Concord, New Hampshire — More than 1,900 people who say they were sexually and physically abused as children at New Hampshire’s former Youth Development Center asked the state Supreme Court to rule that the state broke its promise when lawmakers rewrote the rules of their settlement fund in 2025, InDepthNH and the New Hampshire Bulletin reported.
The case, Andrew Foley et al. v. State of New Hampshire, was argued before four justices after Merrimack County Superior Court Judge Dan St. Hilaire dismissed the claimants’ suit, according to the reports.
What changed
Lawmakers created the YDC Settlement Fund and a mediation process in 2022, overseen by an independent administrator, the New Hampshire Bulletin reported. Under the original law, the administrator was appointed by the judiciary, according to InDepthNH.
In 2025, after Gov. Kelly Ayotte took office, changes added to the state budget gave the governor the power to appoint and fire the administrator and gave the attorney general power to veto settlement awards, both outlets reported. Retired Justice John Broderick, the first administrator, opposed the changes and left the post; he says he was forced out and accuses the state of breaking promises to victims, the New Hampshire Bulletin reported. Ayotte appointed retired circuit court judge Gerard Boyle in March, and he has resumed settlement hearings.
The arguments
Daniel Deane of Nixon Peabody, representing the claimants, argued that the state made an offer, that survivors accepted it by filing claims and pausing their lawsuits, and that the state then changed a core term by taking away the finality of the administrator’s awards, according to both reports.
I think that’s the state reneging on what they originally promised.
Daniel Deane, attorney for the claimants, as reported by the New Hampshire Bulletin
Assistant Attorney General Mary Triick argued there was no binding contract because claimants can leave the fund and sue in Superior Court at any time. “It’s not a contract,” she told the justices, according to the New Hampshire Bulletin. Under questioning from Justice Melissa Countway, Deane confirmed that claimants can withdraw and pursue a civil trial, InDepthNH reported.
The record
As of January 2026, the fund had paid 425 settlements averaging about $560,000 including interest, with 1,689 claims still pending, according to the New Hampshire Bulletin. InDepthNH reported the state’s total cost could reach about $1 billion over time, depending on how many claimants settle or go to court.
The case was heard by Senior Associate Justice Patrick Donovan and Justices Countway, Bryan K. Gould and Daniel E. Will. Former Chief Justice Gordon MacDonald resigned in September after the Judicial Conduct Committee found he violated three canons of the Code of Judicial Conduct, InDepthNH reported.
Where the system failed
The abuse alleged at the Youth Development Center happened to children the state had locked up and was responsible for. Now the same state that ran the facility now controls who decides survivors’ awards and holds a veto over them. Survivors who accepted the state’s terms say those terms were changed after they had already given up their place in court. FAN tracks how agencies that harm children in custody also control the process for holding themselves accountable. Read more about problems in the foster care system.
What’s next
The timing of a ruling is unclear. The New Hampshire Bulletin reported a decision is expected soon, while InDepthNH reported the justices will likely rule in 2027.
Key facts
- More than 1,900 former Youth Development Center residents are part of the settlement process.
- A 2025 budget law let the governor appoint and fire the fund administrator and gave the attorney general a veto over awards.
- Merrimack County Superior Court Judge Dan St. Hilaire dismissed the claimants’ breach-of-promise suit.
- As of January 2026, 425 settlements averaging about $560,000 had been paid and 1,689 claims were pending.
- Four justices heard the appeal, Andrew Foley et al. v. State of New Hampshire.
- Reports differ on timing: a ruling is expected soon or likely in 2027.
Sources
- InDepthNH — YDC victims go to NH Supreme Court to seek reversal of legislative changes to settlement process (2026-10-15)
- New Hampshire Bulletin (via NHPR) — YDC settlement fund changes argued before NH Supreme Court (2026-10-19)
Don't just read it. Act on it.
Lawmakers fund and oversee this system. Tell New Hampshire lawmakers what happened here.
Get an email when this case has a new development: charges, court dates, verdicts, settlements. Only about this case; unsubscribe anytime.
Lived through something like this? Your case could be the next one we document.
DIED IN CAREUp nextAutistic 4-Year-Old Dies in San Bernardino County Foster Care, Lawsuit SaysA 4-year-old autistic, nonverbal girl died in a San Bernardino County foster placement; her family's lawsuit says the county ignored warnings she needed specialized care.
Nov 5, 2026
Wyoming Boys’ School Isolation Trial Set Nov. 9; Judge Lets Jury Hear ‘Solitary Confinement’Nov 4, 2026
CHILD DEATHGeorgia DJJ to Pay $4.5M After Teen, 17, Died in Guard-Run ‘Fight Game’ at Waycross CenterNov 4, 2026
CHARGEDUtah Youth Treatment Center Staffer Charged With First-Degree Felony Abuse of TeenNov 4, 2026
