mkg4583

New York Denied Foster Care Money for Giving Kids to Strangers

In Family Rights on April 3, 2009 at 8:14 pm

U.S. 2nd Circuit Court of Appeals,
February 13, 2009

State of New York v. U.S. Dep’t of Health and Human Servs., No. 073858

In challenge to defendant-Department of Health and Human Services’ determination that the state’s failure in certain cases to comply with the “judicial determination of reasonable efforts” requirements set forth in 45 C.F.R. section 1356.21(b)2) rendered the state ineligible for federal reimbursement of foster care maintenance payments in those cases, dismissal of plaintiff’s action is affirmed where:

1) plaintiff-state’s contention that section 1356.21(b)(2) conflicted with the statute it implemented, 42 U.S.C. section 672(a)(1), was incorrect;

2) section 1356.21(b)(2) required a judicial determination of state compliance with the reasonable child placement efforts set forth in 42 U.S.C. section 671(a)(15) as amended by the 1997 Adoption and Safe Families Act, Pub. L. No. 105-89, section 101(a), 111 Stat. 2115, 2116-17;

3) the plain language of section 672(a)(1) signaled Congress’s intent to incorporate all “reasonable efforts” discussed in section 671(a)(15) into section 672(a)(1); and

4) plaintiff-state’s complaint was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.

http://caselaw.lp.findlaw.com/data2/circs/2nd/073858p.pdf

Appeal from a district court judgment dismissing New York State’s Administrative Procedure Act challenge to defendants’ determination that the state’s failure in certain cases to comply with the “judicial determination of reasonable efforts” requirement set forth in 45 C.F.R. § 1356.21(b)(2) rendered the state ineligible for federal reimbursement of foster care maintenance payments in those cases. New York’s contention that § 1356.21(b)(2) conflicts with the statute it implements, 42 U.S.C. § 672(a)(1), is incorrect. Section 1356.21(b)(2) requires a judicial determination of state compliance with the reasonable child placement efforts set forth in 42 U.S.C. § 671(a)(15) as amended by the 1997 Adoption and Safe Families Act, Pub. L. No. 105-89, § 101(a), 111 Stat. 2115, 2116-17, and the plain language of § 672(a)(1) signals Congress’s intent to incorporate all “reasonable efforts” discussed in § 671(a)(15) into § 672(a)(1). Accordingly, New York’s complaint was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
AFFIRMED.

I think this is saying that New York sued DHHS for payments withheld because they merely didn’t bother to pass the Reasonable Efforts test for receiving the Federal Funding. New York lost. They don’t get the money. 49 states left to go. (Or that would be 56 left to go if you are Obama.) NO STATE IS IN COMPLIANCE TO GET THE MONEY.

There is not even the PRETENSE of

“reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home”– 42 U.S.C. § 671 (a) (15)

Nor is there even the PRETENSE of-

“States shall give preference to an adult relative over a non-related caregiver when determining a placement for a child” –42 U.S.C. 671(a)(18)

The State of NewYork stole children and completely ignored federal law giving preference to an adult relative instead giving the children to strangers instead..

CPS is the very definition of FRAUD.

They do not know what Constitutional Rights or Miranda Rights are, or even the LAWS they have to observe to GET THE MONEY. It’s high time they learn what FRAUD is and what a Capital Crime is for running their malfeasant, officious Color of Law scams and nasty calumnies for Character Assassinations.

CPS are terrorists in a jihad on families. They are absolutely LAWLESS, pathological liars, and Sociopaths. There’s absolutely no reason to believe a word they say, and there’s absolutely no reason they should be allowed to continue running about like diseased rats and cockroaches.

Thanks to Leonard Henderson and the American Family Rights Association for keeping an accurate record of caselaw and Child Abuse cases filed. Visit his website at: http://www.familyrightsassociation.com/

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