Case: Mark A. v. Wilson

2:98-cv-00041 | U.S. District Court for the Eastern District of California

Filed Date: Jan. 8, 1998

Closed Date: Nov. 2, 1999

Clearinghouse coding complete

Case Summary

This action involving California's Adoption Assistance Program was filed against the State of California on January 8, 1998, in the U.S. District Court for the Eastern District of California. The plaintiffs, children who are or will be in foster care, were represented by Youth Law Center; they sought declaratory and injunctive relief pursuant to the Due Process Clause and the federal Adoption Assistance Program, claiming that the defendant's policies and actions violated their rights.The compla…

This action involving California's Adoption Assistance Program was filed against the State of California on January 8, 1998, in the U.S. District Court for the Eastern District of California. The plaintiffs, children who are or will be in foster care, were represented by Youth Law Center; they sought declaratory and injunctive relief pursuant to the Due Process Clause and the federal Adoption Assistance Program, claiming that the defendant's policies and actions violated their rights.

The complaint alleged that the State's policy of using a means test (which considers the statewide median income to determine whether a child is eligible for an Adoption Assistance payment) on the adoptive family arbitrarily and unilaterally reduced such payments based on the adoptive parents' income, and that the state violated federal law by imposing unlawful restrictions on the availability of funds that support families adopting foster children.

According to information on the plaintiff's website, the State filed a complaint to join the federal Department of Health and Human Services (HHS) as a third-party defendant on February 20, 1998. HHS responded to the parties' cross motions for summary judgment by stating that the means test used by the state was prohibited by federal statute.

On September 17, 1999, the parties agreed upon a Stipulated Judgment. The Stipulated Judgment stated that the state agrees:

  • to cease the usage of the means test (including the use of statewide median income to determine payment amounts)

  • to cease reducing payments without the agreement of adoptive parents based on the adoptive parents' income or for any reason other than the child's ineligibility because of age

  • to cease informing prospective adoptive families that eligibility for adoption assistance is based on the income and financial resources of the adoptive parents

  • that the amount of an adoption assistance cash benefit will be negotiated based on the child's needs and the family's circumstances (the family's ability to incorporate the child in to the household in relation to its standard of living and future plans)

  • that once an AAP agreement has been signed, the adoptive parents will continue to receive benefits unless the department determines otherwise, the adoptive parents demonstrate a need for an increased (or decreased) payment, the adoptive parents voluntarily reduce or terminate payments, or the adopted child has an extraordinary need not anticipated at the time the amount was originally negotiated

  • that the state pay attorneys' fees and costs.

On November 1, 1999, the court signed off on the Stipulated Judgment.

Summary Authors

Alice Liu (10/25/2012)

People


Judge(s)

Drozd, Dale Alan (California)

Karlton, Lawrence K. (California)

Attorneys(s) for Plaintiff

Lockyer, Bill (California)

Ramiu, Maria Felisa (California)

Shauffer, Carole B. (California)

Wilber, Shannan l. (California)

Attorneys(s) for Defendant

Furtek, Frank S. (California)

Jeandheur, Carole (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Underwood, Susan Patricia (California)

Judge(s)

Drozd, Dale Alan (California)

Karlton, Lawrence K. (California)

Attorneys(s) for Plaintiff

Lockyer, Bill (California)

Ramiu, Maria Felisa (California)

Shauffer, Carole B. (California)

Wilber, Shannan l. (California)

Attorneys(s) for Defendant

Furtek, Frank S. (California)

Jeandheur, Carole (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Underwood, Susan Patricia (California)

Documents in the Clearinghouse

Document

2:98-cv-00041

Docket [PACER]

A v. Wilson

Nov. 2, 1999

Nov. 2, 1999

Docket
105

2:98-cv-00041

Stipulated Judgment

A. v. Wilson

Sept. 17, 1999

Sept. 17, 1999

Order/Opinion

Resources

Docket

Last updated June 3, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for civil rights, fee status paid, receipt # 182758, assigned to Honorable Lawrence K. Karlton referred to Magistrate Judge Dale A. Drozd (old) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

LODGED Motion for appointment of guardian ad litem by plaintiff (old) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

LODGED Motion to prceed in pseudonym by plaintiff (old) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

2

MEMORANDUM by plaintiff in support of motion to proceed in pseudonym [0−0] (old) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

