Hunter v. Gallant

94-30278-MAP (D. Mass. Mar. 7, 1996) ; Clearinghouse Number: 51133

Description

Massachusetts Agrees to Reimburse Caretaker Relatives Whose AFDC Was Terminated When Their Children Were Placed Temporarily in Foster Care

Abstract

The parties have settled this class action challenging the practice of the Massachusetts Department of Public Welfare (DPW) to terminate AFDC when a child is temporarily placed in foster care, even though the parent continues to exercise care and control over the child. Named plaintiff's AFDC benefits were terminated after he voluntarily placed his child in temporary foster care so that he could enter a residential alcohol rehabilitation program. In response to this and two other lawsuits, HHS issued a letter to clarify its interpretation of 42 U.S.C. § 609: Caretaker relatives who continue to meet all other eligibility requirements are eligible to receive AFDC benefits for their own needs, even though their dependent children are temporarily out of the home and receiving foster care payments, so long as the relative continues to exercise care and control of the child in accord with 45 C.F.R. § 233.90 and state regulations on temporary absence and the child is not providing categorical eligibility for another household at the same time. DPW amended its regulations to reflect HHS's clarification and issued a letter to advise local offices of the regulatory change. DPW agreed to identify, notify, and reimburse caretaker relatives whose benefits were terminated between March 1993 and July 1995 based on the former policy. Total retroactive monetary payments are capped at $600,000.

Additional Information

Attorney Information
Plaintiff represented by Patti Prunhuber, Western Massachusetts Legal Services, 20 Hampton Ave., #100, Northampton, MA 01060, (413) 584-4034.
Docket Date
1970-01-01 06:00:00+00:00