B.K. v. Snyder, No. 17-17501 (9th Cir. 2019)Annotate this Case
Ten children in the Arizona foster care system filed a class action against the directors of the Arizona Department of Child Safety and the Arizona Health Care Cost Containment System, alleging that Arizona's state-wide policies and practices deprived them of required medical services, among other things, and thus subjected them to a substantial risk of harm. After the district court certified a class of all children who are or will be in the Department of Child Safety's custody, along with two subclasses, the agencies appealed.
The Ninth Circuit affirmed the district court's certification of the General Class and held that the district court did not err or abuse its discretion in its rulings on standing, commonality, typicality, and uniform injunctive relief. The panel also affirmed the district court's certification of the Non-Kinship Subclass, but vacated the Medicaid Subclass. The panel held that the district court abused its discretion by certifying the Medicaid Subclass based on an apparent misconception of the legal framework for such a claim. Accordingly, the panel remanded for further proceedings.