Marion P. Morris, O/b/o Linda G. Morris v. Elliot L. Richardson, Secretary of Health, Education and Welfare

I would affirm the decision of the District Court on Judge Field’s opinion. Morris v. Richardson, 335 F.Supp. 1178 (S.D.W.Va. April 28, 1971). In the peculiar circumstances here, the regulation seems to me to be unwarrantably restrictive and arbitrary in excluding the adopting court from the statutory phrase “public child-placement agency”. The facts do not justify that interpretation of the statute in order to effectuate its terms.

There was no possibility of abuse of the law because the adoption of this child occurred before the benefits of the legislation were available to her foster…