In re Social Services Payment Cases
| Decision Date | 16 September 2008 |
| Docket Number | No. B200788.,B200788. |
| Citation | 166 Cal.App.4th 1249,83 Cal. Rptr. 3d 434 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re SOCIAL SERVICES PAYMENT CASES. |
Arias Ozzello & Gignac, Mike Arias, J. Paul Gignac, Mikael H. Stahle and H. Scott Leviant for Plaintiffs and Appellants Jasmine B. et al.
Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Richard T. Waldow and Gregory M. Cribbs, Deputy Attorneys General, for Defendants and Respondents the California Department of Social Services et al.
Plaintiffs and appellants, a proposed class of individuals representing developmentally disabled foster children and their foster families throughout California, appeal from a judgment entered following the trial court's order sustaining a demurrer without leave to amend filed by defendants and respondents the State Department of Social Services and its director, John A. Wagner (collectively the DSS). Appellants sought reimbursement of additional foster care benefits allegedly available for the children. The trial court ruled that appellants failed to state a claim, as the additional rates are available only to facilities that have been "vendorized," or approved to provide the services and supports a developmentally disabled child has been assessed to need, and appellants failed to allege they could meet this requirement.
(1) We affirm. The language of the statutory and regulatory scheme governing developmentally disabled foster children and the policy considerations underlying that scheme require that the facilities into which developmentally disabled foster children are placed be vendorized in order to receive the additional rates referenced in Welfare and Institutions Code sections 4684 and 11464.1
In reviewing a trial court's order sustaining a demurrer, we assume the truth of all facts properly pleaded in the complaint, but we do not assume the truth of contentions, deductions or conclusions of law. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125 [271 Cal.Rptr. 146, 793 P.2d 479]; Fleming v. State of California (1995) 34 Cal.App.4th 1378, 1381 .)
The Statutory Scheme.
Appellants' allegations are premised on the applicable statutory and regulatory scheme governing the public benefits provided to foster children with developmental disabilities. California provides foster care benefits to eligible children under a program funded by the state and federal governments. Title IV-E of the Social Security Act, title 42 United States Code section 601 et seq., authorizes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program. (See generally State of Cal. Dept. of Social Servs. v. Thompson (9th Cir. 2003) 321 F.3d 835, 839.) The federal government's contribution of funds is dependent on the state's implementation of and compliance with a "State plan" that meets the requirements of federal law. (42 U.S.C. §§ 671, 672; 45 C.F.R. §§ 1355.21, 1356 et seq. (2007).)
One requisite element of the state plan is the designation of a "single State agency with authority to administer or supervise the administration of the plan." (45 C.F.R. § 205.100(a)(1)(i) (2007); see also 45 C.F.R. § 1355.30(p)(4) (2007).) The designated single state agency must have authority to make rules and regulations governing the administration of the plan and may not delegate its authority to exercise discretion in the administration and supervision of the plan. (45 C.F.R. § 205.100(a)(1)(ii), (b)(1).) Though other state and local agencies may perform services for the single state agency, they do "not have authority to review, change, or disapprove any administrative decision of the single State agency, or otherwise substitute their judgment for that of the agency as to the application of policies, rules, and regulations promulgated by the State agency." (45 C.F.R. § 205.100(b)(3).)
Having elected to participate in the AFDC-FC program, California has submitted a state plan and enacted a statutory scheme designed to comply with the federal requirements. (See § 10000 et seq.; see also County of Alameda v. Carleson (1971) 5 Cal.3d 730, 738-739 [97 Cal.Rptr. 385, 488 P.2d 953].) Under the state plan, the DSS is designated as the "single state agency with full power to supervise every phase of the administration of public social services . . . ." (§ 10600.) Such services include the provision of foster care. (Scott v. County of Los Angeles (1994) 27 Cal.App.4th 125, 143 .) Accordingly, the DSS is also charged with the authority to make "rules and regulations for the proper maintenance and care of needy children and for the administration of Aid to Families with Dependent Children." (§ 11209.)
The Legislature has determined that the provision of public social services, including foster care, is a county function and responsibility subject to any applicable state and federal statutes and regulations. (§ 10800.) Counties are responsible for a public system of statewide child welfare services, which includes providing for the investigation of possible abuse or neglect of a child warranting removal from parental custody. (§§ 300 et seq., 16500 et seq.) A child removed from his or her home pursuant to the dependency statutes and placed in foster care becomes eligible to receive AFDC-FC benefits. (§§ 11400, subd. (a), 11401, 11460.) According to section 11404, subdivision (a), "a child is not eligible for AFDC-FC unless responsibility for placement and care of the child is with the county welfare department . . . ." Eligibility for AFDC-FC is also dependent on the agency with the responsibility for the child's placement and care developing a case plan for the child, defined in pertinent part as a (§ 11400, subd. (b); see § 11404, subd. (b).)
"Foster care providers shall be paid a per child per month rate in return for the care and supervision of the AFDC-FC child placed with them." (§ 11460, subd. (a).) Section 11460 further defines "care and supervision" to include "food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation." (§ 11460, subd. (b).) The DSS has the duty to administer a state system for establishing rates for the AFDC-FC program. (§ 11460, subd. (a).) The basic foster care rates are described by statute, including sections 11461 (), 11462 (group homes and public child care institutions) and 11463 (foster family agencies).
(2) The State Department of Developmental Services (DDS) is responsible for the execution of laws and the establishment of rules and regulations relating to the care, custody and treatment of developmentally disabled persons. (§§ 4416, 4417.) The Lanterman Developmental Disabilities Services Act (Lanterman Act; § 4500 et seq.), contains provisions affording assistance to developmentally disabled individuals; such services are governed by a separate state plan. (§§ 4561-4568, 4675.) For purposes of the Lanterman Act, a developmental disability is one that originates before an individual is 18 years old, continues or can be expected to continue indefinitely, constitutes a substantial disability and includes (§ 4512, subd. (a); see also Cal. Code Regs., tit. 17, §54000, subds. (a), (b).)
(3) A county social worker may refer a foster child believed to have developmental disabilities to a "regional center" for evaluation. Established by the Lanterman Act, regional centers are private, nonprofit corporations that contract with the DDS to help the state carry out its responsibilities to developmentally disabled persons and their families. (§§ 4620-4622, 4629.) To be eligible for regional center services, an individual must have a developmental disability that falls within the definition provided by section 4512, subdivision (a). (§§4643, subd. (b), 4643.5; Cal. Code Regs., tit. 17, § 54010, subd. (b).) Regional centers develop individual program plans for eligible individuals that are designed to address identified goals and objectives through the provision of specified services and supports. (§§ 4646, 4646.5, 4648.)
As directed by statute, the DDS has "adopt[ed] regulations that specify rates for community care facilities serving persons with developmental disabilities." (§ 4681.1, subd. (a).) According to the regulations, a "`[f]acility' means a licensed community care facility as defined in Health and Safety Code Section 1502 (a)(1), (4), (5) or (6) ..." which has been vendorized as a residential facility by a regional center . . . ." (Cal. Code Regs., tit. 17 § 56002, subd. (a)(15); see also Cal. Code Regs., tit. 17, § 54302, subd. (a)(55).)2 Vendorization "is the process for identification, selection, and utilization of service vendors or contractors, based on the qualifications and other requirements necessary in order to provide the service." (§ 4648, subd. (a)(3)(A); see also Cal. Code Regs., tit. 17, § 54302, subd. (a)(78) [...
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