Benn

A nonprofit corporation which provided foster family agency and group home foster care services for dependent minors of the juvenile court brought a civil rights action for damages under 42 United States Code section 1983 against the County of Los Angeles (County). The corporation’s complaint alleged, among other claims, the County violated its procedural and substantive due process rights by placing all of its facilities on “Do Not Refer” status without adequate notice, hearing, or an opportunity to cure the alleged deficiencies. The trial court found as a matter of law the federal Adoption Assistance and Child Welfare Act of 1980 ( 42 U.S.C. § 1305 et seq.) did not create, rights enforceable in a 42 United States Code section 1983 action. The court further found the corporation’s contracts were terminable at the convenience of the County and thus created no constitutionally protected property interest. Finally, the court found the County’s act of placing all the corporation’s facilities on “Do Not Refer” status was neither arbitrary nor capricious. As an alternative and independent ground the court found the County was protected from liability by the doctrine of…