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FILE NO., COURT, AND DATE FILED
1:03-2535 (N.D. Ga., August 25, 2003)
2003-CV-73072 (Sup. Ct. Fulton County)
CITATIONS
2004 WL 1905331 (N.D. Ga. Aug. 17, 2004) (unreported)
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
David A. Webster
Office of David A. Webster
127 Peachtree Street
415 Candler Building
Atlanta, GA 30303-1800
(404) 681-3070
Fax: (404) 658-1567
dawebster_alas(at)yahoo.com
Kristin Nelson Verrill
Atlanta Legal Aid Society
32 Waddell Street
Marietta, GA 30090-2900
(770) 528-2565
Fax: (770) 528-2574
knverrill(at)atlantalegalaid.org
Richard Allen Horder
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
(404) 815-6500
Fax: (404) 815-6655
rhorder(at)kilpatrickstockton.com
ISSUES
Plaintiff, a grandmother seeking Adoption Assistance Program (AAP) payments for her two granddaughters, filed this lawsuit against the Georgia Department of Human Resources (DHR) and the United States Department of Health and Human Services (HHS). Plaintiff alleged that HHS violated the Administrative Procedure Act, 5 U.S.C.
552, when it promulgated its 2001 Policy Announcement (ACYF-PA-01-01) without providing the appropriate notice and comment period. The 2001 policy announcement overturned previous HHS policy and required that a child demonstrate AFDC eligibility in the home from which the child was removed. Plaintiff sought declaratory relief and the reversal of the administrative law decision.
HISTORY AND STATUS
After losing a state administrative appeal, plaintiff filed this suit in state court. On August 25, 2003, HHS removed the case to federal court. On September 9, 2003, HHS filed a motion to dismiss, arguing that the policy announcements were exempt from notice and comment requirements. Defendants also argued that because the policy announcements simply interpret an existing statute they are neither arbitrary nor capricious. The hearing on defendants' motion to dismiss was held on June 2, 2004.
The court subsequently denied the motion and reversed the ALJ's decision denying plaintiff's claim for adoption assistance benefits. The court also declared invalid that portion of the Secretary's Policy Announcement ACYF-CB-PA-01-01 dated January 23, 2001, that required children who were otherwise eligible for receiving adoption assistance benefits to demonstrate AFDC eligibility in the home from which they were removed. Defendants appealed the decision, but later dismissed their appeal with prejudice.
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