December 14, 2009

Federal Ninth Court of Appeals Ruling in California Alliance of Child and Family Services vs. Cliff Allenby, et al.

On February 23, 2010, the federal Ninth Court of Appeals ordered the California Department of Social Services (DSS) to increase payments to foster care group homes by 32%. The order said the state must pay the new rate for payments dating to December 14, 2009, when the appeals court issued its ruling. In the ruling, the court said the state must cover the full cost of care, not just part to meet the requirements of the federal Child Welfare Act. The ruling applies to children who are federally eligible and to those who are not. In its ruling, the Appeals court said the phrasing used in the Act "cover the cost" means to pay in full, not in part.