Free Proposed Order - District Court of California - California

Case 3:07-cv-05086-WHA

Document 72

Filed 09/11/2008

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CHILDREN'S ADVOCACY INSTITUTE University of San Diego School of Law Robert C. Fellmeth (CA SBN 49897) Edward Howard (CA SBN 151936) Christina McClurg Riehl (CA SBN 216565) Elisa D'Angelo Weichel (CA SBN 149320) 5998 Alcala Park San Diego, California 92110 Telephone: 619.260.4806 Facsimile: 619.260.4753 [email protected] MORRISON & FOERSTER LLP Kimberly N. Van Voorhis (CA SBN 197486) Marc David Peters (CA SBN 211725) Richard S. Ballinger (CA SBN 223655) 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 MORRISON & FOERSTER LLP Steve Keane (CA SBN 247588) Adrianne E. Marshack (CA SBN 253682) 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Plaintiffs

16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 21 Plaintiffs, 22 v. 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Case No. C 07-5086 WHA pa-1280585

California State Foster Parent Association, California State Care Providers Association, and Legal Advocates for Permanent Parenting,

Case No. C 07-5086 WHA [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: Time: Place: Judge: October 9, 2008 8:00 a.m. Courtroom 9, 19th Floor Honorable William H. Alsup

JOHN A. WAGNER, Director of the California Department of Social Services, in his official capacity; MARY AULT, Deputy Director of the Children and Family Services Division of the California Department of Social Services, in her official capacity, Defendants.

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This matter comes before the Court on Plaintiffs' Motion for Summary Judgment. Having considered the arguments and evidence submitted and for good cause appearing: IT IS HEREBY ORDERED THAT Plaintiffs' motion for summary judgment is GRANTED. IT IS DECLARED THAT Defendants have violated and continue to violate 42 U.S.C. § 672 by failing to pay foster parents the statutory amounts (the costs of (and the costs of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to a child's home for visitation). IT IS FURTHER ORDERED THAT Defendants shall comply with their obligations under 42 U.S.C. § 672 to pay to foster parents amounts sufficient to cover the requisite itemized costs (the costs of (and the costs of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to a child's home for visitation). IT IS FURTHER ORDERED THAT Defendants shall increase monthly per-child payments foster care maintenance payments to foster parents to the amounts stated in the "MARC Report," plus $25 for reasonable travel for home visitation, plus an additional $547 to working parents who enroll the foster child in licensed child care. IT IS FURTHER ORDERED THAT Defendants shall publish, and present to this Court for approval, a new schedule of rates sufficient to cover the statutory itemized costs (the costs of (and the costs of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to a child's home for visitation) with a proposed plan and methodology for future annual review, comment, adjustment, and republication of such rates so that Defendants' payments to foster parents may be expected to cover the statutory expenses in the future.

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Case No. C 07-5086 WHA pa-1280585

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IT IS FURTHER ORDERED THAT Defendants shall pay Plaintiffs' full costs and reasonable attorneys' fees in bringing this action pursuant to 42 U.S.C. § 1988. IT IS SO ORDERED.

WILLIAM H. ALSUP UNITED STATES DISTRICT COURT JUDGE

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Case No. C 07-5086 WHA pa-1280585

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