California Court of Appeal

In a claim brought by an uncertified class comprised of current and former foster children and their foster families contending that they were entitled to receive additional benefits in the form of payment of the Alternative Residential Model (ARM) rates because of the children's developmental disabilities, judgment in favor of respondent-department of social services is affirmed where: 1) the trial court properly sustained the demurrer without leave to amend; 2) the statutory scheme governing dual agency children must be construed to require vendorization for a licensed community care facility to receive the ARM rates; 3) appellant's allegations failed to establish that respondent was estopped to rely on the statutory scheme; and 4) the trial court properly exercised its discretion in denying leave to amend.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• DOI TODD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Arias Ozzello & Gignac, Mike Arias, J. Paul Gignac, Mikael H. Stahle and H. Scott Leviant, Santa Barbara, for Plaintiffs and Appellants Jasmine B. et al.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Richard T. Waldow and Gregory M. Cribbs, Deputy Attorneys General, for Defendants and Respondents the California Department of Social Services et al.