C.K. v. New Jersey Dept. of Health and Human Services, 95-5454
| Citation | 92 F.3d 171 |
| Decision Date | 09 August 1996 |
| Docket Number | No. 95-5454,95-5454 |
| Parties | C.K., on Her Own Behalf and as Guardian ad litem for Her Baby S.B. and Her Daughter J.M.; L.W., on Her Own Behalf and as Guardian ad litem for Her Baby E.W. and Her Son J.W.; E.P., on Her Own Behalf and as Guardian ad litem for Her Baby I.P. and Her Son R.P.; E.M., on Her Own Behalf and as Guardian ad litem for Her Baby Boy B.M. and Her Daughter C.G.; H.K., on Her Own Behalf and as Guardian ad litem for Her Babies T.H., D.H. and D.H. and Other Sons S.H. and J.H.; E.S. and G.S., on Their Own Behalf and as Guardian ad litem for Their Baby Boy B.S., Son C.S. and Their Daughter C.S.; M.M., on Her Own Behalf and as Guardian for Her Daughter A.P. and Her Son A.R., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. NEW JERSEY DEPARTMENT OF HEALTH AND HUMAN SERVICES; William Waldman, Commissioner, New Jersey Dept. of Human Services, in His Official Capacity; Donna Shalala, Secretary, United States Department of Health and Human Services; and The United States Department of Health and Human Services. |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Lawrence S. Lustberg, Jonathan Romberg, Lenora M. Lapidus on behalf of ACLU-NJ, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Martha F. Davis (argued), Deborah A. Ellis, NOW Legal Defense & Education Fund, New York City, Melville D. Miller, Jr., President, David G. Sciarra, Legal Services of New Jersey, Inc., Edison, NJ, for Appellants.
Joseph L. Yannotti, Assistant Attorney General, of counsel, Dennis J. Conklin (argued), Senior Deputy Attorney General, Michael J. Haas, Senior Deputy Attorney General, Todd A. Wigder, Deputy Attorney General, Deborah T. Poritz, Attorney General of New Jersey, Richard J. Hughes, Trenton, NJ, for Appellees New Jersey Department of Human Services and William Waldman, Commissioner.
John F. Daly (argued), Mark B. Stern, Attorneys, Civil Division, Department of Justice, Faith S. Hochberg, United States Attorney, Frank W. Hunger, Assistant Attorney General, Civil Division, Department of Justice, Washington, DC, for Appellees United States Department of Health and Human Services and Donna Shalala, Secretary.
Shirley Brandman, Kathleen Sullivan, The Jerome N. Frank Legal Services Organization, New Haven, CT, Lucy Williams, Boston, MA, for Amici-Curiae Puerto Rican Legal Defense and Education Fund, Society of American Law Teachers, and Wider Opportunities for Women.
David A. Price, Daniel J. Popeo, Washington Legal Foundation, Washington, D.C., for Amicus-Curiae Washington Legal Foundation.
Rand E. Rosenblatt, Camden, NJ, for Amici-Curiae Members & Staff of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research.
Nadine Taub, Women's Rights Litigation Clinic, Newark, NJ, Judith L. Lichtman, Joan Entmacher, Susannah Baruch, Women's Legal Defense Fund, Washington, D.C., for Amici-Curiae Women's Legal Defense Fund; Advocates for Youth; American Association of University Women; Catholics for a Free Choice; Center for Reproductive Law & Policy; Feminist Majority Foundation; National Abortion & Reproductive Rights
Action League; National Council of Jewish Women, Inc.; National Council of Negro Women, Inc.; National Family Planning & Reproductive Health Association; National Women's Law Center; ProChoice Resource Center, Inc.; Religious Coalition for Reproductive Choice; Right to Choose of New Jersey; and Union of Needletrades, Industrial and Textile Employees, AFL-CIO
William H. Mellor, III, Clint Bolick, Dana Berliner, Washington, DC, for Amici-Curiae The American Legislative Exchange Council; The Empowerment Network Foundation; The Independent Women's Forum; Bethsai Townsend; Tomikka Simmons; and Nicole Green.
Evan A. Davis, Marcia L. Narine, Yves P. Denize, Cleary, Gottlieb, Steen & Hamilton, New York City, for Amici-Curiae Association for Children of New Jersey; The National Organization for Women (NOW-NJ); American Friends Service Committee; The Lutheran Office of Governmental Ministry in New Jersey; The National Association of Social Workers, Inc.; The Child Care Law Center; The Child Welfare League of America; The Food Research and Action Center; and The National Association of Child Advocates.
