01-22-16;04: 1PM; : # 2/28 RICHARD AMDUR, JR. ESQ. State Highway 34 P.O. Box 409 ‘Matawan, NJ 07747 (732) 970-6750 Attorney for Plaintiff ‘AM., a minor by her Guatdian, JENNIFER SUPERIOR COURT OF NEW JERSEY MORALES, LAW DIVISION OCEAN COUNTY Plaintifi(s), DOCKET NO: OCN-L-2664-15 vs CIVIL ACTION STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF SUMMONS CHILDREN AND FAMILY SERVICES, EILEEN CRUMMY, JACQUELINE KAPPLER, DARNYELLE CRUFF, MICHELLE GAUTEIR, DIANE SMITH, = —_— mm ‘and JOHN DOES 1-20 (names being ficti Defendant(s). FROM THE STATE OF NEW JERSEY TO THE ABOVE NAMED DEFENDANTS: Department of Children and Families 50 East State Street, 2"! Floor ‘Trenton, NI 08625 ‘The plaintif®, named above, has filed a lawsuit against you in the Superior Court of New Jersey. | The plaintiff attached to this summons states the basis for this lawsuit. If you dispute this complaint, ‘you Or your attomey must give a vitien answer or motion and proof of service with the deputy clerk of ‘the Superior Court in the county listed above within 35 days from the date you received this summons, ‘not counting the date you received it. If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the cletk of the Superior Court, Hughes Justice Complex, CN-971, Trenton, NI 08625. A filing fee* payable to the Treasurer State of New Jersey, and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when itis fled, You must also send a copy of your answer or motion to the plainti’s attomey whose name and address appear above, or to plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion (with fee and completed Case Information Statement) if you want the court to hear your defense.01-22-18;04: 1PM; If you do not file and serve a written answer or motion within 35 days, the court may enter a judgment against you for the relief plaintiff demands, plus interest and costs of suit, If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment, Ifyou cannot afford an attomey, you may call the Legal Services Office in the county where you live, If you do not have an attorney and ate not eligible for free legal assistance, you may obtain a referral to an attomey by calling a county lawyer referral service. Dated: January 22, 2016 if (CHELLE ‘Superior Court Clerk Name of Defendant to be serve Department of Children and Families 50 East State Street, 2"! Floor Trenton, NJ 0862516; 04:18PM; LAW OFFICES OF RICHARD A, AMDUR, JR, PO BOX 405 Matawan, NI 07747 (732) 970-6750 Attorney for Plaintiff Attorney 1D 1033331991 RECEIVED & FILED SEF 28 208] SUPERIOR CT., OCEAN AM, 2 minor, by her Guardian JENNIFER MORALES, Praintif(s) Vs, STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES, DEPARTMENT OF CHILDREN ‘AND FAMILIES, EILEEN CRUMMY, JACQUELINE WAPPLER, DARNYELLE CRUFF, MICHELLE GAUTIER, DIANE SMITH, a a and {MJ DOES 1-20 (names being fettious), Defendant(s) ‘SUPERIOR COURT OF NEW JERSEY LAW DIVISION ‘OCEAN COUNTY DOCKET NO: AA Ll U- I CIVILACTION COMPLAINT AND JURY DEMAND ‘The plaintiff, AM,,. a minor, through her Guardian, JENNIFER MORALES, by way of Complaint against the Defendants, says: sist couNT 4. The plaintiff, AM,, date of birth August 23, 2005, was under the care and supervision of the defendants, State of New Jersey, Department of Children and Families, and the Division of Youth ‘and Family Services from 2007 to 2009, The aforesaid defendants place her into foster care with ‘the defendants, lJ 2nd MII SHINE from 2007 to 2009, She is out of foster care and Is presently residing with her mother and guardian, Jennifer Morales, House, Trenton, New Jersey, 08625. Defendant, State of New Jersey Is the executive branch of state government located at State # 4/2801-22-16; 04: 1PM; 3. Defendant, Division of Youth and Family Services (hereinafter referred to as “DYFS") isa dlviston of the Department of Children and Femilies located at 20 West State Street, Trenton, New Jersey 08625. 4. Defendant, Department of Children and Femilies (hereinafter referred to as “DCP”) is department of the executive branch of the New Jersey state government located at 222 South Warren Street, Trenton, New Jersey 08625, 5. Defendant, Eileen Crummy was the diractor of DCF from 2006 to 2008. She is sued in her individual capacity. 6. Defendant, Jacqueline Kappler was plaintif’s caseworker for DYTS. She is sued in her Individual capaclty. 7. Defendent, Oarnyelle Cruff was a supervisor for DYFS that had a supervisory foe In pl with DYFS. She Is sued in her individual capacity. 8, Defendant, Michelle Gautier, was als plant caseworker for DYFS. She is sued in her individual capacity, 9. Defendant, Diane Smith was @ supervisor for DYFS that also had a supervisory role In plaintiff's case with DYES. Defendant, Mi SE was plaints foster mother. 21. Defendant, J SII (deceased) was married to plaintiffs foster mother, MI SII ona he soxually molested and assaulted the plaintiff, 10. 12, Defendants, John Does 2-20 {names being fictitious) are managers, supervisors, caseworkers, Investigators, and/or inspectors with DYES and/or OCF with responsibilities for the care, supervision and wellbeing of the plaintiff. They are sued in their individual capacity.16) 04:18PM; ; ‘SOUNTTWO, 23, Plaintiff repeats and reiterates each and every allegation contained in the First and Second Count of this Complaint as though set forth hereln at length. 