The suit, filed April 4, alleges that state officials and the local courts are systematically denying thousands of abused and neglected city children their rights guaranteed by the U.S. Constitution and federal child-welfare laws.
The ACLU had intended to include city officials at the outset. But a few hours before the suit was filed, the ACLU agreed to hold off naming them when Reeves said she was willing to discuss overhauling the agency.
Stefan Presser, legal director of the Pennsylvania ACLU, said at that time: ''They have admitted that the department is not functioning in the capacity to protect children . . . and they are willing to talk to us about our vision and what they can do within their means to run a proper program. . . . That's historic."
The ACLU told city officials they would spend the next two weeks negotiating with them about changes before proceeding with the case.
The ACLU subsequently agreed to extend the deadline several times because progress was being made and because the city's attorneys were involved in settling a separate DHS funding dispute with the state. The ACLU suit also seeks more state aid for DHS.
Mushlin said substantive talks had not occurred for more than a month.
"They haven't proved productive," he said.
"There is sorrow at the failure of this process," Presser said. "We went into these negotiations and said, 'We will give you two weeks.' I don't know how much more patience we can show. We are now in the third month."
Through her spokesman, Reeves yesterday referred all questions to the city's law department. Lawyers there referred inquiries to City Solicitor Charisse R. Lillie, who could not be reached for comment.
Presser said the talks had produced a detailed plan for dramatically overhauling the city's system that provides foster care for abused children and help for troubled families.
