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  • Miller v. Yoakim 440 U.S. 125 1979

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    Thalia Sanders
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    The Aid to Families with Dependent Children-Foster Care program (AFDC-FC) authorizes federal financial subsidies for the care and support of children removed from their homes and made wards of the state pursuant to a judicial determination that the homes of the children were not conducive to their welfare. Section 408(a) of the Social Security Act (42 USCS 608(a)) sets forth certain conditions of eligibility for AFDC-FC payments, among which is the requirement that the child be placed in a "foster family home." That term is defined in 408 as "a foster family home for children which is licensed by the state in which it is situated or has been approved ... as meeting the standards for such licensing." In determining AFDC-FC eligibility, the state of Illinois viewed a "foster family home" as a facility for children unrelated to the operator, with the result that foster children living with relatives could not participate in the AFDC-FC program, but were only entitled to aid under the basic AFDC program which provides lower monthly payments to eligible children living with a parent or relative specified in 406(a) of the Social Security Act (42 USCS 606(a)). Four foster children--all of whom had been removed from their mother's home following a judicial determination of neglect and two of whom had been placed by the state in the home of their older sister and her husband--brought a class action under 42 USCS 1983 challenging Illinois' distinction between related and unrelated foster parents as violative of the equal protection clause of the Fourteenth Amendment. Ultimately, the United States District Court for the Northern District of Illinois held that Illinois' denial of AFDC-FC benefits and services to otherwise eligible foster children who lived with relatives conflicted with 401 and 408 of the Social Security Act (42 USCS 601, 608), and that, under the "plain words" of 408, dependent children adjudged to be wards of the state, removed from their homes, and placed in approved foster homes were entitled to AFDC-FC benefits regardless of whether their foster parent was a relative. (431 F Supp 40). The United States Court of Appeals for the Seventh Circuit affirmed (562 F2d 483). On appeal, the United States Supreme Court affirmed. In an opinion by Marshall, J., expressing the views of the eight participating members of the court, it was held that the AFDC-FC program encompassed foster children who, pursuant to a judicial determination of neglect, have been placed in related homes that meet a state's licensing requirements for foster homes, and that it was improper for Illinois to interpret the federal standards for AFDC-FC eligibility set forth in 408(a) to exclude children who, because of placement with related rather than unrelated foster parents, qualified for assistance under the basic AFDC program, the Foster Care program not being enacted solely for the benefit of children not otherwise eligible for categorical assistance, but rather being enacted to meet particular needs of all eligible neglected children whether placed with related or unrelated foster parents. Stevens, J., did not participate. LAWYERS' EDITION HEADNOTES: [***LEdHN1] LAWS §2 AFDC-foster care program --

