California, Dept. of Social Services v. Leavitt
| Decision Date | 18 July 2006 |
| Docket Number | No. CIV. S-99-0355 FCD JFM.,CIV. S-99-0355 FCD JFM. |
| Citation | 444 F.Supp.2d 1088 |
| Court | U.S. District Court — Eastern District of California |
| Parties | State of CALIFORNIA, DEPARMENT OF SOCIAL SERVICES, and Enedina Rosales, Plaintiffs, v. Mike LEAVITT, Secretary of Health and Human Services, Defendant. |
Catherine Haragan Brown, Office of Attorney General, Sacramento, CA, Frank Stanley Furtek, Margarita Altamirano, Robert S. Van Volgen, Jr., Thomas Robert Yanger, Attorney General's Office of State of California, for State of California.
W. Scott Simpson, U.S. Department of Justice, Washington, DC, for Leavitt.
David M. Beckwith, McDermott Will & Emory LLP, San Diego, CA, for Movant Buggs, Deegan, Jefferson, Spencer.
Barbara Jones, Marjorie J. Shelvy, Legal Aid Foundation of Los Angeles, Los Angeles, CA, Peter Joseph Gimino, III, McDermott Will & Emory, Irvine, CA, David M. Beckwith, McDermott Will & Emory LLP, San Diego, CA, for Intervenor Rosales.
This matter is before the court on plaintiff's State of California, Department of Social Services ("DSS") and defendant's Michael Leavitt, Secretary of Health and Human Services ("Secretary") motions for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.1 Plaintiff-intervenor Enedina Rosales ("Rosales") and various individuals claiming to be protected by this court's prior order ("Movants") have filed cross motions to enforce judgment pursuant to Rule 71. The court heard oral argument on the motion on June 16, 2006 and announced from the bench its decisions to grant the motions for relief for judgment and to grant in part and deny in part the motions to enforce judgment. By this order, the court memorializes its reasons for the decisions, previously stated on the record at the hearing.
This case concerns eligibility for benefits under the federal-state Aid to Families with Dependent Children-Foster Care Program ("AFDC-FC"). The AFDC-FC Program, enacted as Title IV-E of the Social Security Act, provides funds to assist with certain costs of foster care for dependent children. See 42 U.S.C. §§ 672, 674, 675(4)(A).2 The program is jointly funded by the federal and state governments, and the funds are disseminated by state agencies. See id. §§ 670-72, 674. To receive matching funds, states must have a foster care plan in place that meets federal requirements and disburses funds in accordance with that plan. See id. 671(a). If the state plan complies with the mandatory federal requirements, the Secretary must approve the plan. See id. § 671(b).
The California Department of Social Services has a federally-approved foster care plan, and disseminates federal and state funds under that plan. The State's approved plan provides that, to be eligible for AFDC-FC, a child must have been eligible for AFDC with the parent or relative from whom she was removed. (See Pltf's Complaint for Review of Admin. Action, filed Feb. 24, 1999, Ex. 1 (hereinafter "Complaint")). Thus, if the child was ineligible for AFDC benefits in the home of removal, she will remain ineligible for AFDC-FC benefits in the foster home, even if she would otherwise be eligible for AFDC in the foster home.
On May 20, 1997, the California Court of Appeal, Second District, issued a decision in Capitola Land v. Anderson, 55 Cal. App.4th 69, 63 Cal.Rptr.2d 717 (1997). Pending before the Land court were three separate cases granting writs of mandate, holding that the DSS regulations implementing the AFDC-FC Program were contrary to the plain meaning of Section 672(a).3 The DSS regulations mirrored the Secretary's interpretation of Section 672(a). Under the Secretary's interpretation of Section 672(a), AFDC "linkage" is established if the child was eligible for AFDC in the home of the parent during the month the petition for removal is filed, and either (1) was living in the home of the parent or relative from whom the child was removed; or (2) had been living with that parent or relative within the six months prior to the filing of the removal petition. However, if a child is living with a relative other than the one from whom the child is being removed, the child is ineligible for AFDC-FC payments if removal proceedings are initiated more than six months after the date the child is no longer living with the parent.
The Land court concluded that AFDC linkage could be established if the child was living with a relative, other than the one from whom the child was removed, and was eligible for AFDC in the home of that relative in the month the petition for removal was filed. See Capitola Land, 55 Cal.App.4th at 84, 63 Cal.Rptr.2d 717. Accordingly, it held that the DSS requirement violated the AFDC-FC statute.
