Allenby

California Alliance of Child & Family Services v. Allenby

Good Law
42 A.L.R. Fed. 2d 727·459 F. Supp. 2d 919·2006 WL 3068879·2006 U.S. Dist. LEXIS 81421
United States District Court, Northern District of CaliforniaOctober 27, 2006C 06-04095 MHPCalifornia2,789 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

On June 30, 2006 plaintiff California Afiance of Child and Family Services (“California Afiance”) filed a complaint against Cliff Alenby, Interim Director of the California Department of Social Services (“DSS”), in his official capacity and Mary Ault, Deputy Director of the Children and Family Services Division of DSS (“CFS”), in her official capacity, alleging that defendants violated the foster care provider reimbursement provisions of the Child Welfare Act (“CWA”), 42 U.S.C. §§ 670 -679b. Now before the court is defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

BACKGROUND

Plaintiff California Afiance is a nonprofit organization that represents the interests of group homes that provide for the care and supervision of foster children. California Afiance includes approximately 150 non-profit agencies that provide foster care services, 130 of which operate one or more group homes. Defendant Alenby, as the Interim Director of the California Department of Social Services, is responsible for the administration of the CWA as it relates to programs provided in California. Alenby’s responsibilities include…

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