Baby Neal v. Casey

• Decision Date: 22 April 1993
• Docket Number: Civ. A. No. 90-2343.
• Parties: BABY NEAL, et al., Plaintiffs, v. Robert P. CASEY, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

821 F. Supp. 320

BABY NEAL, et al., Plaintiffs, v. Robert P. CASEY, et al., Defendants.

Civ. A. No. 90-2343.

United States District Court, E.D. Pennsylvania.

April 13, 1993.

Order Vacating in Part April 22, 1993.

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Mary E. Kohart, Stephen P. Chawaga, Drinker, Biddle & Reath, Lawrence J. Fox, Stefan Presser, Philadelphia, PA, Marcia R. Lowry, American Civ. Liberties Union Foundation, Michael Mushlin, American Civ. Liberties Union, Children's Rights Project, New York City, E. Graham Robb, Drinker, Biddle & Reath, Paul H. Saint-Antoine, Philadelphia, PA, Robin L. Dahlberg, American Civ. Liberties Union, Children's Rights Project, Ann A. Wooldridge, New York City, for plaintiffs.

Marianne E. Brown, Schnader, Harrison, Segal & Lewis, Jerome J. Shestack and Dana B. Klinges, Wolf, Block, Schorr and Solis Cohen, Philadelphia, PA, for Robert P. Casey and John F. White, Jr.

A. Taylor Williams, Administrative Office of Pa. Courts, Philadelphia, PA, for Edward J. Bradley.

Robert G. Schwartz, Juvenile Law Center, Philadelphia, PA, for Juvenile Law Center and Philadelphia Citizens for Children and Youth.

Philip J. Katauskas, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Support Center for Child Advocates.

Frederick J. Bosch, Stradley, Ronan, Stevens & Young, Philadelphia, PA, for Child, Youth and Family Council of Delaware Valley.

Judith Brown Chomsky, Philadelphia, PA, for Local 2186 of American Federation of State, County & Mun. Employees, AFL-CIO and Local 2187 of American Federation of State, County & Mun. Employees, AFL-CIO.

Lorray Brown, Deputy City Sol., Richard J. Gold, City Solicitor's Office, Chief Deputy City Sol., Philadelphia, PA, for W. Wilson Goode, Joan M. Reeves and Maxine Tucker.

Jonathan Walters, Nancy B.G. Lassen, Willig, Williams & Davidson, Philadelphia, PA, for AFSCME Dist. Council 47, American Federation of State, County and Mun. Employees, AFL-CIO.

Thomas J. Wamser, Deputy City Sol., Doris M. Leisch, City of Philadelphia, Law Dept., Philadelphia, PA, for W. Wilson Goode, Joan M. Reeves and Maxine Tucker.

MEMORANDUM

ROBERT F. KELLY, District Judge.

This is a civil rights action brought on behalf of children in Philadelphia who have been placed in the custody of the Philadelphia Department of Human Services ("DHS") alleging that Defendants by their actions or inactions have denied Plaintiffs their rights by refusing to conform their activities to the requirements of federal law, the United States Constitution, and state law and regulations. Plaintiffs are in the custody of DHS because their parents are unable to care for them or because of allegations that they have been abused or neglected. This case was brought on behalf of the named Plaintiffs through their Next Friends. The Commonwealth and City Defendants and Defendant Judge Edward J. Bradley have filed a Motion for Summary Judgment in this action. For the reasons set forth below, Defendants' Motion for Summary Judgment is granted in part and denied in part.

Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). This Court is required to view the record in the light most favorable to the party opposing the motion for summary judgment. Hollinger v. Wagner Mining Equipment Co., 667 F.2d 402, 405 (3d Cir.1981). All justifiable inferences must be drawn in favor of the non-moving party. Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). The moving party is entitled to summary judgment where no reasonable resolution of conflicting evidence and inferences therefrom could result in a judgment for the non-moving party. Bank of Am. Nat'l Trust and Sav. Ass'n v. Hotel Rittenhouse Assoc., 595 F.Supp. 800, 802 (E.D.Pa.1984) (citations omitted).

Defendants have asserted numerous grounds upon which summary judgment should be granted. This Court will address each of these arguments separately.

