District of Rhode Island

Sam M. v. Chafee, 800 F.Supp.2d 363(D. R.I. 2011).  In class action on behalf of children in foster care where the class representatives alleged they were placed in inadequate placements, defendant’s motion to dismiss was denied as to claim that case plans should have contained specific documentation, including child- specific recruitment efforts and adequate foster care maintenance payments. In contrast with some state plan requirements, these provisions of the federal child welfare statute contained benefits that were specific enough to show a Congressional intent to create a benefit to individuals and a thus a right to individual action.