24, On Februsry 20, 2007, defendant, YRS removed the plai iff from her mother’s care and temporarily placed her with paternal relatives. On February 22, 2007, defendant DYFS, and thus defendants, OCF and State of New Jersey, were granted custody of the plaintiff. }. In or around April of 2007, defendants, DYFS, DCG and State of New Jersey placed the plaintiff into foster care of defendants, MI 2nd JI SHINN The plaintiff then resided inthe home located a 325 Trenton Avenue, Sayville, New Jersey, thet was jointly owned by the defendants MEI 279 JIN SIRI) raion remained in their care and supervision until August 2009, 16, Ino around March of 2008, the plaintlf exhibit sgns of vaginal rash. 17. In of around May of 2008, the plaintiff's mother, Jannifer Morales, expressed her concerns to defendant, Jacqueline Kappler that the plaintiff was being abused while in the care of the SERRE he ploinutt suit cemoined in the SI home. 118, From July 2008 through January 2009, the New Jersey Early Intervention System (NJEIS) reported ‘that the plaintiff was exhibiting Inappropriate behavior in that she was removing her own clothing, 18. An EIP Progress Note from May 14, 2008, noted that the plaintiff, who wras almost three (3} years old, was removing her clothing and inappropriately touching her private parts and putting objects Into her vagina. 20. On May 5, 2009, plaintiff's doctor wanted her checked for a yeast Infection. On May 29, 2009, a urinalysis was performed which showed # higher than normal white blood cell count. 21. On Ma7 27, 2009, the Berkley Township Schoo! Evaluation noted that the plaintiff was removing her clothing and placing food and objects in all orifices other body. 8/ 2816;04: 18M; } 22, \n July 2008, the plaintiff had a visit with her mother, Jennifer Morales. Plaintiff's mother noted thot the plaintiff had finger marks on her thighs. Plaintiff's mother then reported these markings to the defendant, OYFS. 23. In August 2008, the plaintiff was eventually retumed to her mother, Jennifer Morales. On November 10, 2008, the litigation Involving DYFS wes offically terminated. 24, During plaintiff's placement with the defendant, MII) SMM the plaintiit would often mention to her mother, Jennifer Morales, that during visitation that a “SNIP spanked her wile she was at the foster home. When plainif’s mother discussed “JNM with defendants, Jacqueline Kappler and Michelle Gautier, they denied that 2 “JINN” was residing with the plaintiff at her foster home. It was later revealed that “JY was defendant, J SIE. defendant, Mi defendant, JA SIMNNIJ was on approved foster parent by the defendants, DYFS and DCF. MIEN: husbond ond co-owner of the foster home. it is unknown if 25, On March 23, 2033, the pleintiff attended a counseling session with her forensic therapist, Lori Bertonzetti,LESW. On that date, without provocation, the plaintiff disclosed that while she was In foster care with defendant, MI SIMI and under the supervision of the defendants, State of New Jersey, DYFS end DCF, that defendant, JI SIMI sexually molested end assauited her fon more than one occasion by touching her private sreas and rubbing his penis against her vagina, 26. As a result of the conduct of defendant, JI SIMI and the defendants, State of New Jersey, DYFS and DCF and all other defendants, the plaintiff has suffered agreglous harm and permanent physical, emotional, developmental and psychological injuries. # 7/2801-22-18;04: 18PM; 27. The plait 29, 30, 31, 32. COUNT THREE Cchild Placement Bill of Rights Act iff repeats and reiterates each and every allegation contained in the First and Second ‘Count of this Complaint as though set forth herein at length. From 2007 through 2008, the plaintiff was under the care, supervision and control of defendants, State of New Jersey, DYFS, DCF, ileen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith end John Does 2-20 (names being fictitious). During this period, plaintiff had certain rights enumerated and guaranteed by NISA 9:6-B-1. et. seq, the Child Placement Bill of Rights Act, ‘The Child Placement Bill of Rights Act provides that the State of New Jersey has an affirmative obligation to protect the rights of children placed outside the home. ‘The Child Placement Bill of Rights Act provided that the plaintiff had the right to be free from physical and psychological abuse, to have adequate and safe housing, to be free of unwarranted physical restraint and isolation when she was placed in foster care. At all relevent times, defendants, State of New Jersey, DYFS, DCF, Elleen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) acted in a negligent, careless, reckless or ina palpably unreasonable manner, breaching their affirmative duties to protect the rights of the plaintif and her rights under the Child Placement Bill of Rights Act. Defendants, State of New Jersey, DYFS, DCF are directly and/or vicariously liable for the acts of Eileen Crummy, Jacqueline Kappler, Darnyelie Craff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious). 8/ 2801-22-16; 04:18PM; 33. As a direct and proximate result of the foragoing breaches, the plaintiff was caused to suffer serious and permanent injuries and sustained other losses and damages which will continue into ‘the future, WHEREFORE, plaintif, A.M, through her Guardian, Jennifer Morales, demands judgment against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Children ‘and Families, Eileen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MEE SHEE MEIN SHEE 074 Jorn Does 1-20 (names being fictitious) for compensatory damages, interest, attorney's fees, costs of suit and other such rellefas the Court deems equitable and just ‘SQUNT FOUR Fallure to Adequately Screen, Approve and Monitor S{gIIIIJ Home 34, Plaintiff repeats and reiterates each and every allegation contained in the First, Second and Third Count of this Complaint as though set forth herein at length, 35, The defendants, State of New Jersey, DYFS, DCF, Ellaen Crummy, Jacqueline Kappler, Damnyelle ruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) were under various statutory and regulatory obligations to plaintiff to adequately sereen, approve, ond ‘monitor the Sj foster home In order to ensure the plaintiff's safety and welfare, ‘These obligations included but were not limited to, the duty to conduct a detalled home study of the Sf rome prior to placing plantif In that household as set forth in NJAC 10:2220-2.8(a); 3 duty to ensure that MI SII 976 J) SY were oble to care effectively for plaintiffas Foster Parents 2s set forth In NJAC, 10:1226-1.5(); a duty to ensure that MI SI anc |B SII were properly trained to fulfil their obligations as foster parents as set forth in NJ.A.C, 10:1220-2.7; » duty to check the Division's records of child abuse and neglect to ensures rho adult residing in the home has been responsible for an incident of sexual abuse of @ child or an36. 