3

ORDER setting scheduling conference for 1:30pm on 5/26/98 before Honorable Lawrence K Karlton (cc: all counsel) (old) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

4

PROOF OF SERVICE by plaintiff of [3−1], [2−1], [0−0], [0−0], [1−1] (old) (Entered: 01/13/1998)

Jan. 12, 1998

Jan. 12, 1998

LODGED Document lodged [0−0] VACATED (Motion for appointment of guardian ad litem) (old) (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

5

ORDER by Honorable Lawrence K. Karlton ORDERING: That Alice Bussiere is appointed Guardian ad Litem for each plaintiff; plaintiff's motion to proceed in pseudonym is Granted (cc: all counsel) (old) (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

6

MOTION to dismiss case by defendants Pete Wilson, Eloise Anderson, CA Dept of Social motion TO BE HEARD by Honorable Lawrence K. Karlton 10:00 3/23/98 (kdc) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

7

ANSWER by defendants (kdc) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

LODGED order dismissing parties (old) (Entered: 02/13/1998)

Feb. 11, 1998

Feb. 11, 1998

8

MEMORANDUM by defendant Pete Wilson in support of state defendants' motion to dismiss [6−1] (old) (Entered: 02/13/1998)

Feb. 13, 1998

Feb. 13, 1998

9

THIRD−PARTY COMPLAINT by Pete Wilson, Eloise Anderson and CA Dept of Social naming Donna E Shalala as third party dft (dd) (Entered: 02/24/1998)

Feb. 20, 1998

Feb. 20, 1998

10

REMARK: Summons issued as to third party dft Shalala (dd) (Entered: 02/24/1998)

Feb. 20, 1998

Feb. 20, 1998

11

MEMORANDUM IN OPPOSITION by plaintiffs to motion to dismiss case by defendants Pete Wilson, Eloise Anderson, CA Dept of Social [6−1] (old) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

12

REPLY BRIEF by defendants Pete Wilson, Eloise Anderson, and CA Dept of Social in support of [6−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

13

DECLARATION of Kelly E Le Bel in support of [12−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

14

DECLARATION of Michael Waterhouse in support of [12−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

15

DECLARATION of Marcella Chiavetta in support of [12−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

16

DECLARATION of Carolyn O'Neal in support of [12−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

18

DECLARATION of Barbara Matthews in support of [12−1] (old) (Entered: 03/18/1998)

March 16, 1998

March 16, 1998

Text not available. (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

19

PROOF OF SERVICE by Pete Wilson, Eloise Anderson, CA Dept of Social of [18−1], [17−1], [16−1], [15−1], [14−1], [13−1], [12−1] (old) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

20

PROOF OF SERVICE by defendants Pete Wilson, Eloise Anderson, CA Dept of Social of Pretrial Scheduling Order [3−1], Counsel Identification Notice, Consent to Magistrate and Appeal Option, Notice of ENE (old) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

21

NOTICE by defendant Pete Wilson, Dept of Social Services regarding original signature page of the declaration of Carolyn O'Neal [16−1] (old) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

23

MINUTES before Honorable Lawrence K. Karlton: motion to dismiss case by defendants Pete Wilson, Eloise Anderson, CA Dept of Social Services [6−1] SUBMITTED; C/R Cathie Bodene (dd) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

LODGED proposed order re dismissal of complaint with respect to pltfs NOT USED (dd) (Entered: 03/25/1998)

March 25, 1998

March 25, 1998

22

ORDER by Honorable Lawrence K. Karlton ORDERING motion to dismiss case by defendants Pete Wilson, Eloise Anderson, CA Dept of Social [6−1] DENIED without prejudice to renewal; not later than 20 days from the date of this order; pltfs are directed to show cause why Ms Bussiere satisfies the standards for appointment as Guardian ad Litem or to indicate to the court that pltfs will substitute an appropriate Guardian ad Litem as soon as is practicable (cc: all counsel) (ch) (Entered: 03/25/1998)

March 25, 1998

March 25, 1998

24

AFFIDAVIT of Nina A in opposition to dfts' motion to dismiss Mark A and Zachary A (dd) (Entered: 03/30/1998)

March 26, 1998

March 26, 1998

25

AFFIDAVIT of Maria Ramiu in support of filing post−hearing affidavit in opposition to dfts' motion to dismiss (dd) (Entered: 03/30/1998)

