District of New Hampshire

B.K. v. Dep’t of Health & Human Servs., 814 F.Supp.2d 59 (D.N.H. 2011). In case involving Hindu children in foster care who were given beef to eat and taken to church contrary to their religion, defendant agency’s motion to dismiss was granted because federal child welfare statute did not contain a right to private action. Though state must have a plan for diligent recruitment of foster homes that meet the racial and ethnic needs of children in their care, the statute does not show an intent by Congress to create an enforceable individual right.