Miller v. Youakim

No. 95-1670 (U.S. June 24, 1996) ; Clearinghouse Number: 15393

Description

Supreme Court Affirms Decision Striking Down Illinois Statute Which Denied AFDC-FC to Children Placed with Relatives

Abstract

The Supreme Court has affirmed a decision which struck down an Illinois statute which denied eligibility for AFDC-Foster Care to children who are entitled to basic AFDC benefits but are placed in the homes of relatives. In administering the program, Illinois distinguished between related and unrelated foster parents, denying benefits to children placed with relatives because the state defined the term "foster family home" as a facility for children unrelated to the operator. The Court concluded that Illinois incorrectly interpreted 42 U.S.C. § 608(a), which provides that to qualify for foster care assistance, the children must be placed in a "foster family home or child-care institution." The Court had vacated an earlier ruling in the case on the basis of an intervening HEW formal interpretation of the scope of the AFDC-FC program. That interpretation concluded that the foster care rate of payment applies regardless of whether or not the foster home is operated by a relative. The district court then ruled that the Illinois program conflicted with the Social Security Act and awarded summary judgment to appellees, a decision unanimously affirmed by the Seventh Circuit. The Court rejected the contention that Congress enacted the Foster Care program solely for the benefit of children not otherwise eligible for categorical assistance. The Court examined the language and legislative history of 42 U.S.C. §608 and concluded that Congress intended to provide care for all dependent children who are removed from their homes pursuant to a judicial determination of neglect. The Court also cited HEW's interpretation, noting that it was fully supported by the statute, its legislative history, and "the common sense observation that all dependent foster children are similarly in need of the protections and monetary benefits afforded by the AFDC-FC program."

Additional Information

Attorney Information
Respondents represented by John Bouman, Poverty Law Project, National Clearinghouse for Legal Services, 205 W. Monroe St., Chicago, IL 60606, (312) 263-3830; Robert Lehrer, Diane Redleaf, Lehrer & Redleaf, 205 W. Monroe St., Chicago, IL 60606, (312) 332-1212; Stacey Platt, Patrick Murphy, Peter Schmiedel.
Docket Date
1996-06-24 00:00:00+00:00