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121834P.pdf 04/08/2013 Midwest Foster Care, etc. v. Brian Kincade
U.S. Court of Appeals Case No: 12-1834
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Smith and Beam, Circuit Judges]
Civil case - Adoption Assistance and Child Welfare Act of 1980. In
action brought by foster care providers and two organizations
representing Missouri foster care providers asserting the Act, 42 U.S.C.
Sec. 670 et seq., gave them a privately enforceable right under 42 U.S.C.
Sec. 1983 to receive payments from the State of Missouri sufficient to
cover the costs of certain statutorily enumerated components of foster
care, the district court did not err in finding the provisions plaintiffs
invoked were not privately enforceable. Judge Smith, dissenting.