D.O. v. Glisson, 846 F.3d 374 (6th Cir. 2017), cert. denied, 138 S.Ct. 316 (2017)
Jan 27, 2017OUTCOME: WON. The Sixth Circuit Court of Appeals unanimously held that Title IV-E of the Social Security Act, 42 U.S.C. § 670 et. seq., confers an individual right to foster-care maintenance payments that is enforceable by bringing suit under 42 U.S.C. § 1983.
Mr. Dawahare was the GAL (Guardian ad Litem) for two brothers in a DNA (Dependency, Neglect and Abuse) action. Kentucky's Cabinet for Health and Family Services located a great-aunt who agreed to beco ... me the boys' relative foster parent. The Cabinet approved her home, but she determined that without any assistance she could not afford to take both boys. Thus, the boys were separated. To correct this injustice Mr. Dawahare filed a lawsuit for the same Foster Care Maintenance Payments that federal law guarantees for all such abused and neglected children in foster care. Kentucky and other states were not paying approved relatives, only licensed non-relatives even though federal law mandates payments to relatives.
