The U.S. Court of Appeals for the Second Circuit issued its decision in *B.B. v. Hochul* on Feb. 2, 2026, addressing a class action lawsuit that challenged New York's foster care certification requirements. The case involved 14 children who were removed from their biological parents by New York City officials and whose relatives were subsequently denied certifications to foster or adopt them.
The plaintiffs in the case included multiple minors represented by their next friends, including Joy Rosenthal, Cynthia Godsoe, Adira Hulkower, Jennifer Melnick, Anna Roberts, Lisa Hoyes, and Peggy Cooper Davis. The children sued Governor Kathy Hochul in her official capacity, Sheila J. Poole as Commissioner of the New York State Office of Children and Family Services, and the City of New York.
According to court documents, the central issue in the case was New York's certification scheme for foster and adoptive parents. The plaintiffs alleged that relatives who sought to care for the removed children were denied certifications because of criminal history or reports of child abuse or mistreatment. The children argued that this certification system violated their constitutional rights.
The case originated in the U.S. District Court for the Eastern District of New York before being appealed to the Second Circuit. The appeals court heard oral arguments on Dec. 13, 2024, with athree-judge panel consisting of Circuit Judges Park, Menashi, and Kahn presiding over the matter.
The lawsuit represents a significant challenge to state child welfare policies and the balance between protecting children and maintaining family connections. When children are removed from their homes due to safety concerns, child welfare agencies must determine suitable placements, often preferring relatives over non-family foster care when possible.
New York's certification requirements for foster and adoptive parents typically include background checks and assessments of past incidents involving children. These standards are designed to ensure child safety but can create barriers when relatives with criminal histories or past child welfare involvement seek to care for removed children.
The case highlights the complex legal and practical challenges facing child welfare systems nationwide. States must navigate federal requirements under laws such as the Adoption and Safe Families Act while implementing their own procedures for evaluating potential caregivers. The tension between maintaining family connections and ensuring child safety often creates difficult decisions for courts and agencies.
Class action lawsuits in the child welfare context typically arise when systemic policies allegedly violate children's constitutional rights. These cases can result in court-ordered reforms to state practices and ongoing judicial oversight of child welfare systems.
The Second Circuit's decision in *B.B. v. Hochul* will likely influence how other jurisdictions approach similar certification requirements and could affect thousands of children in foster care across the region. The court's analysis of constitutional protections for children in state custody and the rights of relatives seeking to provide care will be closely watched by child welfare advocates, legal practitioners, and state agencies.
The involvement of multiple next friends representing different children demonstrates the widespread impact of the challenged policies. Next friends serve as legal representatives for minors who cannot sue on their own behalf, allowing children to bring constitutional challenges to government actions affecting their welfare.
New York operates one of the nation's largest child welfare systems, with thousands of children in foster care at any given time. The state's policies regarding relative placements can significantly impact children's experiences in care and their long-term outcomes.
The case also underscores broader debates about criminal justice reform and second chances, as relatives with past legal troubles seek opportunities to care for family members. Child welfare experts continue to study the effectiveness of various screening mechanisms in predicting future risk while maintaining appropriate safety standards.
The Second Circuit's decision will establish precedent for similar challenges in Connecticut and Vermont, which also fall under the court's jurisdiction. Other federal circuits have addressed related issues involving state child welfare practices and constitutional protections for children in foster care.
The resolution of *B.B. v. Hochul* may prompt legislative or administrative changes to New York's certification processes, potentially affecting how the state evaluates relatives and other prospective caregivers. The decision could also influence ongoing discussions about reforming child welfare systems to better serve children while respecting family relationships.