Asw

Plaintiffs are parents of adopted children with special needs who receive adoption assistance payments from the State of Oregon. They appeal the district court’s dismissal of their class action lawsuit under 42 U.S.C. § 1983 , which alleged several violations of their statutory rights under the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620 et seq. (the “Act”), as well as their right to due process prior to reduction of their adoption assistance payments. Defendants, the State of Oregon and the Director of the Oregon Department of Human Services (together, “Oregon” or the “State”), moved to dismiss the action asserting that Plaintiffs failed to state a claim as a matter of law. The district court granted the State’s motion. Because we conclude 42 U.S.C. §§ 671 (a)(12) and 673(a)(3) create federal rights enforceable through a § 1983 cause of action, we reverse.

I. BACKGROUND

The Adoption Assistance and Child Welfare Act of 1980 established a program of federal payments to participating states to provide funds for financial assistance to aid families adopting special needs children out of foster care. 42 U.S.C. §§ 670-76 . The State of Oregon accepts funds…