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(also known as State of California Department of Social Services v. Thompson and State of California Department of Social Services v. Shalala)
FILE NO., COURT AND DATE FILED
CV-990335 (E.D. Cal., Feb. 24, 1999)
CITATIONS
115 F. Supp. 2d 1191 (E.D. Cal. 2000); overruled by 321 F.3d 835 (9th Cir. 2003)
CLEARINGHOUSE REVIEW NO.
54,735
ATTORNEYS FOR PLAINTIFFS
Marjorie Shelvy
Yolanda Arias
Legal Aid Foundation of Los Angeles
1102 S. Crenshaw Blvd.
Los Angeles, CA 90019
(323) 801-7989
Fax: (323) 801-7921
ISSUES
The California Department of Social Services (DSS) brought suit against the federal Department of Health and Human Services (HHS), seeking a judicial determination that pursuant to Title IV-E, children who were AFDC-eligible in a relative's home on the date of removal to state custody are also eligible for federal Aid to Families with Dependent Children Foster Care Program (AFDC-FC) benefits. After the district court dismissed the action, relatives (as foster parents for children) intervened as plaintiffs and appealed.
HISTORY AND STATUS
On March 3, 2003, the Ninth Circuit ruled in favor of plaintiffs-intervenors, ("intervenors") concluding that under Title IV-E, children who are AFDC-eligible while living with a relative are similarly AFDC-FC eligible upon removal into foster care.
On February 20, 2004, the district court ordered DSS and HHS to pay retroactive AFDC-foster care benefits to intervenors. Subsequently, intervenors filed a motion to compel performance and DSS filed a motion to extend the date by which it was required to issue an All County Letter informing county welfare departments of the procedures and time line for implementing the court's order. On August 16, 2004, the court reaffirmed judgment in favor of intervenors, ordered DSS and HHS to comply with the Ninth Circuit decision, and created a timeline for preparation and approval of the All County Letter and for making payments to intervenors.
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