37. incident of child abuse or neglect that caused serious injury or harm to a child, or caused death to ‘a child through abuse or neglect, or has put 2 child at risk of serious injury or harm as set forth in NJAC. 10:1226-2.2 (e](2; a duty to visit the foster home to assess compliance with sleeping space and life sefety stendards, to interview each household member not participating In pre- service training and to verify information about each household member 2s set forth In NJAC. 10:1228-5.2; © duty to conduct annual inspections of the foster homes, which shall Include interviewing all foster children and other household members as set forth in NJAC. 2 220- 2.8(b) and N.JA.C. 10:122C-2.;(b); a duty to promptly and thorough investigate any complaints: or reports questioning MI) and ll SIINIEYs compliance with applicable statutes and/or regulations as sat forth in NLA. 10:122C-2.12(a}; and a duty to remove plaintif from the foster care with the Ss unon determination that plaintiff was not safe in the SI's home as set forth In NJ.A.C. 10:122E-2.1 and N.J.A.C. 10:122E-2.5. Defendants breached these and all other statutory and regulatory obligations to plaintiff. As a direct and proximate result of the foregoing breaches, the plaintiff was caused to suffer serious and permanent injuries and sustained other losses and damages which will continue into the future, (WHEREFORE, plaintif, AM. through her guardian, Jennifer Morales, demands judgment against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Children and Families, Efeen Crummy, Jacqueline Kappler, Darayelle Cruff, Michelle Gautier, Dlane Smith, MEE SIME ME SHIMIN anc sohn Does (1-20) for compensetory damages, Interest, attorney's fees, costs of suit and other such relief as the Court deems. quitable and Just. # 10/ 2801-22-16; 04: 1PM; New Jersey Constitution, Substantive Due P 38, Plaintiff repeats end reiterates aach and every allegation contained inthe First, Second, Third and Fourth Count of this Complaint as though sat forth herein at ength, 39, The New Jersey Constitution under Article 1, Paragraph 1, guarantees the plaintiff the substantive ‘due process right to be free from state-created dangers. 40, The defendants, Stete of New Jersey, DYFS, DCF, Eileen Crummy, Jacqueline Kappler, Darnyelle ruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) violated this right by approving the SIMI as the plaintiffs foster parents and a Tirmatively placing the patti in the SIIB) home where she was sexually molested and physically and mentally abused. The aforesaid defendants also violated this right by felling to remove the plaintiff from the SI home upon discovery indications and signs of physical and emotions! abuse, 41. The physical, emotional, developmental, psychological and psychiatric harms thet plaintiff suffered while In the SIs toster care was foresceably and directly and proximately caused b ‘the defendant's unconstitutional acts and omissions. 42, The defendants acted with malice and wilful disregard for plaintiff's safety when they parmitted her to be placed in the SIMs home, when they permitted the plaintiff to be In the care of defendant J SIMI and when they permitted her to remain with him in the SI home despite repented signs and indications that the plaintiff was being physically and emotionally harmed by ji Si 43, The defendants and the plaintif had a spect relationship because the defendants had custody of the plaintiff and the defendants placed her in State approved foster care, 444, The defendants arbitrarily and capriciously deprived the plaintiff of her due process right under the New Jersey Constitution In absence of any countervailing state Interest, and caused the #117 280t-22- 46, 47. 18;04: 19M; i plaintiff substantial and unnecessary physical, sexual, emotional, developmental, psychological and psychiatric harm, . Plaintiff's substantive due process rights to be free of stete-created dangers were cleerly established Constitutional rights at the time of the defendants’ acts and omissions, and & reasonable individual would have known that thelr acts and omissions would violate these cleerly established constitutional rights, WHEREFORE, plaintiff, A.M, through her guardian, Jennifer Morales, demands judgment against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Children ‘and Families, Sleen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MEE SME ME SIME 27 Jon 000s (1-20) for compensatory damages, Interest, attorney's fees, costs of sult and other such relief as the Court deems e quitable and just. ‘COUNT six ‘New Jersey Constitution, Substantive Dup Pracess: Special Relationship, Plaintiff repeats and reiterates each and every allegation contained in the First, Second, Third, Fourth and Fifth Count of this Complaint as though set forth herein at length. {At all times whan all of the defendants had the plaintiff in their foster care custody, defendants had a special relationship with the plai if, which imposed on the defendants an affirmative duty of care for and to protect the plaintiff from harm under the Fourteenth Amendment of the United State Constitution. . Defendants breached their duty owed to the plaintiff. All of the defendants’ actions and ‘omissions were @ substantial departure from exercise of reasonable professional judgment, practice and standards, and amounted to deliberate indifference to the plaintiffs welfare. # 12/2801-22-18;04: 1 8PM; 449. Defendants acted with deliberate indifference and callous disregard of repeated indications and signs that plaintiff was not receiving adequete care and services while in foster care, and that she was subject to sexual, physical and mental abuse. 