D.O. v. Vickie Glisson

OPINION

COOK, Circuit Judge.

The federal Child Welfare Act (“the Act”) specifies that “[e]aeh State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative ... into foster care.” 42 U.S.C. § 672(a). This appeal asks whether the Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. § 1983. We find that it does, and therefore reverse the district court’s contrary decision.

I

In 2012, Kentucky’s Health and Family Services commenced a Dependency,…