No. 19-574

Sheila J. Poole, Commissioner, New York State Office of Children and Family Services v. New York State Citizens' Coalition for Children

Lower Court: Second Circuit
Docketed: 2019-11-01
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: adoption-assistance-act adoption-assistance-and-child-welfare-act child-welfare federal-department-of-health-and-human-services federal-reimbursement foster-care foster-care-maintenance-payments private-right-of-action spending-mandate state-administration state-funding
Key Terms:
SocialSecurity EducationPrivacy Privacy JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Whether the CWA's criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel States to cover the costs of all of the eligible expenses for eligible children identified in the CWA

Question Presented (OCR Extract)

QUESTION PRESENTED The Adoption Assistance and Child Welfare Act of 1980 (CWA) delegates to the federal Department of Health and Human Services the authority to approve partial federal reimbursements to States that make certain foster care maintenance payments to foster parents. The question presented is: Whether the CWA’s criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel States to cover the costs of all of the eligible expenses for eligible children identified in the CWA. ii RELATED PROCEEEDINGS Prior captions: New York Citizens’ Coalition for Children v. Carrién New York Citizens’ Coalition for Children v. Velez U.S. District Court (E.D.N.Y.), No. 10-cv-3485 Decision and Order (Sept. 29, 2017) Report and Recommendation (Nov. 7, 2016) Decision and Order (July 17, 2014) U.S. Court of Appeals (2d Cir.), No. 14-2919 Order and Dissenting Opinions (Aug. 16, 2019) Opinions (Apr. 19, 2019) Order (Oct. 23, 2017) Summary Order (Oct. 29, 2015)

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
Reply of petitioner Sheila Poole filed. (Distributed)
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2020-01-02
Brief of respondent New York State Citizens' Coalition for Children in opposition filed.
2020-01-02
Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
2019-12-02
Brief amicus curiae of State of Connecticut filed.
2019-11-22
Response to motion for an extension of time from petitioner Sheila Poole filed.
2019-11-22
Reply in support of motion filed.
2019-11-22
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2020.
2019-11-21
Motion to extend the time to file a response from December 2, 2019 to January 2, 2020, submitted to The Clerk.
2019-10-30
Petition for a writ of certiorari filed. (Response due December 2, 2019)

Attorneys

New York State Citizens' Coalition for Children
Brian Robert MatsuiMorrison & Foerster LLP, Respondent
Brian Robert MatsuiMorrison & Foerster LLP, Respondent
Sheila Poole
Barbara Dale UnderwoodSolicitor General, Petitioner
Barbara Dale UnderwoodSolicitor General, Petitioner
State of Connecticut
Clare Elmendorf KindallOffice of the Attorney General, Amicus
Clare Elmendorf KindallOffice of the Attorney General, Amicus