50, Defendants falled to ensure the safety and wellbeing of the plaintiff while she was in foster care and In the custody of the State of New Jersey, DYFS and DCF, thus proximately causing her to substantial and unnecessary physical, emotional, developmental, psychological and psychiatric harm. 51. The actions and inactions that resulted In this harm include, but are not limited to: the fallure to adequately monitor the plalntif’s safety and wall-being while n foster care, the fallure to provide ‘the plaintiff with safe and appropriate foster care placement, the failure to ensure that the plaintiff did not deteriorate while In State custody, and the fallure to adequately screen, approve, license and monkor MII 2nd J) SI 2s suitable foster parents. 52, In addition, Eileen Crummy, Darynelle Cruff, Diane Stith, and John Does 2-20 (names boing fictitious) falled to essure the adequate Training of Jacqueline Kenpler, Michelle Gautier, John Does 1-20 (names being Fictitious) and other caseworkers concerning the provision of adequate care and services to foster children and the adequate screening, approval, licensure, and monitoring of foster homes, and failed to ensure that DYFS policies and procedures were interpreted and implemented in a consistent manner, The aforementioned defendants wore ‘aware for years of the inadequate training and other systematic deficiencies in the State's foster care system that contributed to the harm suffered by the plsintff ut fale to take reesonable steps to remedy these deficiencies, The failure to adequately train Jacqueline Keppler, Michalle Gautier, John Does 1-20 (names being fictitlous) and other caseworkers was so obvious, and s0 obviously likely to result in @ constitutional violation and harm, that amounted to deliberate wanton indifference to the plaintiff's welfare, #19/01-22-16;04: 1PM 53, Besed on the foregoing, al defendants deprived the plaintiff of various rights protected by the New Jersey State Constitution, Article 1, Paragraph 2, including but not Imited to: the right to personal security and reasonable safe living conditions, the right to protection from harm, the right not to be harmed physically, emotionally, developmentally or atharwise, the right to basi life necessities, and the right to adequate treatment and services consistent with the exercise of reasonable professional judgment, 54, The defendants arbitrary and capriciously deprived the plaintif of her due process right under the New Jersey Constitution in absence of any countervailing state interest, 55, Plaintif's substantive dua process rights to be free of statecreated dangers were clearly established Constitutional rights at the time of the defendants’ acts and omissions, and a reasonable individual would hve known that thelr aes and omissions would vioate these clearly established constitutional rights, WHEREFORE, plaintiff, AM, through her guardian, Jennifer Morales, demands judgment against ‘the defendants, State of New Jersey, Division of Youth end Family Services, Division of Children and Farnilies, Eileen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MEE SME SEM 206 John Does (1-20) for compensatory damages, interest, attornay’s fees, casts of sult and other such rellef as the Court deems e gultable andi just. COUNT seveNy - i 56. Plalntif repeats and reiterates each and every allegation contained in the First, Second, Third, Fourth, Fifth and Sixth Count of this Complaint as though set forth herein at length. 57. Under N.1S.A. 30:8C-25, defendants, State of New Jersey, Division of Youth and Family Services, Division of Children and Families, Eleen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle22-1804: 18°Ms Gautier, Diane Smith, John Dogs 1-20 (names being fictitious) had a duty to regularly visit the plaintiff while she was In foster care to ensure that she was receiving adequate services and care, 58, The defendants breached this duty owed tothe plein 59, Asa direct and proximate result ofthe defendants’ fllure o fulfil this duty, plaintiff sustained ‘substantial and unnecessary physical, emotional, developmental, psychological, and psychiatric harm, as wells pain and suffering, anxiety, social disruption and other grievous harm. 660, WHEREFORE, plainuf, A.M, through her guardian, Jennifer Morales, demands judement against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Children and Familias Elaan Crummy, Jacqueline Kappler, Darnyelle Crutf, Michelle Gautler, Diane Smith, MEE SM SHRI arc soir D005 (1-20) for compensatory damages, intarest, attorney's fees, costs of suit and other such relief as the Court deems equitable and just. SOUNT EIGHT Duty to Report and Investizate Abuse 61. Plaintiff repeats and reiterates each and every allegation contained in the First, Second, Third, Fourth, Fifth, Sixth and Seventh Count of this Complaint as though set forth herein at length, 62. Defendants, State of New Jersey, Division of Youth and Family Services, Division of Children and Families, Elleen Crummy, Jacqueline Kappler, Oarnyelle Cruff, Michelle Gautier, Diane Smith, John Does 1-20 (names being fictitious) were under various statutory and regulatory obligations to plainlf to report any suspected abuse of plaintiff in order to ensure her ongoing safety and welfare, 63, All defendants who had any contact with plaintiff while she was residing with the SIs had ‘cause to believe that plaintiff had been subjected to child abuse or acts of child abuse and had & duty to immediately report this information. 