Press Releases

The Children's Defense Fund (CDF) opposes the so-called "Consent Decree Fairness Act" because it could destroy protections for the most vulnerable children in the United States. This misguided piece of legislation would undermine enforcement of federal rights of neglected children, disabled children, abused children and others who truly need federal legal protections.

"This legislation is directly aimed at allowing state and local governments to renege on their agreements to comply with federal law. There is nothing 'fair' about it," said CDF Founder and CEO Marian Wright Edelman.

A consent decree is a settlement between a wronged party and a state or local government, which is ultimately approved by a federal court. They help protect critical federal rights, including Constitutional due process rights and rights specifically created by Congress. Federal consent decrees have resulted in agreements to:

• Reform grossly inadequate child welfare systems and design systems to best protect abused and neglected children;
• Ensure access to good public education for children with disabilities and those who are homeless;
• Enforce core protections and halt abuses of juveniles held in juvenile detention facilities; and
• Protect federal guarantees of health coverage for poor children throughout the United States .

If passed, the legislation would virtually destroy these types of agreements. Versions of this bill (S. 489; HR 1229) have been introduced in both chambers of Congress.

" State and local governments should be required to live up to their agreements to comply with federal law - especially laws that protect our most vulnerable children ," Edelman said. " Federal law and judicial decisions should not be short circuited by Members of Congress looking for expedient political solutions."

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The mission of the Children's Defense Fund is to Leave No Child Behind and to ensure every child a Healthy Start, a Head Start, a Fair Start, a Safe Start, and a Moral Start in life and successful passage to adulthood with the help of caring families and communities. CDF provides a strong, effective voice for all the children of America who cannot vote, lobby, or speak for themselves. We pay particular attention to the needs of poor and minority children and those with disabilities. CDF educates the nation about the needs of children and encourages preventive investment before they get sick, into trouble, drop out of school, or suffer family breakdown. CDF began in 1973 and is a private, nonprofit organization supported by foundation and corporate grants and individual donations. We have never taken government funds.