March 26, 1998

March 26, 1998

26

RETURN OF SERVICE executed on 3/24/98 (old) (Entered: 03/31/1998)

March 27, 1998

March 27, 1998

27

SUPPLMENTAL ANSWER to the complaint after ruling on 12(b) Motion by defendants (ndd) (Entered: 04/13/1998)

April 10, 1998

April 10, 1998

28

RESPONSE by plaintiff to order to show cause why Guardian Ad Litem is appropriate (ch) (Entered: 04/14/1998)

April 14, 1998

April 14, 1998

LODGED unopposed motion for extension of time and proposed order by defendant (ch) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

LODGED unopposed motion for extension of time to 5/15/98 to respond the the third party complaint by third−party defendant Donna E Shalala (old) (Entered: 04/22/1998)

April 22, 1998

April 22, 1998

29

RESPONSE by dft Pete Wilson, Eloise Anderson, CA Dept of Social re guardian ad litem [28−1] (ljr) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

30

ORDER by Honorable Lawrence K. Karlton ORDERING that dft Shalala shall have up to and including 5/15/98 to file her response to the third party complaint (cc: all counsel) (ndd) (Entered: 04/28/1998)

April 28, 1998

April 28, 1998

31

ORDER by Honorable Lawrence K. Karlton ORDERING the OSC id DISCHARGED and the order filed 1/15/98 appointing Ms Bussiere as guardian ad litem is CONFIRMED [5−1] (cc: all counsel) (ljr) (Entered: 05/07/1998)

May 7, 1998

May 7, 1998

32

LETTER to court from counsel Robin Bishop advising court of correct address (kdc) (Entered: 05/13/1998)

May 11, 1998

May 11, 1998

34

ANSWER by third−party defendant Donna E Shalala (kdc) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

35

PRETRIAL SCHEDULING CONFERENCE STATUS REPORT by plaintiffs (kdc) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

LODGED request for attorney substitution by third−party defendant Donna E Shalala (kdc) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

36

TRANSCRIPT of 3/23/98 hearing on motion to dismiss by C/R Cathie Bodene (old) (Entered: 05/22/1998)

May 20, 1998

May 20, 1998

37

Third party dft's STATUS REPORT by Donna E Shalala (ndd) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

38

MINUTES of Status Conference before Honorable Lawrence K. Karlton scheduling conference held on 5/26/98 pretrial conference set for 1:30 8/30/99; jury trial set for 10:00 11/2/99 ; court order to follow (ndd) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

39

PRE TRIAL SCHEDULING ORDER by Honorable Lawrence K. Karlton ORDERING pretrial conference set for 1:30 8/30/99; trial set for 10:00 11/2/99; jury trial held on 5/28/98; motion filing ddl set for 5/26/99; discovery ddl set for 3/26/99 (cc: all counsel) (old) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

40

ORDER by Honorable Lawrence K. Karlton ORDERING withdrawing attorney Sheila M Lieber for Donna E Shalala and substituting attorney Carole Jeandheur (cc: all counsel) (ndd) (Entered: 06/01/1998)

June 1, 1998

June 1, 1998

LODGED first amended complaint by plaintiff (ch) (Entered: 06/29/1998)

June 25, 1998

June 25, 1998

LODGED Motion for appointment of Guardian Ad Litem for pltf Megan F; Bonita G; Barbara G and Nathan H by plaintiff (ch) (Entered: 06/29/1998)

June 25, 1998

June 25, 1998

41

ORDER by Honorable Lawrence K. Karlton ORDERING that John F be appointed Guardian Ad Litem for Megan F, Sylvia H be appointed for Nathan H, and Alice Bussiere be appointed for Bonita and Barbara G (cc: all counsel) (ndd) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

42

FIRST AMENDED COMPLAINT [1−1] by plts Mark A, Zachary A, Rick B, Kristie B, John B, Charles D, Jimmy C (ndd) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

43

ORDER by Honorable Lawrence K. Karlton ORDERING the complaint [42−1] is approved as filed (cc: all counsel) (ndd) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

44

ANSWER to first amended complaint by dfts Pete Wilson, Eloise Anderson &CA Dept of Social (old) (Entered: 07/20/1998)

