Beasley v. Harris

• Decision Date: 14 October 1987
• Docket Number: Civ. No. H-86-619 (PCD).
• Citation: 671 F. Supp. 911
• Court: U.S. District Court — District of Connecticut
• Parties: Evelyn BEASLEY, et al., Plaintiffs, v. James G. HARRIS, Jr., et al., Defendants/Third-Party Plaintiffs, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Third-Party Defendant.

671 F. Supp. 911

Evelyn BEASLEY, et al., Plaintiffs, v. James G. HARRIS, Jr., et al., Defendants/Third-Party Plaintiffs, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Third-Party Defendant.

Civ. No. H-86-619 (PCD).

United States District Court, D. Connecticut.

October 14, 1987.

Judith Hoberman, New Haven Legal Assistance, New Haven, Conn., Steven Epstein, Conn. Legal Services, Meriden, Conn., for plaintiffs.

Joseph I. Lieberman, Atty. Gen., Joseph DuMond, Jr., Asst. Atty. Gen., Hartford, Conn., for defendants & third-party plaintiffs.

Stanley Twardy, U.S. Atty., Philip Jones, Asst. U.S. Atty., Hartford, Conn., for third-party defendant.

RULING ON PENDING MOTIONS

DORSEY, District Judge.

Facts and Procedural History

Plaintiffs bring this action on behalf of themselves and their minor children as recipients of Aid to Families With Dependent Children ("AFDC") benefits through the Connecticut Department of Income Maintenance ("DIM"). Defendant Heintz is Commissioner of DIM. Defendant Harris is Commissioner of the State Department of Human Resources ("DHR"). Defendant Salius is the Director of the Family Division of the Judicial Department of the State of Connecticut ("FD"). Defendant Freedman is Commissioner of the State Department of Administrative Services ("DAS").

Plaintiffs seek injunctive and declaratory relief from defendants' allegedly illegal practices in conjunction with the child support "pass-through" provisions of the Deficit Reduction Act of 1984 ("DEFRA"), Pub.L. No. 98-369, 98 Stat. 494, 42 U.S.C. § 657(b)(1), et seq., claiming:

(1) Defendants violated the due process guarantees of the Constitution, 42 U.S.C. §§ 602, 654(13), 45 C.F.R. §§ 206.10(a)(s)(i), 232.20(d) and 302.51(b)(1) by failing to promptly forward child support payments.

(2) Defendants Harris and Heintz have violated 42 U.S.C. §§ 602(a)(8)(A), 675(b)(1) and 45 C.F.R. §§ 233.20(d) and 302.51(b)(1) by improperly determining when pass-through payments should be made.

(3) Defendants Harris and Salius have violated 42 U.S.C. §§ 654(11), 666(a)(1) and 666(b)(5) and 45 C.F.R. §§ 303(d)(1)(ii) and 303.100(e)(2) by failing to comply with and enforce the wage-withholding provisions of Title IV-D of the Social Security Act.

(4) Defendants Harris and Heintz have violated 42 U.S.C. § 602(a)(4) and 45 C.F.R. § 205.10(a)(5) and the due process guarantees of the Constitution by not providing plaintiffs with notice as to the amounts of child support received on their behalf, the date of such receipt, whether a pass-through payment will be made, and the procedures for requesting a hearing to correct any claimed errors.

On December 4, 1986, defendants/third-party plaintiffs impleaded the Secretary of the Department of Health and Human Services ("HHS"), Otis R. Bowen, pursuant to Fed.R.Civ.P. 14 to require the Secretary to interpret several of his regulations.

Currently pending are:

1. Defendants/third-party plaintiffs' motion to deny class certification and plaintiffs' cross-motion to approve class certification.

2. Defendants/third-party plaintiffs' motion to dismiss the complaint.

3. Third-party defendant's motion to dismiss or, in the alternative, for summary judgment.

Discussion

Statutory History

The AFDC program was enacted (1) to encourage the care of dependent children in their own home or that of relatives; and (2) to ensure that parents or guardians are financially able to provide for these children. 42 U.S.C. § 601. The program is a federal-state cooperative effort. King v. Smith, 392 U.S. 309, 316, 88 S.Ct. 2128, 2133, 20 L.Ed.2d 1118 (1968).