64, Defendants had @ duty to Investigate such suspected child abuse. #18/ 2801-22-18704: 18PM; ¥ # 16/ 28 65. Defendants, DYFS also had a duty to Immediately report al Instances of suspected child abuse ‘and neglect to the County Prosecutor in the County in which the plaintiff resided, 66. Defendants breached theses statutory and regulatory obligations to the plaintiff 67, As 2 direct end proximate result of the defendants fallure to fulll this duty, plaintiff sustained substantial and unnecessary physical, emotions, developmental, psychological, and psychietric harm, as well 2s pain and suffering, anxiety, social disruption and other grievous harm, 68. WHEREFORE, plaintif, A.M. through her guardian, Jennifer Morales, demands Judgment against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Chiléren and Families, Eleen Crummy, Jacqueline Kappier, Damnyclle Cruff, Michelle Gautier, Dlane Smith, : MEE SHE AB SHME) 2° Sohn Does (1-20) for compensatory damages, interest, attorney's fees, costs of sult and other such relfef as the Court deems equitable and just. COUNT NINE Substantive Due Process: Special Relationshig | 69. Plaintiff repeats and reiterates each and every allegation contained in the First, Second, Third, Fourth, Fifth, Sixth, Sevanth and Eighth Count of this Complaint as though set forth hereln at length. 70. Defendants, Stote of New Jersey, Division of Youth and Family Services, DWvision of Children and Famillles, Elleen Crummy, Jacqueline Kappler, Darnyelie Cruft, Michelle Gautier, Diane Smith, John ‘Does 1-20 (names being fictitious) had the plsintiff in their foster care custody, defendants had a ‘special relationship with the plaintiff, which imposed on the defendants an affirmative duty of care for and to protect the plaintiff from harm under the Fourteenth Amendment of the United ‘States Constitution.04:18PM; { 7A, Defendants breached their duty owed to the plaintiff. All of the defendants’ actions and omissions were 2 substantial departure from exercise of reasoneble professional judgment, practice and standards, and amounted to deliberate indifference to the plaintiff's welfare. 72, Defendants acted with deliberate indifference and callous disregard of repeated indications and signs that plaintiff was not recelving adequate care and services while in foster care, and that she ‘was subject to sexual, physical and mental abuse, 73, Defendants failed to ensure the safety and wellbeing of the plaintiff while sive was in foster care ‘ond in the custody of the State of New Jersey, DYES and DCF, thus proximately causing her to substantial and unnecessary physical, emotional, developmental, psychologicsl and psychiatric harm. 74, The actions and inactions that resulted in this harm Include, but are not fimited to: the fallure to adequately monitor the plaintiff's safety and well-being while In foster cara, the fallure to provide the plainthif with safe and appropriate foster cere placement, the failure to ensure that the plaintiff did not deteriorate white in State custody, and the failure to adequately screen, approve, license and monitor MI and A) SM es suitable foster parents. 75. In addition, Eileen Crummy, Darynelle Cruff, Diane Smith, and John Does 1-20 (names being fictitious) failed to assure the adequate Training of Jacqueline Kappler, Michelle Gautier, John Does 1-20 (names being fictitious) and other caseworkers concerning the provision of adequate care and services to foster children and the adequate screening, approval, licensure, and monitoring of foster homes, and falled to ensure that DYFS polices and procedures were Interpreted and implemented in a consistent manner. ‘The aforementioned defendants were aware for years of the Inadequate training and other systematic deficiencies in the State's foster ‘care system that contributed to the harm suffered by the plaintiff but falled to toke reasonable steps to remedy thesa deficiencies. The fallure to adequately train Jacqueline Kappler, Michelle #17/ 2876. ™ 78, Gautier, John Does 2-20 (names being fictitious) and other caseworkers was so obvious, and so ‘obviously likely to result in @ constitutional violation and harm, that amounted to deliberate wanton indifference to the plaintiff's welfare, Based on the foregoing, all defendants deprived the plaintiff of various rights protected by the Due Process Clause of the Fourteenth Amendment of the United States Constitution, including ‘but not limited to: the right to personal security and reasonable safe living conditions, the right to protection from harm, the right notto be harmed physically, emotionally, developmentally or otherwise, the right to basic life necessities, and the right to adequate treatment and services conslstent with the exercise of reasonable professional judgment, “The defendants arbitrary and capricously deprived the plaintiff of har due process right under the New Jersay Constitution in absence of any countervailing state interest. Plaintiff's substantive due process rights to be free of state-created dangers were clearly ‘established Constitutional rights at the time of the defendants’ acts and omissions, and a reasonable Individual would have known that their acts and omissions would violate these clearly established constitutional rights. WHEREFORE, plantif, A.M. through her guardian, Jennifer Morales, demands judgment against the defendants, State of New Jersey, Dhision of Youth and Family Services, Divslon of Children ‘and Families, Eleen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MEE SNE JME SHRI an John Does (1-20) for compensatory damages, Interest, attorney's fees, costs of sult and other such relief as the Court deems e quitable end Just. # 18/218104: 18PMi ' COUNT TEN, a2 USK, tive st ated 79. Plaintiff repeats and reiterates each end every allegation contained in the Fist, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Count ofthis Complaint as though set forth hereln at length. 