The Alabama Department of Human Resources (DHR) has asked a Madison County Circuit Court to seal public records in a lawsuit filed by Kids to Love.
DHR stated that juvenile records should remain confidential and the entire case should be marked confidential.
Kids to Love, a non-profit founded by Lee Marshall, a former north Alabama news anchor, claims DHR's suspension of referrals to the organization's foster care homes and facilities is unconstitutional, illegal, void, arbitrary and capricious.
The civil lawsuit claims that DHR director Nancy Buckner and other employees of DHR suspended referrals following the posting online of information about children in need of adoptive homes. Kids to Love removed all children's information, which it said originally came from DHR. It also claimed they were not given notice about the suspension.
Kids to Love is asking the court for preliminary injunctive relief by rescinding the suspension of referrals and reissuing its licenses.
"Defendants have exhibited their unconstrained resolve at operating outside of the Constitution, the law, regulations, and policies to violate the rights of Kids to Love, its licensed foster families, and children in foster care," court documents filed by Kids to Love stated.
The state claims those licenses have not been suspended. Still, Kids to Love has asked for a judicial review of DHR's procedures for suspending referrals.
Testimony from Buckner has been blocked in a Montgomery County administrative hearing case.
However, on Thursday, Madison County Circuit Judge Claude Hundley III ordered that Kids to Love has the right to depose or subpoena any witnesses they choose, including Buckner, to support its position in that case.
Attorneys for DHR said the Madison County case is an attempt by Kids to Love to circumvent the administrative process. They have asked for the case to be dismissed.
A temporary restraining order prohibiting DHR from removing children from Kids to Love is currently in place.
Attorneys for DHR claim Kids to Love has violated confidentiality obligations and denied all claims against them.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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