared for.

by CNB