On December 23, 1997, DSS submitted a proposed State Plan Amendment to HHS ("1997 Plan Amendment" or "Plan Amendment"). (See Complaint, Ex. 1). The proposed change consisted of an All-County Letter intended to implement the Land decision, along with representations that DSS would subsequently amend and submit for review its state regulations implementing Land. On February 10, 1998, DSS received notice from the regional office of HHS that the Plan Amendment was being forwarded to the central office with a recommendation that the Amendment be disapproved. (See id. Ex. 2). On April 3, 1998, the HHS regional administrator notified DSS it was disapproving the Amendment. (See id. Ex. 3).
After being notified of HHS' disapproval of the 1997 Plan Amendment, DSS filed a petition for review directly with the Ninth Circuit. On February 2, 1999, the Ninth Circuit dismissed the appeal for lack of jurisdiction. See California v. Skalala, 166 F.3d 1019 (9th Cir.1999). The court observed, however, that a district court would have jurisdiction to review of the Secretary's actions pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 701-06 ("APA"). See id. at 1020.
On August 13, 1997, Linda Allen filed a petition for writ of mandate in California state court, seeking to compel the State to provide AFDC-FC benefits. See Linda Allen v. Eloise Anderson, Case No. BS046627 (L.A. Cty. Sup.Ct., filed August 13, 1997). On February 23, 1998, DSS filed a cross-petition and cross-complaint against the Secretary in order to secure matching funds for any payments it might be obligated to make due to court order. The Secretary then removed the action to the district court for the Central District of California. See Linda Allen v. Eloise Anderson, Case No. 98-2128 CBM (C.D.Cal., filed May 1, 1998).
On October 5, 1998, the district court granted the Secretary's motion to dismiss the cross-claim and cross-petition. DSS filed a notice of appeal with the Ninth Circuit on December 4, 1998. The Ninth Circuit dismissed the appeal as moot on October 13, 1999, in light of the August 21, 1998 enactment of California Welfare and Institutions Code section 11402.1.4
The DSS, on behalf of the State of California, filed this action on February 24, 1999, seeking administrative review of the Secretary's disapproval of the 1997 Plan Amendment. See 5 U.S.C. § 702. Enedina Rosales, a court-appointed foster parent for her grandson, Anthony, intervened in this action by order filed June 24, 1999.
On October 13, 1999, the parties stipulated to stay this action during the pendency of the Allen appeal. On November 1, 1999, the parties notified this court of the outcome of the Allen appeal, but requested that the stay continue, given DSS's plan to move to vacate the district court judgment in Allen. The DSS so moved, and on March 17, 2000, the motion to vacate was granted by the Allen court.
The parties then submitted a Joint Status Report on April 3, 2000, requesting that the stay be lifted in this matter. The court approved the request, and re-calendared the Secretary's previously-filed motion to dismiss. Subsequently, on April 14, 2000, intervener filed a motion for summary judgment, in which DSS joined. By order dated September 1, 2000, the court granted the Secretary's motion to dismiss, holding that "plaintiff and intervener have not met their onerous burden of demonstrating that the Secretary acted in an arbitrary and capricious manner in denying approval of the State Plan Amendment based upon this reasonable interpretation of section 672(a)." (September 1, 2000 Memorandum and Order Granting Secretary's Motion to Dismiss at 12.) DSS did not appeal the court's decision, but intervener Rosales filed a timely appeal.
The Ninth Circuit reversed the court's order granting the Secretary's motion to dismiss holding that "the Secretary's proffered interpretation is by every measure unreasonable: it is inconsistent with the statutory language as construed in light of [prior Supreme Court decisions]; it has no support in the legislative history; and it undermines the statutory protections for foster children that Congress intended to provide." CDSS/Rosales v. Thompson, 321 F.3d 835, 856-857 (9th Cir.2003). The court then remanded the action "for a determination of what relief to grant Ms. Rosales consistent with this opinion." Id. at 857.
Shortly after the Ninth Circuit issued its decision in CDSS/Rosales, DSS informed the court that it wished to reenter the litigation.5 By order dated February 20, 2004, the court ordered DSS and the Secretary to pay retroactive AFDC-FC benefits to Rosales and similarly situated relative foster care families who were denied benefits as a result of the Secretary's erroneous interpretation of Section 672(a).
Subsequently, based upon the lack of progress made in implementing the court's order, Rosales filed a motion to compel performance of the Secretary. DSS also filed a motion to amend the February 2004 or...
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