Midwest Foster Care & Adoption Ass'n v. Kincade

I respectfully dissent from the majority’s holding that the CWA provisions at issue do not confer upon the Providers “a privately enforceable right under 42 U.S.C.

§ 1983 to receive payments from the State sufficient to cover the cost of certain statutorily enumerated components of foster care.” Consistent with the majority of courts to have addressed the issue, I would “hold that §§ 672(a) and 675(4)(A) of the [CWA] establish a presumptively enforceable right under § 1983 to foster care maintenance payments from the State that cover the cost of the expenses enumerated in § 675(4)(A).” Wagner,…