80. The Fourteenth Amendment of the United States Constitution guerentees the plaintiff the substantive due process right tobe free from state-created danger. 181, The defendants, Stata of New Jorsey, DYFS, OCF, Elleen Crummy, Jacqueline Kappler, Darnyetie Ccruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) violated this right by approving the SIs asthe plalnif's foster parents and affirmatively placing the plalntiffin the SIMI] home where she was sexually molested and physically and mentally abused. The aforesaid defendants also violated this right by falling to remove the plaintiff from the SI home upon discovery Indications and signs of physical and emotional abuse. £82, The physical, emotional, developmental, psychological and psychiatric harms that plaintiff suffered while in the SIMs foster care wes foreseeably and directly and proximately caused b ‘the defendant's unconstitutional acts and omissions. 83, The defendants acted with malice and wilful disregard for plaintif’s safety when they permitted her to be placed in the SMF home, when they permitted the plainti to be in the care of defendont JM) SAMMI] 2nd when they permitted her to remain with him In the SM home despite repeated signs and indications that the plaintiff was being physically and emotionally harmed by J SS 84, The defendants and the pleintiff had a special relationship because the defendants had custody of the plaintiff and the defendants placed her in State approved foster care. # 19/ 2858504: 18PU; ; 85. The defendants arbitrarily and capriciously deprived the plaintiff of her due process right under the New Jersey Constitution in absence of any countervalling state interest, and caused the plaintiff substantial and unnecessary physica, sexual, emotional, developmental, psychological and psychiatric harm, 86. Plaintif’s substantive due process rights to be free of state-created dangors were clearly established Constitutional rights at the time of the defendants’ acts and omissions, and 2 reasonable Individual would have known that their acts and omissions would violate these clearly ‘established constitutional rights. WHEREFORE, plaintiff, AM. through her guardian, Jennifer Morales, demands judgment against ‘the defendants, State of New Jersey, Division of Youth and Family Services, Division of children and Families, Eileen Crummy, Jacqueline Keppler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MEE SQM AMIN SMI 27 John Does (1-20) for compensatory damages, interest, attorney's feas, costs of sult and other such rellaf as the Court deems equitable and just. (COUNT ELEVEN 42.US.C 8.1983 — Procedural Due Process 87, Plaintiff repeats and relterates each and every allegation contained in the First, Second, Third, Fourth, Fifth, Sith, Seventh, Eighth, Ninth, Tenth and Eleventh Count of this Complaint as though set forth herein at length. 188, The foregoing actions and inactions of the defendants, Eileen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) resulted in the plaintiff being deprived of Constitutionally protected liberty interests without due process of law, which was a substantial factor leading to, and proximate cause of, the physical, emotional, developmental, psychological, and psychiatric harm plaintiff has suffered. # 20/ 28| | 01-22-16304: 18PM; i #21/ 28 ! | 89, Plaintiff was vested, by virtue of New Jersey Child Placement Bl of Rights Act with certain state- | created liberty interests protected by the faderal Due Process Clause, including the right to be | free from physical and psychological abuse, the right to receive adequate housing, the right to | receive adequate and appropriate medical care, the right to have regular contact with case | workers assigned to her cae, the right to recelve services ofa high quality that are designed to maintain and advance their mental and physical wellbeing, and the right to be free from unwarranted physical restraint and isolation. 190, Plaintiff was vested, by virtue of NJ.S.A. 30:4C-25, with certain stato-created liberty Interests protected by the federal Due Process Clause, including the right to regular visits from defendants while plaintiff was in foster care to ensure that she wes receiving adequate services and care. 91, Plaintiff was vested, by virtue of various statutory and regulatory obligations imposed upon defendants to adequately screen, approve, and monitor plaints foster homes with certain state-cteated liberty interest protected by the federal Due Process Clause, Including, but not limited to: the duty to conduct a detailed home study ofthe SI home priorto placing plaintiff in that household as set forth in N4.A.C. 10:122¢-2.8(8); @ duty to ensure that MI SI and IMI SIRI were abie to care effectively for plaintif es Faster Parents as set forth In NJLA.C. 40:1220-2.5(a); a duty to ensure that MI SN 2nd JAN SAMIY were properiy trained to fulfil their obligations as foster parents as set forth in N4LA.C. 20:1220-2.7; a duty to check the Division’s records of child abuse and neglect to ensure no adult residing In the home has been responsible for an incident of sexval abuse of a child or an incident of child abuse or neglect shat cause serious Injury or harm to @ child, or caused death to a child through abuse or neglect, orhas pute child atrisk of serious injury or harm as set forthin NALAC. 