The panel majority held that the Child Welfare Act contained clear language that allowed for federal suit over payments to foster families, creating a 3-1 circuit split over the issue.
April 19, 2019 at 04:24 PM
1 minute read
The majority agreed with the U.S. District Judge William Kuntz of the Eastern District of New York that the coalition had standing to sue on behalf of its members. However, Kuntz’s dismissal, after finding no enforceable right to payments in the CWA, was reversed.
The case began with the coalition filing a Section 1983 suit against the state on behalf of its foster parent members in 2010. The group claimed OCFS failed to make adequate foster care support payments as required under the CWA.
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