Scates v. Lumpkin

(Ill. Dept. of Public Health filed June 6, 1995) ; Clearinghouse Number: 50709

Description

Illinois Agency Agrees to Allow Nonparent Caretakers to Apply for WIC Benefits for Children in Their Care

Abstract

The Illinois Department of Public Health (IDPH) has agreed to allow nonparent caretakers to apply for benefits under the Supplemental Food Program for Women, Infants, and Children (WIC) and to allow caretakers to obtain blood tests, which are required for WIC certification, from outside medical sources. Plaintiffs, infants and children whose nonparent caretakers sought to obtain benefits for them under the WIC program, had filed a class action challenging IDPH’s refusal to allow nonparent caretakers to apply for WIC benefits on their behalf. IDPH’s policy required them to become the legal guardians of the children they cared for before they could apply for WIC benefits. Plaintiffs claimed that IDPH’s guardianship rule violated 42 U.S.C. § 1786 and its implementing regulation, 7 C.F.R. § 246. After the court scheduled a hearing on plaintiffs’ motion for a preliminary injunction, the parties met to discuss settlement. IDPH agreed to revise its policy.

Additional Information

Attorney Information
Plaintiff represented by George Bell, Valerie McWilliams, Laurie Mikva, Land of Lincoln Legal Assistance Foundation, 202 W. Hill St., Champaign, IL 61824-1278, (217) 356-1351; Richard Chase.
Docket Date
1995-06-06 00:00:00+00:00