10:222C-2.2(e}(1),2 duty to visit the foster home to assess compliance with sleeping space and Ife safety stendards, to interview each household member not participating in pre-service training and to verify information sbout1 ~22-18; 04: 18PMi ‘i each household member asset forth in N.JA.C, 10:1228-5.2; a duty to conduct annual inspections ‘of the foster homes, which shall include interview all foster children and other household members as forth in NJ.A.C. 10:122¢-2.8(b) and NIAC. 10:122C-2.9(b}; a duty to promptly and thoroughly investigate any complaints or reports questioning MI and Sm compliance with applicable statutes and/or regulations as set forth in N.JA.C, 10:122C-2,2 (a); and 8 duty to remove plainti rom the foster eare with the SII: upon determination that plait wos not safe in the SMIIEs homs os set forth in NJAC, 10:1226-2.4 and NJAC, 10:1226-2.8. 92, Plaintiff was vested, by virtue of various statutory and regulatory obligations Imposed upon defendants to report any suspected abuse of plaintiff to ensure her ongoing safety and welfare, with cartain state-created liberty interests protected by the federal ue Process Clause, Including the right to have the defendants report any suspicion that plaintiff was being subjected to the acts of child ebuse, the right to have defendants Immediately report all instances if suspected child abuse and neglect to the County Prosecutor in the County in which the plaintiff resided. 93. Defendants’ actions and inactions were inconsistent with the exercise of reasonable professional judgment and amount to deliberate indifference to the Procedural Due Process Rights of the plaintiff, Defendants acted with deliberete indifference an callous disregard to repeated inieations and signs that the plaintiff was not recalving adequate care and services while in foster care and wes subjected to sexual, physical and mental abuse. As a result, plaintiff was deprived of Procedural Due Process Rights conferred upon her by the Fourteenth Amendment to the United States Constitution. 94, The defendants arbitrarily and capriciously deprived the plaintiff of har due process right under the New Jersey Constitution in absence of any countervailing state interest 95, Plainti#’s substantive due process rights to be free of state-created dangers were clearly established Constitutional rights at the time of the defendants’ acts and omissions, and & 22/2801-22-16;04: 18PMs i # 23/28 reasonable individual would have known that their acts ang omissions would violate these clearly established constitutional rights. WHEREFORE, plaintiff, AM, through her guard Jennifer Morales, demands Judgment against the defendants, Eileen Crummy, Jacqueline Kappler, Oarnyelte Cruff, Michelle Gautier, Diane Sroith, MI SM SHEN 2n¢ John Does (1-20) for compensatory damages, Interest, attorney's fees, costs of sult and other such relief as the Court deems equitable and just. COUNT ELEVEN, N Tort Claims Act mK 96, Plaintiff rapeats and reiterates each and every allegat contained in the Fist, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Count ofthis Complaint as though set forth herein at length, 97, The platntiff has complied with the notice requirements of the New Jersey Tort Claims Act. NJS.A.59:1-1 etseq, 98, All of the defendants owed numerous duties to the plaintiff. Defendants, éllean Crummy, Jacqueline Keppler, Darnyelle Cruff, Michelle Gautler, Diane Smith and John Does 1-20 (names bbetng fictitious) had a duty to train thelr employees to ensure that any suspected abuse and neglect of the plaintiff be recoghized, reported and investigated as legally required, The aforessid defendants had a duty to supervise Jacqueline Kappler, Michelle Gautier, and John Does 1-20 (names being fictitious) to assure that they recognize, report and investigate suspected abuse and neglect of the plaintiff as required. Defendants, DYFS, Jacqueline Kappler, Michelle Gautier and John Doss 1-20 (names being fictitious) had a duty to recognize, report and investigate suspected ‘abuse and neglect of plaintiff as lezally required. 199, The defendants had a duty to sereen approve, license and monitor the SH home to ensure ‘that the plaintiff was reasonably safe,01-22-16;04118PM: 100, The Defendants had a duty to take reasonable staps to investigate suspected abuse or naglact and remove the plaintiff from an abusive and/or neglectful home. 301, By thelracts and omissions, the defendants violated the duty of care owed to the plaintiff, Defendants acted recklessly with gross negligence, Defendants’ acts and omissions were outside of thelr scope of employment, and did not involve the mere exercise of professional judgment or discretion, 102. By their acts and omissions, defendants proximately caused permanent injurlas zo the plaintiff, Including substantial physical, sexual, emotional, developmental, psychological, and psychiatric harm. Defendants’ acts and omissions were a material element and/or 2 substantial factor In bringing the harm about to the plaintif, The harms sustained by the plaintiff were @ reasonable foreseeable result of defendants! acts and omissions. 