The Hon. David H. Souter, Associate Justice (Ret.) of the
Supreme Court of the United States, sitting by designation.
United States Court of Appeals
For the First Circuit
No. 09-1759SAM and TONY M., by Next Friend Gregory C. Elliott;CAESAR S., by Next Friend Kathleen J. Collins; DAVID T.,by Next Friend Mary Melvin; BRIANA, ALEXIS, CLARE, andDEANNA H., by Next Friend Gregory C. Elliott; andDANNY and MICHAEL B., by Next Friend Gregory C. Elliott;for themselves and those similarly situated,Plaintiffs, Appellants,v.DONALD L. CARCIERI, in his official capacity as Governorof the State of Rhode Island; JANE A. HAYWARD, in herofficial capacity as Secretary of the Executive Office ofHealth & Human Services; and PATRICIA MARTÍNEZ, in herofficial capacity as Director of the Department ofChildren, Youth and Families,Defendants, Appellees.APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF RHODE ISLAND[Hon. Ronald R. Lagueux, U.S. District Judge]BeforeTorruella, Circuit Judge,Souter, Associate Justice,
and Stahl, Circuit Judge.Susan Lambiase, Children's Rights, with whom Marcia RobinsonLowry, Shirim Nothenberg, Jessica Polansky, John W. Dineen, VernonWinters, Weil, Gotshal & Manges LLP, and Jametta O. Alston, Rhode