Maddonna v. U.S. Dep't of Health & Human Servs.
| Decision Date | 10 August 2020 |
| Docket Number | 6:19-cv-3551-TMC |
| Citation | 567 F.Supp.3d 688 |
| Parties | Aimee MADDONNA, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex M. Azar, II, in his official capacity as Secretary of the United States Department of Health and Human Services; Administration for Children and Families; Lynn Johnson, in her official capacity as Assistant Secretary of the Administration for Children and Families; Henry McMaster, in his official capacity as Governor of the State of South Carolina; and Michael Leach, in his official capacity as State Director of the South Carolina Department of Social Services, Defendants. |
| Court | U.S. District Court — District of South Carolina |
Aaron J. Kozloski, Capitol Counsel, Lexington, SC, Kenneth Dale Upton, Jr., Pro Hac Vice, Richard B. Katskee, Pro Hac Vice, Sarah Ruth Goetz, Pro Hac Vice, Americans United for Separation of Church and State, Washington, DC, for Plaintiff.
Benjamin Thomas Takemoto, Pro Hac Vice, US Department of Justice (CV Federal Programs Branch), James Ryan Powers, Pro Hac Vice, US Department of Justice CV Division, Washington, DC, Christie V. Newman, US Attorneys Office, Columbia, SC, for Defendants United States Department of Health and Human Services, Alex M. Azar, II, Administration for Children and Families, Lynn Johnson.
Jay Thomas Thompson, Murphy and Grantland, PA, Robert DeWayne Cook, SC Attorney General's Office, Columbia, SC, Miles Edward Coleman, Nelson Mullins Riley and Scarborough LLP, Greenville, SC, for Defendant Henry McMaster.
Kenneth Paul Woodington, William Henry Davidson, II, Davidson Wren and DeMasters PA, Columbia, SC, Miles Edward Coleman, Nelson Mullins Riley and Scarborough LLP, Greenville, SC, for Defendant Michael Leach.
Timothy M. Cain, United States District Judge Plaintiff Aimee Maddonna ("Maddonna") filed this suit alleging various constitutional violations based on her inability to volunteer with foster children and serve as a foster parent through a non-governmental child-placement agency, Miracle Hill Ministries ("Miracle Hill"), because of her Catholic faith.1 (ECF No. 1). Plaintiff contends that Miracle Hill receives government funding and, therefore, should not be able to discriminate and deny her the ability to volunteer or foster with its programs based on her religious beliefs. Id. Pertinent to this action, Plaintiff alleges that Defendant Henry McMaster ("McMaster") and Defendant Michael Leach ("Leach") (collectively the ) enabled, sanctioned, and failed to implement adequate safeguards against such alleged discrimination by seeking a waiver from the Department of Health and Human Services ("HHS") to permit South Carolina's faith-based child-placement agencies ("CPAs") to discriminate in violation of 45 C.F.R. §§ 75.300(c) and (d), while still receiving government funding and by McMaster issuing Executive Order No. 2018-12, directing the South Carolina Department of Social Services ("DSS") to permit faith-based CPAs to associate "only with ‘foster parents and homes who share the same faith’ as the subgrantee ‘in recruiting, training, and retaining foster parents’ " and to not deny licensure to faith-based CPAs on such basis. Id. at 23–24. Plaintiff further contends that Defendants HHS, Alex Azar ("Azar"), and the Administration for Children and Families (collectively the "Federal Defendants") have enabled, sanctioned, and failed to provide adequate safeguards against such alleged discrimination by granting the South Carolina Foster Care Program an exemption from the religious anti-discrimination component of 45 C.F.R. § 75.300(c). Id. at 25.
This matter is before the court on various motions to dismiss. (ECF Nos. 19, 21, 34). The State Defendants filed separate motions to dismiss.2 (ECF Nos. 19, 21). Plaintiff filed a joint response in opposition to both motions, (ECF No. 24), and the State Defendants filed separate replies.3 (ECF Nos. 30, 31). The Federal Defendants filed a joint motion to dismiss. (ECF No. 34). Plaintiff filed a response (ECF No. 38), and the Federal Defendants replied (ECF No. 42). After carefully reviewing the record and the parties’ extensive briefings, the court concludes a hearing is unnecessary to decide this matter. See Local Rule 7.08 (D.S.C.). For the reasons set forth below, the court grants Defendants’ motions as to Plaintiff's equal protection claim for religious discrimination and denies the motions as to Plaintiff's remaining claims pursuant to the APA and for violation of the Establishment Clause.
