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FILE NO., COURT, AND DATE FILED
CV-04148-BWK (E.D. Penn., Aug. 16, 2000)
CITATIONS
None
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
Marsha L. Levick
Juvenile Law Center
The Philadelphia Building
1315 Walnut Street, 4th Floor
Philadelphia, PA 19107
(215) 625-0551
Fax: (215) 625-2808
mlevick(at)jlc.org
Witold J. Walczak
American Civil Liberties Union
Greater Pittsburgh Chapter
313 Atwood Street
Pittsburgh, PA 15213
(412) 681-7864
Fax: (412) 681-8797
info(at)aclupgh.org
ISSUES
Plaintiffs filed a class action lawsuit on behalf of abused and neglected children in the care of relatives or close friends. The suit alleged that state and county officials, including the Department of Public Welfare; the Office of Children, Youth, and Families, Department of Health Services of Philadelphia; and Children and Youth Services in Lancaster, Monroe, Montgomery, Beaver, and Washington Counties, withheld tens of millions of dollars per year in federal benefit payments from grandparents, aunts, uncles, and others caring for the children of troubled relatives. Federal law mandated that states that receive federal foster care funds pay the same amount to all children living with foster parents, kin, and non-relatives alike. The law also encouraged states, where possible, to place foster children with relatives or friends of the children’s parents. The suit alleged that officials in some counties explicitly told foster parents that agencies were trying to eliminate kinship foster care payments and refused to provide funds. Other counties did not advise foster parents that they were entitled to such payments.
HISTORY AND STATUS
Plaintiffs filed suit on August 16, 2000. Defendants responded by filing motions to dismiss, which the court denied on December 5, 2000. From that time until May 2004, defendants and plaintiffs pursued various motions. On May 7, 2004, plaintiffs filed their second amended complaint.
On October 24, 2004, the court certified a settlement class. After notice to the class, the settlement agreement was formally approved by the court on March 14, 2005. The agreement provides for the issuance of a bulletin by the Pennsylvania Department of Public Welfare that (1) makes clear the obligation of county children and youth agencies to treat kinship care givers like all other foster parents, and (2) includes a draft notice to be provided to all kinship caregivers clearly stating their rights to receive benefits under state and federal law. The defendant county children and youth agencies also conducted an audit of their files from November 2000 to March 14, 2005, to identify kinship caregivers currently caring for adjudicated dependent children but not receiving foster care benefits. Under certain circumstances, where kinship caregivers have been caring for related children placed in their care but legal custody remains with the county children and youth agency, caregivers were entitled to receive retroactive payments for a period not to exceed 2 years.
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