August 23, 2022

Judge Authorizes Class-Action Lawsuit Alleging Ore. Foster Care Problems

Regulatory Roundup

Judge Authorizes Class-Action Lawsuit Alleging Ore. Foster Care Problems

A judge ruled that plaintiffs alleging dysfunction in Oregon’s foster care system, can sue on behalf of all children in the system. Rather than seeking remedies for the 10 children named in the initial filing, the suit now represents a general class including every child in or eventually in state care. U.S. District Court Judge Ann Aiken wrote in her ruling “The Court concludes that Plaintiff has shown that the injuries claimed by the named Plaintiffs are certain to recur on other similarly situated individuals,” according to OPB on August 19. The suit states that Oregon failed in caring for children, employing too few staff, offering inadequate training, and improperly assessing the needs of foster kids. Disability Rights Oregon, the nonprofit A Better Childhood and attorneys at the firm Davis Wright Tremaine filed the lawsuit in 2019. Named defendants include Gov. Kate Brown, Director of the Oregon Department of Human Services Fariborz Pakseresht, Director of Child Welfare Marilyn Jones and the Oregon Department of Human Services.

Free Speech Challenges to the Licensure of Speaking Professions

The Council on Licensure Enforcement and Regulation (CLEAR) addresses the impact of free speech challenges to the licensure of speaking professions; according to CLEAR, “a lot of lawsuits recently in the U.S. are drawing on the legal argument that states violate the free speech rights of unlicensed individuals by requiring that they meet minimum qualifications and obtain a license in order to practice this so called ‘speaking profession.’” Charla Burill with North Carolina Board of Dietitians and Nutrition and Pepin Tuma with Academy of Nutrition and Dietetics explain why dietetic boards are being sued using this argument, as well as whether other professions should be concerned.

Alabama Medical Marijuana Board Approves License Changes

The Alabama Medical Cannabis Commission (AMCC) approved a set of new rules regulating the introduction of medical marijuana in Alabama. According to WKRG, on August 11 the commission approved a plan to start the licensing process for companies wishing to participate in Alabama’s medical marijuana industry. Changes to Alabama’s medical marijuana bill include fewer security guards required at dispensaries, as well as dispensary doors only sturdy enough to not get easily knocked down.

More Regulatory News

Over a dozen nursing homes could evacuate to facilities that failed state inspections

CT’s cannabis licenses are being approved – could a lawsuit halt the process?

 

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