Free Declaration in Support - District Court of California - California

Case 3:07-cv-05086-WHA

Document 68

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) 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) 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Plaintiffs

15 16 17 18 19 20 21 22 23 24 25 26 Defendants. 27 28
DECLARATION OF KIMBERLY N. VAN VOORHIS ISO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT pa-1280086

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION California State Foster Parent Association, California State Care Providers Association, and Legal Advocates for Permanent Parenting, Plaintiffs, v. 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, Case No. C 07-5086 WHA DECLARATION OF KIMBERLY N. VAN VOORHIS IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: October 9, 2008 Time: 8:00 a.m. Place: Courtroom 9, 19th Floor Judge: Honorable William H. Alsup

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I, Kimberly N. Van Voorhis, hereby declare: 1. I am a partner in the law firm of Morrison & Foerster LLP, counsel of record for

Plaintiffs. I have personal knowledge of all the facts contained herein and, if called to testify, could and would competently testify thereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

Deposition of Sheilah Dupuy, taken March 4, 2008. 3. Attached hereto as Exhibit 2 is a true and correct copy of Child Care and

Development Fund Plan for FFY 2006-2007, bearing bates numbers FP000455 ­ 540. 4. Attached hereto as Exhibit 3 is a true and correct copy of All County Letter No.

08-01, dated January 17, 2008. 5. Attached hereto as Exhibit 4 is a true and correct copy of a May 2007 report

prepared by the Children's Advocacy Institute, titled They Deserve a Family, bearing Bates No. FP000001 ­ 28. 6. Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the

Deposition of Glenn Freitas, taken May 8, 2008. 7. Attached hereto as Exhibit 6 is a true and correct copy of an October 2007 report

prepared by Children's Right, National Foster Parent Association and the University of Maryland School of Social Work, titled Hitting the M.A.R.C. Establishing Foster Care Minimum Adequate Rates for Children, bearing bates numbers FP000029 ­ 86. A copy of this document is also attached as Exhibit B to the Declaration of Diane Depanfilis, submitted concurrently herewith, but for the Court's convenience, we have attached the Exhibit to this declaration as well. 8. Attached hereto as Exhibit 7 is a true and correct copy of a chart prepared by the

University of California Berkeley Center for Social Services Research regarding Distance from Home Address for 2006, accessed September 2, 2008. 9. Attached hereto as Exhibit 8 is a true and correct copy of Defendants' Rule 26

Initial Disclosures, dated January 9, 2008. 10. Attached hereto as Exhibit 9 is a true and correct copy of Defendants' Rule 26

Initial Disclosures, Supplemental Set, dated January 31, 2008.
DECLARATION OF KIMBERLY N. VAN VOORHIS ISO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT pa-1280086

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11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the

Deposition of Patricia Aguiar, taken April 28, 2008. 12. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the

Deposition of Wesley Beers, taken April 16, 2008. 13. Attached hereto as Exhibit 12 is a true and correct copy of a chart prepared by the

University of California Berkeley Center for Social Services Research regarding Child Welfare Supervised Foster Home Placements for 2007. 14. Attached hereto as Exhibit 13 is a true and correct copy of a chart prepared by the

University of California Berkeley Center for Social Services Research regarding Child Welfare Supervised Foster Home Placements for 2000. 15. Attached hereto as Exhibit 14 is a true and correct copy of Defendants' Opposition

to Plaintiff's Motion for Summary Judgment filed as Docket No. 38 in California Alliance of Child and Family Services v. Allenby, Case No. C 06-4095 MHP, dated September 4, 2007. 16. Attached hereto as Exhibit 15 is a true and correct copy of Foster Parents' First Set

of Requests for Admissions to Defendants, dated June 12, 2008. Plaintiffs never received any objections or response to these Requests for Admission. 17. Attached hereto as Exhibit 16 is a true and correct copy of an email from George

Prince to me, dated June 13, 2008. 18. Attached hereto as Exhibit 17 is a true and correct copy of Foster Parents' Second

Set of Interrogatories to Defendants, which were hand-delivered to Defendants' counsel on July 9, 2008. Plaintiffs never received any objections or response to these Interrogatories. 19. Attached hereto as Exhibit 18 is a true and correct copy of Title 42 of the U.S.

Code §§ 671-675. 20. Attached hereto as Exhibit 19 is a true and correct copy of 45 C.F.R. §§ 233.110,

1355.21, 1355.34, 1355.36, 1356.21. // // //
DECLARATION OF KIMBERLY N. VAN VOORHIS ISO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT pa-1280086

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21.

Attached hereto as Exhibit 20 is a true and correct copy of Cal. Welf. & Inst. Code

§§ 11229, 11460-62. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 11, 2008 in Palo Alto, California.

/s/ Kimberly N. Van Voorhis Kimberly N. Van Voorhis

DECLARATION OF KIMBERLY N. VAN VOORHIS ISO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT pa-1280086

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