Shalala
California, Department of Social Services v. Shalala
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
Defendant Secretary of Health and Human Services Donna Shalala (“the Secretary” or “HHS”) moves this court for an order dismissing this action pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that plaintiff, the California Department of Social Services (“DSS”), fails to state a claim upon which relief may be granted. The DSS, intervenor Enedina Rosales (“Intervenor”) and amicus curiae American Association of Retired Persons (“AARP”) filed briefs in opposition to the Secretary’s motion.
Also before the court is the Intervenor’s motion for summary judgment. The DSS joins in the Intervenor’s motion.
For the reasons stated below, the court GRANTS the Secretary’s motion to dismiss and DENIES the motion of Interve-nor and DSS for summary judgment.
FACTUAL AND PROCEDURAL BACKGROUND
This case concerns eligibility for benefits under the federal-state Aid to Families with Dependent Children-Foster Care Program (“AFDC-FC”). The AFDC-FC Program, enacted as Title IV-E of the Social Security Act, provides funds to assist with certain costs of foster care for dependent children. See 42 U.S.C. §§ 672 , 674, 675(4)(A). The program is jointly funded by…