July 17, 1998

July 17, 1998

45

MOTION to dismiss for lack of jurisdiction by third−party defendant Donna E Shalala (as) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

46

MEMORANDUM OF POINTS AND AUTHORITIES by third−party defendant Donna E Shalala in support of motion to dismiss [45−1] (as) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

LODGED order by third−party defendant Donna E Shalala (as) (Entered: 08/25/1998)

Aug. 25, 1998

Aug. 25, 1998

47

NOTICE OF MOTION AND MOTION to dismiss by third−party defendant Motion Hearing Set for 11/2/98 at 10:00 (ch) (Entered: 09/08/1998)

Sept. 4, 1998

Sept. 4, 1998

LODGED Document VACATED filed on 8/25/98 (kdc) (Entered: 09/09/1998)

Sept. 9, 1998

Sept. 9, 1998

48

AMENDED NOTICE of Hearing by third−party defendant Shalala on motion to dismiss [47−1] HEARING SET FOR 10:00 11/23/98 () (ndd) (Entered: 10/07/1998)

Oct. 6, 1998

Oct. 6, 1998

49

MEMORANDUM OF POINTS AND AUTHORITIES in support of plts' Motion for certification of class (ndd) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

51

DECLARATION of Carole Shauffer in support of plts' motion for class certification (ndd) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

52

DECLARATION of Maria Ramiu in support of plts' motion for class certification (ndd) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

53

NOTICE by Mark A, Zachary A, Rick B, Kristie B, John B, Charles D regarding motion for class certification (pb) (Entered: 10/29/1998)

Oct. 28, 1998

Oct. 28, 1998

54

Plts' Statement of Non−Oppositioin to third party motion to dismiss [47−1] (ndd) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

55

Dfts' and third party pltfs' opposition to motion to dismiss by third−party defendant [47−1], to motion to dismiss for lack of jurisdiction by third−party defendant Donna E Shalala [45−1] (as) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

56

RESPONSE by third−party defendant Donna E Shalala in support to motion to dismiss by third−party defendant [47−1] (pb) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

59

MINUTES of dft's motion to dismiss before Honorable Lawrence K. Karlton: briefs to be filed by state and Federal 30 days, state reply 15 days later, hearing on motion to dismiss continued to 3/22/99; the hearing 12/14/98 hering on class certification is stayed; C/R C Bodene (ndd) (Entered: 11/23/1998)

Nov. 17, 1998

Nov. 17, 1998

57

ORDER by Honorable Lawrence K. Karlton ORDERING that the oral argument on the motion [47−1] is scheduled for 10:00 11/23/98; in addition to the arguments addressed in the parties' briefs, the court hereby ORDERS the parties to address at oral argument the question of whether Health and Human Services is a necessary party under FRCP 19 (cc: all counsel) (ndd) (Entered: 11/19/1998)

Nov. 19, 1998

Nov. 19, 1998

58

ORDER by Honorable Lawrence K. Karlton ORDERING that dfts shall submit a brief 30 days from the date of this order; plts and the federal gov't shall submit their briefs 30 days thereafter; dfts may close 10 days thereafter; further oral argument SET FOR 10:00 3/22/98; the court also continue oral argument on plts' motion for class certification to 3/22/98 (cc: all counsel) (ndd) (Entered: 11/23/1998)

Nov. 23, 1998

Nov. 23, 1998

60

LETTER to court from counsel for dfts requesting the court's order [58−1] be revised to conform the oral order at the hearing (ndd) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

61

ORDER by Honorable Lawrence K. Karlton ORDERING that upon dfts' request [60−1], dfts shall have 15 days after plts' deadline to file an opposition brief in which to file their closing brief (cc: all counsel) (ndd) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

62

DFTS/THIRD PARTY PLTS' MEMORANDUM re Federal Rule 19 (ndd) (Entered: 12/24/1998)

Dec. 24, 1998

Dec. 24, 1998

63

PLT'S MEMORANDUM re Federal Rule 19 (ndd) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

64

Third Party dft's OPPOSITION to 3rdpty plts' Memorandum re Federal Rule 19 [62−1] (ndd) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

65

DFTS/3dplt CLOSING Memorandum regarding Federal Rule 19 [62−1] (ndd) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

