Midwest Foster Care, etc., et al v. Kincade, et al, No. 12-1834 (8th Cir. 2013)
Annotate this CaseProviders brought suit against the State, asserting that the Adoption Assistance and Child Welfare Act of 1980 (CWA), 42 U.S.C. 670 et seq., gave them a privately enforceable right under 42 U.S.C. 1983 to receive payments from the State sufficient to cover the cost of certain statutorily enumerated components of foster care. At issue was whether Congress, in enacting the CWA, evinced a clear intent to grant foster care providers an individually enforceable right to foster care maintenance payments sufficiently large to cover the costs of each item enumerated in section 675(4)(A). The court held that Congress did not ambiguously confer such a right and, therefore, affirmed the district court's dismissal of the Providers' complaint for failure to state a claim.
Court Description: Civil case - Adoption Assistance and Child Welfare Act of 1980. In action brought by foster care providers and two organizations representing Missouri foster care providers asserting the Act, 42 U.S.C. Sec. 670 et seq., gave them a privately enforceable right under 42 U.S.C. Sec. 1983 to receive payments from the State of Missouri sufficient to cover the costs of certain statutorily enumerated components of foster care, the district court did not err in finding the provisions plaintiffs invoked were not privately enforceable. Judge Smith, dissenting.
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