In Re Social Services Payment Cases

Plaintiffs and appellants, a proposed class of individuals representing developmentally disabled foster children and their foster families throughout California, appeal from a judgment entered following the trial court’s order sustaining a demurrer without leave to amend filed by defendants and respondents the State Department of Social Services and its director, John A. Wagner (collectively the DSS). Appellants sought reimbursement of additional foster care benefits allegedly available for the children. The trial court ruled that appellants failed to state a claim, as the additional rates are available only to facilities that have been “vendorized,” or approved to provide the services and supports a developmentally disabled child has been assessed to need, and appellants failed to allege they could meet this requirement.

We affirm. The language of the statutory and regulatory scheme governing developmentally disabled foster children and the policy considerations underlying that scheme require that the facilities into which developmentally disabled foster children are placed be vendorized in order to receive the additional rates referenced in Welfare and Institutions…