PROVIDENCE — The group behind a sweeping lawsuit alleging widespread abuse of the children under the care of the state Department of Children, Youth and Families faced tough questioning yesterday from a federal judge, who suggested the case may not belong in federal court.

Responding to the state’s motion to dismiss the suit, U.S. District Judge Ronald R. Lagueux also asked whether state Child Advocate Jametta O. Alston and others who backed the lawsuit were acting in the best interest of the children named.

Lagueux was particularly concerned that the children — who have allegedly suffered years of physical and emotional abuse at the hands of state workers — would be called to testify in open court.

“How can an outsider come in and say suddenly, ‘I think it’s in the best interest of that child?’ ” Lagueux asked from the bench during yesterday’s oral arguments. Should the matter proceed in federal court, he added, it could force the children “to endure the rigors and maybe traumatic experience” of reliving their experiences in public.

“Who has made the decision that that’s in their best interest?” Lagueux asked Susan Lambiase, a lawyer for Children’s Rights, the New York-based nonprofit organization backing the child advocate’s suit.

Lagueux did not rule on the motion to dismiss the lawsuit yesterday. Instead, he scheduled a hearing for Wednesday to question the adults, known as “next friends,” who technically represent the children mentioned in the suit.

In late June, Children’s Rights and Alston filed the class-action suit against Governor Carcieri and DCYF Director Patricia Martinez on behalf of the 3,000 children in Rhode Island’s child-welfare system. The court filing says that children in foster care are routinely neglected, molested, beaten, and burned with cigarettes.

They include “David T.,” who the lawsuit says is now institutionalized after being shuffled repeatedly to shelters, foster homes and mental hospitals from the time he was 2 years old.

“Sam” and “Tony M.” entered the state foster system when one was 4 years old and the other an infant. They were allowed to return home where they suffered “brutal” physical and sexual abuse, according to the suit. Both boys are now institutionalized.

Lawyers representing the state yesterday argued that the federal court did not have jurisdiction to hear the case, which may be better handled at the Family Court level.

Lagueux’s comments suggested that he may agree. He said the child advocate appeared to be “boycotting the Family Court” in bringing the case. Further, he cast doubt on Children’s Rights’ claims that the constitutional rights of the children in state custody were being violated.

“Here there’s just a lot of generalities that don’t rise to a constitutional level, factually,” Lagueux said.

Lambiase strongly disagreed.

“This is a system, your honor, that is broken,” she said, adding that the Family Court is not capable of addressing systemic issues. The Family Court, she said, is limited to using the tools available in Rhode Island’s child-welfare system that “abuses and neglects children … at a rate that is the worst in the country.”

Children’s Rights has successfully filed six lawsuits against other states for systemic child-welfare failures. The group agreed to bring the suit at no cost to the Child Advocate’s office, but will collect legal fees if there is a settlement or the suit is successful.

Children’s Rights’ successes have cost other states millions of dollars.

New Jersey infused $22 million into its child-welfare system as a result of a 2003 settlement with Children’s Rights, according to group spokeswoman Brooks Halliday. And largely as a result of the lawsuit, the state is now in a three-year, $320-million systemic change that includes the hiring of 1,500 new employees, purchase of new equipment, creation of an academy to train new case workers and increased stipends for foster families.

Rhode Island officials, meanwhile, have no plans to settle the suit. The state is in the midst of what officials term a fiscal crisis, with a budget deficit projected as high as $450 million in the coming fiscal year.

Lawyers for the DCYF and the attorney general’s office will continue to push for the dismissal. It is unclear when Lagueux will rule on the motion.

speoples@projo.com