Title IV-A of AFDC, §§ 601-615, governs the administration of the program. State participation is optional, but states which choose to participate must design a program which meets federal statutory and regulatory requirements. § 602(a) and (b). The aims of Title IV-A have been effectuated through monthly assistance payments. Title IV-A, however, as originally enacted, contained no provisions for enforcement of child support nor with reimbursement to the state and federal government through the collection of such child support. Congress made several attempts to remedy this defect, see § 321(b) of Chapter 809, Pub.L. No. 734, 64 Stat. § 549-550 (1950); §§ 201(a)(1) and 211(a) of Pub.L. No. 90-248, 81 Stat. §§ 878-879, 896-897, codified at 42 U.S.C. § 602(a)(17), (18), (21) and (22) (1968), none of which solved the problem. Title IV-D, 42 U.S.C. §§ 651-67, was then enacted and mandated paternity and child support enforcement services be implemented as a Title IV-A plan requirement. 42 U.S.C. § 602(a)(27). Title IV-D state plans must meet specific federal criteria. 42 U.S.C. § 654.¹ Under this combined program, each applicant must assign to the state his or her right to child support and must cooperate in establishing paternity of illegitimate children for whom aid is claimed and in obtaining support payments. Id. at § 602(a)(26). Title IV-D also requires states to form cooperate agreements with the appropriate courts and law enforcement officials to assist in obtaining child support and paternity orders. Id. at § 654(7).²

Connecticut has adopted a multi-agency approach to implement its Title IV-A and IV-D plans. Title IV-A is administered by DIM. It receives and processes AFDC applications. An applicant for aid must assign his or her right to child support to DIM and assist in enforcing support obligations against the absent parent. Conn. Gen.Stat. § 17-82b. Upon approval, the applicant receives monthly payments fixed by regulations. Conn.Gen.Stat. § 17-82d. Title IV-D is administered by DHR through its Bureau of Child Support ("BCS"), which must "coordinate, plan and publish the state child support enforcement plan for the implementation of Title IV-D." § 17-31i(a). Through agreements with other officials, BCS has enlisted FD to ensure that parents comply with child support court orders. One means by which FD seeks compliance is through wage executions. DHR has also enlisted the accounting services of DAS to ensure that support-obligated parents are properly billed and their payments properly recorded.

Plaintiffs' claims grow out of the 1984 amendments to the AFDC program, see DEFRA, 42 U.S.C. § 657(b)(1), amending § 457(b)(1) of the Social Security Act, which require:

the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the AFDC family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month.

The $50 pass-through payment is not included in the calculations by which an AFDC applicant's eligibility or a recipient's monthly support obligation is determined. Thus, a recipient receives $50 to which the state might otherwise have been entitled as reimbursement for support payments.

As factual support, plaintiffs represent:

Beasley alleges that her former husband has been paying child support payments of $200 through the Sacramento (California) County Child Support Unit on behalf of her four children. These payments are forwarded to the State of Connecticut monthly. In January 1985, Beasley received a pass-through payment representing her husband's October 1984 support payment. From January 1985 through September 1985, and from November 1985 through April 1986, Beasley received monthly pass-through support payments for child support paid by her former husband three months earlier. In October 1985 and May 1986, Beasley did not receive pass-through payments, despite her belief that her husband made payments which would have entitled her thereto. She was not told that such payments would not be made, why they would not be made, nor was she afforded a hearing to contest the non-payment. Complaint ¶¶ 38-43.

DeJesus is also an AFDC recipient. The father of her children has allegedly been paying child support of $40 per week through a wage garnishment. Plaintiff alleges that, despite DHR's and FD's legal ability to enforce regular collection of such garnished wages and, despite the fact that the employer regularly withholds the garnished wages, support payments have only been collected for August 1985, December 1984, and May 1986. She claims to have received pass-through payments only for the months of November 1985 and March 1986. She also complains that she was not given notice that she would not receive pass-through payments and was not given a hearing to contest the non-payment. Complaint ¶¶ 44-48.

The father of Kennedy's children pays child support at the rate of $5.00 per week through garnishment of his wages. The garnished wages are forwarded to the FD and thereafter to DAS. She has never received a pass-through payment. She, too, challenges the lack of notice and as to this non-payment without a response. Complaint ¶¶ 49-52.

Sheridan's former husband pays $60 per week through a wage garnishment. She, too, has never received a pass-through payment. Complaint ¶¶ 53-56.

Defendants' Motion to Dismiss³

Defendants have moved to dismiss all six counts of the complaint.

A. Counts One and Two

In Counts One and Two, plaintiffs claim that "defendants' policy and practice of not forwarding child support payments to AFDC families until three months after receipt violates the `reasonable promptness' requirement of 42 U.S.C. § 602(a)(1)(A), 42 U.S.C. § 657(b)(1), and the regulations promulgated pursuant to these statutes, 45 C.F.R. § 206.10(a)(5)(i), 232.20(d) and 302.51(b)(1), as amended ... and deprives Plaintiffs of their property without due process of law, in violation of the Fourteenth Amendment to the United States Constitution." Complaint at ¶¶ 58 and 60.

In response to § 657(b)(1), the Secretary has stated that: "The State plan must provide that the IV-A agency, on behalf of the IV-D agency, will promptly pay to the family the sum disregarded under § 305.51(b)(1) sic: § 302.51(b)(1)." 45 C.F.R. § 232.20(d) (1986). The Secretary has not...