South Carolina has faced an increasing need for foster homes over the past several years, but has been unable to meet the demand, leaving almost two thousand children without home placement. See (ECF No. 1 at 7). In an attempt to meet these growing needs, DSS contracts with private CPAs, who receive licenses from the state, as well as state and federal funding, to recruit prospective foster parents and screen them for their suitability to obtain a foster care license. Id. at 7–8. Pursuant to Title IV-E of the Social Security Act, South Carolina receives reimbursement from HHS for a portion of the state's foster care expenditures, which the state then uses to partially reimburse CPAs for their services. Id. at 7–8, 9; see also S.C. Code Ann. § 63-9-30(5) ; S.C. Code Regs. § 114-4910.
DSS typically issues one-year licenses to CPAs that meet all regulatory and DSS requirements. (ECF No. 1 at 8 (citing S.C. Code Regs. § 114-4930(E) )). DSS then monitors those CPAs to ensure that they continue to comply with federal and state law requirements and regulations. Id. (citing S.C. Code Regs. § 114-4920(E) ). If a CPA is temporarily unable to comply with a state foster-care regulation, DSS may grant the agency a temporary license if the CPA provides DSS with "a written plan detailing how the agency will correct the areas of noncompliance within a probationary period." Id. (citing S.C. Code Regs. § 114-4930(F) ). Further, if a CPA fails to comply with licensing regulations and DSS concludes that compliance cannot be accomplished within a set or reasonable time, DSS may deny or revoke the CPA's license. Id. (citing S.C. Code Regs. § 114-4930(G) ).
DSS's Human Services Policy and Procedure Manual (the "DSS Manual") sets forth its recruitment polices and requirements. See id. at 9. In particular, the Manual provides that "[t]he unnecessary consideration of ... religion ... when making decisions regarding a child's placement can result in unfair outcomes for prospective families and substantial delays in permanency for children." Id. (quoting DSS Manual § 710). The DSS Manual further states that DSS and its programs are committed to providing " ‘equal opportunities for all families and children without regard to their ... religion’ " and that, therefore, "[n]o individual shall be denied the opportunity to become a foster or adoptive parent on the basis of ... religion ...." Id. (quoting DSS Manual § 710).
In addition to the State policies and regulations, DSS and any CPAs with which it contracts must also comply with federal statutory and regulatory requirements in order to receive federal funding under Title IV-E of the Social Security Act. See id. Although faith-based organizations like Miracle Hill are entitled to participate in HHS-funded foster care programs, HHS explicitly requires as part of its contracts with state foster care systems that " ‘no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as ... religion." Id. at 9–10 (quoting 45 C.F.R. § 75.300(c) ). Additionally, HHS regulations "prohibit religiously affiliated agencies from ‘support[ing] or engag[ing] in any explicitly religious activities (including activities that involve overt religious content such as ... proselytization) as part of the programs or services funded with direct financial assistance from the HHS awarding agency.’ " Id. at 10 (quoting 45 C.F.R. § 87.3 ).
Miracle Hill is one of the CPAs in Greenville, South Carolina, and it serves the counties of Abbeville, Anderson, Cherokee, Greenville, Greenwood, Laurens, Newberry, Oconee, Pickens, and Spartanburg (known as "Region 1"). Id. at 10–11. Miracle Hill is a faith-based ministry, and it is the largest CPA in both the state and the upstate South Carolina region. Id. at 11–12. As a CPA, Miracle Hill provides home studies and assessments, which DSS relies on when making placement decisions; assists potential foster parents with the licensing process; makes determinations on where foster children should be placed; and helps foster parents determine if the child is a fit with their home when a potential placement arises. Id. at 11. Furthermore, Miracle Hill "permits children as well as adults to volunteer with children and teenagers awaiting placement" and allows families to volunteer together. Id. However, Miracle Hill requires prospective foster parents and volunteer mentors to agree with Miracle Hill's doctrinal statement, which reads:
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