I. PLAINTIFFS' CLAIMS UNDER THE ADOPTION ASSISTANCE AND CHILD WELFARE ACT:

Plaintiffs maintain that Defendants are engaged in ongoing violations of the Adoption Assistance and Child Welfare Act of 1980 (the "Adoption Act"), 42 U.S.C. §§ 620-28, 670-79. Plaintiffs seek declaratory and injunctive relief to address these alleged violations. The Adoption Act established a federal reimbursement program for various expenditures made by states in administering foster care and adoption services. Pursuant to § 671(a) of the Adoption Act, a state must submit a plan to the Secretary of Health and Human Services for approval. This plan must contain numerous features which are listed in § 671(a). 42 U.S.C. § 671(a)(1)(17). Plaintiffs do not claim that the Commonwealth of Pennsylvania lacks such a plan but argue that the Commonwealth's plan is not being implemented properly and that they have a right to privately enforce the Adoption Act's provisions.

Recently, in Suter v. Artist M., ___ U.S. ___, 112 S.Ct. 1360, 118 L.Ed.2d 1 (1992), the Supreme Court of the United States addressed the issue of whether private individuals have the right to enforce by suit a provision of the Adoption Act either under the Act itself or through an action under 42 U.S.C. § 1983. The district court and the Court of Appeals for the Seventh Circuit held that 42 U.S.C. § 671(a)(15) contained an implied right of action which could also be enforced under 42 U.S.C. § 1983. The Supreme Court reversed and held that § 671(a)(15) of the Adoption Act does not confer an enforceable right on behalf of its beneficiaries nor does it create an implied cause of action on the beneficiaries' behalf. ___ U.S. at ___, 112 S.Ct. at 1370.

Respondents in Suter filed their action seeking declaratory and injunctive relief under the Adoption Act. Respondents were a class of children who alleged that Illinois state officials responsible for the operation of foster care were failing to make the "reasonable efforts" as required under the Adoption Act. Section 671(a)(15) of the Adoption Act provides that:

(a) Requisite features of State plan

In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which — (15) effective October 1, 1983, provides that, in each case, reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home.

42 U.S.C. § 671(a)(15). Plaintiffs alleged that Defendants had failed to make reasonable efforts to prevent removal of children from their homes and to facilitate reunification of families where removal had occurred. The Court in Suter recognized that the Adoption Act is mandatory in its terms, however, it examined what precisely is required of states by the Adoption Act pursuant to Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 101 S.Ct. 1531, 67 L.Ed.2d 694 (1981). Suter, ___ U.S. at ___, 112 S.Ct. at 1367. The Suter Court determined that the only requirement under § 671(a) of the Adoption Act is that the state have a plan that is approved by the Secretary which contains the listed requirements. Id. Furthermore, Congress has not provided statutory guidance in § 671(a)(15) as to how "reasonable efforts" is to be measured. Id. at ___, 112 S.Ct. at 1368. The Court stated that this is a "directive whose meaning will obviously vary with the circumstance of each individual case." Id. When it comes to compliance with the plan, states are given broad discretion. Moreover, the Court stated that other sections of the Adoption Act facilitate in enforcing the "reasonable efforts" clause. For instance, § 671(b) of the Adoption Act provides that the Secretary can reduce or eliminate reimbursement to a state if the state's plan no longer complies with § 671(a) or if there is a substantial failure in the administration of the plan such that the state is not complying with its plan. ___ U.S. at ___, 112 S.Ct. at 1368.

The Court in Suter found that the "reasonable efforts" language, examined in the context of the entire Adoption Act:

does not unambiguously confer an enforceable right upon the Act's beneficiaries. The term `reasonable efforts' in this context is at least as plausibly read to impose only a rather generalized duty on the State, to be enforced not by private individuals, but by the Secretary in the manner previously discussed.

Id. at ___, 112 S.Ct. at 1370. The Court held that § 671(a)(15) of the Adoption Act does not create a right to enforce this provision under 42 U.S.C. § 1983 nor does it contain an implied right of action for private enforcement. Id.

Respondents in Suter further argued that under 42 U.S.C. § 1983 they could sue to obtain enforcement of § 671(a)(3) of the Adoption Act. Id. at ___, 112 S.Ct. at 1368. Section 671(a)(3) of the Adoption Act provides that: "the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them." 42 U.S.C. § 671(a)(3). The Court found that the language "in effect" is "directed to the requirement that the plan apply to all political subdivisions of the State, and is not intended to otherwise modify the word `plan.'" Suter, ___ U.S. at ___, 112 S.Ct. at 1368. Moreover, the Court went on to state that Plaintiffs' claim for relief based upon § 671(a)(9) of the Adoption Act fails to sustain a cause of action. Id. n. 10. Section 671(a)(9) of the Adoption Act states that the state plan shall provide that the state agency report to the appropriate official or agency any known or suspected instances of abuse, neglect, or exploitation of a child receiving aid. Se...