66

Memorandum of points and authorities by dfts and third−party plaintiffs in opposition to pltfs' motion to certify class (as) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

67

DECLARATION of John Mannings in support of opposition to pltfs' motion to certify class [66−1] (as) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

68

DECLARATION of Bergen Filgas in support of opposition to pltfs' motion to certify class [66−1] (as) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

69

DECLARATION of Karen Morones in support of opposition to pltfs' motion to certify class [66−1] (as) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

71

DECLARATION of Barbara Eaton in support of opposition to pltfs' motion to certify class [66−1] (as) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

72

DFTS' MID−LITIGATION STATEMENT (ndd) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

73

PLTS' REPLY to dfts' opposition to plts' motion to certify class (ndd) (Entered: 03/16/1999)

March 15, 1999

March 15, 1999

74

Plts' Mid−Litigatioin STATEMENT (ndd) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

75

MINUTES of plt's motion for class certification and Rule 19 Oral Argument before Honorable Lawrence K. Karlton: motion submitted; C/R C Boden (ndd) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

76

ORDER by Honorable Lawrence K. Karlton ORDERING motion to dismiss by third−party defendant [47−1] DENIED (cc: all counsel) (ndd) (Entered: 04/13/1999)

April 13, 1999

April 13, 1999

77

NOTICE OF MOTION AND MOTION for summary judgment by dfts Eloise Anderson, Pete Wilson ; Memorandum of Points and Authorities in support; motion TO BE HEARD by Honorable Lawrence K. Karlton ; Motion Hearing Set For 5/24/99 (ndd) Modified on 04/26/1999 (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

78

DFTS 'STATEMENT of Undisputed Facts in support of Motion for summary judgment [77−1] (ndd) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

79

DECLARATION of Maria Barriga in support of dfts' Motion for summary judgment [77−1] (ndd) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

80

PROOF OF SERVICE by defendants of [79−1] (ndd) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

81

NOTICE OF MOTION AND MOTION for summary adjudication by plaintiffs motion TO BE HEARD by Honorable Lawrence K. Karlton ; Motion Hearing For 5/24/99 10:00am (ndd) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

82

MEMORANDUM OF POINTS AND AUTHORITIES in support of plts' Motion for summary adjudication [81−1] (ndd) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

83

STATEMENT of Undisputed Facts in support of plts' Motion for summary adjudication [81−1] (ndd) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

84

OPPOSITION by defendants to motion for summary adjudication by plaintiffs [81−1] (ndd) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

85

RESPONSE by defendants to plts' Statement of Undisputed Facts [83−1] (ndd) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

86

SUPPLEMENTAL DECLARATION of Maria Barriga in support of Opposition to plts' motion for summary adjudication [84−1] (ndd) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

87

UNOPPOSED MOTION for continuance by 3dft Donna E Shalala motion TO BE HEARD by Honorable Lawrence K. Karlton (ndd) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

89

LETTER to court from counsel Carole Jeandheur re third−party dft's unopposed request for additional time to respond to pltfs' and dfts' cross−motions for summary judgment (dd) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

LODGED proposed order re continuance to file response to pltfs' and dfts' cross−motions for summary judgment (dd) (Entered: 05/11/1999)

May 10, 1999

May 10, 1999

LODGED Document Proposed order granting dft's Unopposed Motion for Continuance lodged [0−0] VACATED; not to be signed (ndd) (Entered: 05/12/1999)

May 10, 1999

May 10, 1999

88

ORDER by Honorable Lawrence K. Karlton ORDERING that the court continues hearing on the cross−motions [81−1][77−1] to 8/16/99 10:00am; all oppositions to the motions are due no later than 7/12/99; replies are due 7/26/99; the court modifies the scheduling order by extending the law and motion cut−off date to 8/16/99 ; the Pretrial Conference previously set for 8/30/99 is VACATED (cc: all counsel) (ndd) (Entered: 05/11/1999)

May 11, 1999

May 11, 1999

Case Details

State / Territory: California

Case Type(s):

Child Welfare

Key Dates

Filing Date: Jan. 8, 1998

Closing Date: Nov. 2, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are foster and adopted children eligible for California's Adoption Assistance Program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

California Department of Social Services, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 1999

Issues

General:

Adoption

Foster care (benefits, training)

Funding

Juveniles

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Affected Gender:

Female

Male

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act