In an action challenging California’s scheme of reimbursement to foster care homes, summary judgment for defendants is reversed where California was not in “substantial compliance” with the federal Child Welfare Act’s (CWA) mandate that a participating state “cover the cost” of certain enumerated items for foster care group homes because it paid at a rate that was approximately 80 percent of actual 1986-1987 costs adjusted for inflation, and the CWA required California to pay in full.

Read California Alliance of Child & Fam. Servs. v. Allenby, No. 08-16267

Appellate Information

Argued and Submitted October 7, 2009

Filed December 14, 2009

Judges

Opinion by Judge Rymer

Concurrence by Judge Wu

Counsel

For Appellant:

William F. Abrams, East Palo Alto, CA

For Appellees:

George Prince, Office of the Attorney General, San Francisco, CA

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