103, By the foregoing, the State of New Jersey, Division of Youth and Family Services, Division of children and Families, Eileen Crummy, Jacqueline Kappler, Oarnyetle Cruff, Michelle Gautier, Diane Smith and John Does 1-20 (names being fictitious) are lable for the plaintiff's Injuries pursuant to NuJS.A. 59:1-4 et seq. Defendants are jointly and severally lable for the injuries sustained by the plaintif. WHEREFORE, plaintiff, A.M. through her guardian, Jennifer Morales, demands judgment against the defendants, State of New Jersey, Division of Youth and Family Services, Division of Children. and Forni Eileen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, MIE SSM 20 SEMI 2c Join Does (2-20) for compensotory damages, interest, attomey’s fees, costs of suit and other such rellef as the Court deems equitable and just. # 24/2818; 04: 18PU; é COUNT TWELVE ‘Torts ofthe Foster Parants — Vicarious Liability 104, Plaintiff repeats ane reiterates each and every allegation contained in the First, Second, ‘Third, Fourth, Fifth, Sith, Seventh, Eighth, Ninth, Tenth and Eleventh Count ofthis Complaint as though set forth herein at lenath. 105. —_Asthe plaintiff's faster parents, MII ond J SII committed vetlous tort against ‘the piaintify, including sexual assault, false arrest, false Imprisonment, assault, battery, negligent infliction of emotional distress, Intentional Inflection of entotional distress, and negligence, 105, The torts committed by MI) ond J) SI ceused plaintiff grievous harm and permanent injuries, including substantial unnecessary physical, senval, emotional, developmental, psychologleal and psychiatric harm. 107, Defendants, State of New Jersey, DYFS, and OCF placed the plaintifFin the home and care of MII 274 $0 SIRI Kot the plaintrrin that home despite reported abuses, and were on notice at all times ofthe risk of harm to the plaintiff, Defendants, State of New Jersey DYFS, and DCF, af vicariously liable for MI) ond J SIs oforementioned tortious conduct. 208, WHEREFORE, plaintiff, A.M, through her guardian, Jennifer Morales, demands jucement against the defendants, State of New Jersey, Division of Youth and Family Services, OWvision of Children and Families, Elen Crummy, Jacqueline Kappler, Darnyelle Cruff, Michelle Gautier, Diane Smith, ME SHI JN SIEIIN] 2nd John Does (1.20) for compensatory damages, interest, attorneys fees, costs of suit and other such reliaf asthe Court deems equitable and just, foun aaah 28/2801-22-18;04: 18°M; f # 26/ 28 (CERTIFICATIONS OF NO OTHER ACTIONS PURSUANT TO R.A:= | certify that the dispute about which | am suing Is not the subject of any other action pending in any other court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief no other action or arbitration proceeding Is contemplated. Further, other than the parties set forth in this complaint, | know of no other parties that should be made = part of this lawsuit. In addition, | recognize my continuing obligations to file and serve on all parties and the court an emended certification if there Is a change in the facts stated in this original certification, Dated: We S DESIGNATION OF TRIAL COUNSEL Please take notice pursuant to the Rules of Court, chard A. Amdur, J, Esq, fs herewith designated as trial attorney for the within matter. (DEMAND FOR ANSWERS TO INTERROGATORIES Pursuant to Rule 4:27(b), the Plaintiff hereby demands that the Defendant provide answers te the uniform interrogatories set forth in Form C, C(1) of Appendix It of the Rules Governing the Courts of the State of New Jersey. Dated: gbeshS HARD A. AMDUR, JR.CERTIFICATION PURSUANT'TO RULE 2:38-7(b) ' hereby certify that all contieiential personal identifiers have been redacted from the documents new submitted to the Court, and will redacted from ali documents submitted, in accordance with Rule 1:38-7(b), ones P/59/) TARD ATAMDUR, JR.Appendix XI-B1 CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE: (cls) SHER ND. Use for initial Law Division ai Civil Part pleadings (not motions) under Rule 4: ding will be rejected for filing, under Rute 1:5-6(c), [ Gveroarwent: if information above the black bar is not completed or attorney's signature is not affixed [BATOH NUMBER: ATTORNEY PROSE NAVE TELEPHONE NONBER ] COUNTY OF VENUE RICHARD A. AMDUR, JR. (722) 970-6750 Ocean a FIRUNANE (Teppleabl) DOCKET NONEER (wi panabe LAW OFFICE OF RICHARD A, AMDUR, JR, fo aETEESS DoctiveNT Bogen ate Matawan, NJ 07747 Complaint. JuRyDEMANO BLY — C1No RES ERT ag ne ra CAPTION ‘2 minor uardian AM. minor by her Guardian JENNIFER MORALES ¥, DIVISION OF SENNIEER MORALES YOUTH AND FAMILY SERVICES, ET ALS GASETYPENUWBER | HURFaGANE GANDY RELATED? 18 THIS APROFESSIONAL MALPRACTICE CASE? yes mo Dyes WENO | iryounave CHECKED "Yes," SEE NJ,5.A. 2A53A-2T AND APPLICABLE CASE LAW [REGARDING YOUR OBLIGATION TOFILE AN AFFIDAVIT OF MERIT. RELATED GASES PENDING? 1F YES, USTDGGKET NUMBERS 0 ves mn 1D YOU ANTICIPATE ADDING ANY PARTIES: NAME OF DEFENDANTS PRIMARY INSURANGE COMPANY (Fie {fraing out of same trieaion or occurence)? I Nowe, vee Bx BL Urinary Pana (CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING F CASE IS APPROPRIATE FOR MEDIATION ‘DO FARTIES HAVE A CURRENT, PASTOR, TFYES, IS THAT RELATIONSHIP RECURRENT RELATIONSHIP? D exeoveeurroves 1D Freionecior — [Ore fepiin) Gi Yes xo Fema 1D Bueness ‘DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAVNENT OF FEES BY THELOSINGPARTY? _G)Yus__CINo USETHIS SPACE TO ALERT Tid COURT TO ANY SPECIAL GASE CHARACTERISTICS THAT MAY WARRANT IND ACCELERATED DISPOSITION TDS YOU GA YOUR LENT Na ANY BSABLITY EDOOMOONTONST | VER RAGE DEAT 16 Bye Hive ‘WILL At INTERPRETER BE NEEDED Tries Fon wna ONE 1 Yes Mito Tearify that confidential personal aontfiers 7o been reduced from documenta now submited to the court, and will be redacted from documenggubmied nthe futur in ascordance with Rut 30-7(0- ZA oo ecto 05-04-2015, GN 10517-Engish page tof 2 ATTORNEY SIGNATUR 08:18PM; # 28/ 28