William H. Hurd, Deputy Attorney General, David E. Anderson, Chief Deputy Attorney General, Craig M. Burshem, Assistant Attorney General, Siran S. Faulders, Senior Assistant Attorney General, James S. Gilmore, III, Attorney General of the Commonwealth of Virginia, Richmond, VA, for Amici-Curiae The Commonwealth of Virginia and The States of Alabama, Arizona, California, New York, South Carolina, and Wisconsin.
Before: STAPLETON, GREENBERG, and ALDISERT, Circuit Judges.
Appellants, residents of New Jersey who currently receive welfare funding through the Aid to Families with Dependent Children ("AFDC") program, 1 challenge the exercise by the Secretary of Health and Human Services ("HHS") of her authority pursuant to section 1115 of the Social Security Act, 42 U.S.C. § 1315(a) ("section 1315(a)"), which permits her to waive requirements for state plans under the Act to enable individual states to test reforms to their AFDC programs through "demonstration projects." Specifically, appellants challenge the Secretary's grant of waivers to the State of New Jersey in July 1992 to allow implementation of the state's Family Development Program ("FDP") which, inter alia, contains the so-called "Family Cap" provision, 2 an amendment to existing state law that eliminates the standard increase provided by AFDC for any child born to a woman currently receiving AFDC.
Appellants claim that the Secretary's waiver was invalid and improper, that the FDP violates a number of federal statutes and regulations, and that it violates their constitutional rights to due process and equal protection. Both the appellants and the state and federal appellees moved for summary judgment in the district court on all legal issues. The court granted summary judgment for appellees on all counts and dismissed the complaint with prejudice. C.K. v. Shalala, 883 F.Supp. 991 (D.N.J.1995). This appeal followed.
The district court had jurisdiction over this case pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). We have jurisdiction under 28 U.S.C. § 1291. Our review of the matter is plenary. Helen L. v. DiDario, 46 F.3d 325, 329 (3d Cir.1995); Mellon Bank, N.A. v. Metro Communications, Inc., 945 F.2d 635, 642 (3d Cir.1991).
AFDC is a joint federal and state program established under Title IV-A of the Social Security Act, 42 U.S.C. § 601 et seq., to "enabl[e] each State to furnish financial assistance and rehabilitation and other services, as far as practicable under the conditions in such State, to needy dependent children and the parents or relatives with whom they are living...." 42 U.S.C. § 601. Under the program, if a state submits an AFDC plan that meets the requirements of 42 U.S.C. § 602, the federal government will reimburse it for a portion of the benefits it provides to aid recipients. In other words, the state will receive federal matching funds if it implements an AFDC plan that comports fully with the Social Security Act.
AFDC is a "scheme of cooperative federalism" in which states are given "considerable latitude" in the administration of their own programs. King v. Smith, 392 U.S. 309, 316-19, 88 S.Ct. 2128, 2133-34, 20 L.Ed.2d 1118 (1968). Within the statute itself, Congress authorized financial aid:
[f]or the purpose of encouraging the care of dependent children in their own homes or in the homes of relatives by enabling each State to furnish financial assistance and rehabilitation and other services, as far as practicable under the conditions in such State, to needy dependent children and the parents or relatives with whom they are living to help maintain and strengthen family life and to help such parents or relatives to attain or retain capability for the maximum self-support and personal independence consistent with the maintenance of continuing parental care and protection....
42 U.S.C. § 601.
In 1962, Congress added section 1115 of the Social Security Act, now 42 U.S.C. § 1315, in the Public Welfare Amendments of 1962, Pub.L. No. 87-543, 76 Stat. 192 (1962). Section 1315 provides, in relevant part:
In the case of any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in promoting the objectives of subchapter I, X, XIV, XVI, or XIX of this chapter, or Part A or D of subchapter IV of this chapter, in a State or States--
(1) the Secretary may waive compliance with any of the requirements of section 302, 602, 654, 1202, 1352, 1382, or 1396a of this title, as the case may be, to the extent and for the period he finds necessary to enable such State or States to carry out such project....
New Jersey's AFDC program is administered by the state's Department of Human Services ("DHS"). On July 1, 1992, the New Jersey legislature enacted the Family Development Program, now known as the Family Development Act, N.J.Stat.Ann. § 44:10-19 to -33, N.J.Stat.Ann. § 44:10-3.3 to -3.8 (West 1993). The FDP aims to reduce welfare dependency by, inter alia, developing educational and vocational skills. To advance these goals, one aspect of the FDP mandates that implementing state and county agencies provide individual recipients with contracts tailored to the individuals' needs, providing the recipients with such services as:
job development and placement in full-time permanent jobs ... counseling and vocational assessment; intensive remedial education, including instruction in English-as-a-second language; financial...
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