Shalala
California v. Shalala
Opinion
Lead Opinion
The California Department of Social Services (“CDSS”) seeks review of a decision of the Secretary of Health and Human Services (“HHS”) disapproving CDSS’s amendment to its AFDC Foster Care Program State Plan. The Foster Care Program, set forth in Title IV-E of the Social Security Act, 42 U.S.C. § 670 et séq., provides federal matching funds for states that operate foster care plans in compliance with the Act’s provisions. CDSS amended its plan to comply with a state court decision interpreting 42 U.S.C. § 672 (a). See Capitola Land v. Anderson, 55 Cal.App.4th 69 , 63 Cal.Rptr.2d 717 (Cal.Ct.App.1997). HHS took a different interpretation of section 672(a) and therefore disapproved the amendment. We find that we have no jurisdiction to hear CDSS’s petition.
Both parties concede that there is no statutory provision conferring jurisdiction on this court to review the Secretary’s determina *1020 tions regarding state plan amendments under Title IV-E. 42 U.S.C. § 1316 (b) does give the Courts of Appeals jurisdiction to review similar determinations made under Titles I, X, XIV, XVI, and XIX of the Social Security Act. The Foster Care Program, Title IV-E, was established after the…