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Sheila J. Poole, Commissioner, New York State Office of Children and Family Services v. New York State Citizens' Coalition for Children

Paid petition · United States Court of Appeals for the Second Circuit, No. 14-2919 · judgment April 19, 2019

Certiorari denied · January 27, 2020
Pre-decision estimate: 40% cert probability (95% interval 28%–52%)

Before the decision, about 9.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Second Circuit decision below, and a circuit split argued in the petition.

Question presented

The Adoption Assistance and Child Welfare Act of 1980 (CWA) delegates to the federal Department of Health and Human Services the authority to approve partial federal reimbursements to States that make certain foster care maintenance payments to foster parents. The question presented is: Whether the CWA’s criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel States to cover the costs of all of the eligible expenses for eligible children identified in the CWA.

Counsel of record

For petitioner
Barbara Dale Underwood
Solicitor General

For respondent
Brian Robert Matsui
Morrison & Foerster LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 27 2020
    Petition DENIED.
  2. Jan 09 2020
    Reply of petitioner Sheila Poole filed. (Distributed)
  3. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  4. Jan 02 2020
    Brief of respondent New York State Citizens' Coalition for Children in opposition filed.
  5. Jan 02 2020
    Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
  6. Dec 02 2019
    Brief amicus curiae of State of Connecticut filed.
  7. Nov 22 2019
    Response to motion for an extension of time from petitioner Sheila Poole filed.
  8. Nov 22 2019
    Reply in support of motion filed.
  9. Nov 22 2019
    Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2020.
  10. Nov 21 2019
    Motion to extend the time to file a response from December 2, 2019 to January 2, 2020, submitted to The Clerk.
  11. Oct 30 2019
    Petition for a writ of certiorari filed. (Response due December 2, 2019)