United States Second Circuit
State of New York v. U.S. Dep't of Health and Human Servs., 073858
In challenge to defendant-Department of Health and Human Services' determination that the state's failure in certain cases to comply with the "judicial determination of reasonable efforts" requirements set forth in 45 C.F.R. section 1356.21(b)2) rendered the state ineligible for federal reimbursement of foster care maintenance payments in those cases, dismissal of plaintiff's action is affirmed where: 1) plaintiff-state's contention that section 1356.21(b)(2) conflicted with the statute it implemented, 42 U.S.C. section 672(a)(1), was incorrect; 2) section 1356.21(b)(2) required a judicial determination of state compliance with the reasonable child placement efforts set forth in 42 U.S.C. section 671(a)(15) as amended by the 1997 Adoption and Safe Families Act, Pub. L. No. 105-89, section 101(a), 111 Stat. 2115, 2116-17; 3) the plain language of section 672(a)(1) signaled Congress's intent to incorporate all "reasonable efforts" discussed in section 671(a)(15) into section 672(a)(1); and 4) plaintiff-state's complaint was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Appellate Information
- Decided 02/13/2009
- Published 02/13/2009
Judges
Court
- United States Second Circuit