LAURIE Q. v. Contra Costa County

MEMORANDUM AND ORDER RE: DEFENDANT’S MOTION TO DISMISS

Plaintiffs Laurie Q. et al, individually and on behalf of others similarly situated, are or were special needs foster children in the care and custody of defendant Contra Costa County (“the County”). Plaintiffs maintain that the County, allegedly the representative payee of Social Security benefits for the children, impeded the adoption process and used the benefits for purposes unrelated to the children. Plaintiffs also allege that defendant engaged in widespread violations of the laws enacted to protect the children. Now before the court is defendant’s motion to dismiss portions of the first, third, and sixth causes of action contained in plaintiffs second amended complaint. Defendant argues to the court that the Eleventh Amendment bars plaintiffs’ prayers for compensatory monetary relief, that the doctrine of Younger abstention prevents this court from granting injunctive relief on plaintiffs first cause of action, and that named plaintiffs’ claims have been mooted because they are no longer within the County’s foster care system. Having considered the parties’ arguments and submission, and for the reasons set forth below,…