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    The Aid to Families with Dependent Children-Foster Care program (AFDC-FC) authorizes federal financial subsidies for the care and support of children removed from their homes and made wards of the state pursuant to a judicial determination that the homes of the children were not conducive to their welfare. Section 408(a) of the Social Security Act (42 USCS 608(a)) sets forth certain conditions of eligibility for AFDC-FC payments, among which is the requirement that the child be placed in a "foster family home." That term is defined in 408 as "a foster family home for children which is licensed by the state in which it is situated or has been approved ... as meeting the standards for such licensing." In determining AFDC-FC eligibility, the state of Illinois viewed a "foster family home" as a facility for children unrelated to the operator, with the result that foster children living with relatives could not participate in the AFDC-FC program, but were only entitled to aid under the basic AFDC program which provides lower monthly payments to eligible children living with a parent or relative specified in 406(a) of the Social Security Act (42 USCS 606(a)). Four foster children--all of whom had been removed from their mother's home following a judicial determination of neglect and two of whom had been placed by the state in the home of their older sister and her husband--brought a class action under 42 USCS 1983 challenging Illinois' distinction between related and unrelated foster parents as violative of the equal protection clause of the Fourteenth Amendment. Ultimately, the United States District Court for the Northern District of Illinois held that Illinois' denial of AFDC-FC benefits and services to otherwise eligible foster children who lived with relatives conflicted with 401 and 408 of the Social Security Act (42 USCS 601, 608), and that, under the "plain words" of 408, dependent children adjudged to be wards of the state, removed from their homes, and placed in approved foster homes were entitled to AFDC-FC benefits regardless of whether their foster parent was a relative. (431 F Supp 40). The United States Court of Appeals for the Seventh Circuit affirmed (562 F2d 483). On appeal, the United States Supreme Court affirmed. In an opinion by Marshall, J., expressing the views of the eight participating members of the court, it was held that the AFDC-FC program encompassed foster children who, pursuant to a judicial determination of neglect, have been placed in related homes that meet a state's licensing requirements for foster homes, and that it was improper for Illinois to interpret the federal standards for AFDC-FC eligibility set forth in 408(a) to exclude children who, because of placement with related rather than unrelated foster parents, qualified for assistance under the basic AFDC program, the Foster Care program not being enacted solely for the benefit of children not otherwise eligible for categorical assistance, but rather being enacted to meet particular needs of all eligible neglected children whether placed with related or unrelated foster parents. Stevens, J., did not participate. LAWYERS' EDITION HEADNOTES: [***LEdHN1] LAWS §2 AFDC-foster care program --

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    Miller v. Yoakim 440 U.S. 125 1979

    Uploaded by

    Thalia Sanders
    The Aid to Families with Dependent Children-Foster Care program (AFDC-FC) authorizes federal financial subsidies for the care and support of children removed from their homes and made wards of the state pursuant to a judicial determination that the homes of the children were not conducive to their welfare. Section 408(a) of the Social Security Act (42 USCS 608(a)) sets forth certain conditions of eligibility for AFDC-FC payments, among which is the requirement that the child be placed in a "foster family home." That term is defined in 408 as "a foster family home for children which is licensed by the state in which it is situated or has been approved ... as meeting the standards for such licensing." In determining AFDC-FC eligibility, the state of Illinois viewed a "foster family home" as a facility for children unrelated to the operator, with the result that foster children living with relatives could not participate in the AFDC-FC program, but were only entitled to aid under the basic AFDC program which provides lower monthly payments to eligible children living with a parent or relative specified in 406(a) of the Social Security Act (42 USCS 606(a)). Four foster children--all of whom had been removed from their mother's home following a judicial determination of neglect and two of whom had been placed by the state in the home of their older sister and her husband--brought a class action under 42 USCS 1983 challenging Illinois' distinction between related and unrelated foster parents as violative of the equal protection clause of the Fourteenth Amendment. Ultimately, the United States District Court for the Northern District of Illinois held that Illinois' denial of AFDC-FC benefits and services to otherwise eligible foster children who lived with relatives conflicted with 401 and 408 of the Social Security Act (42 USCS 601, 608), and that, under the "plain words" of 408, dependent children adjudged to be wards of the state, removed from their homes, and placed in approved foster homes were entitled to AFDC-FC benefits regardless of whether their foster parent was a relative. (431 F Supp 40). The United States Court of Appeals for the Seventh Circuit affirmed (562 F2d 483). On appeal, the United States Supreme Court affirmed. In an opinion by Marshall, J., expressing the views of the eight participating members of the court, it was held that the AFDC-FC program encompassed foster children who, pursuant to a judicial determination of neglect, have been placed in related homes that meet a state's licensing requirements for foster homes, and that it was improper for Illinois to interpret the federal standards for AFDC-FC eligibility set forth in 408(a) to exclude children who, because of placement with related rather than unrelated foster parents, qualified for assistance under the basic AFDC program, the Foster Care program not being enacted solely for the benefit of children not otherwise eligible for categorical assistance, but rather being enacted to meet particular needs of all eligible neglected children whether placed with related or unrelated foster parents. Stevens, J., did not participate. LAWYERS' EDITION HEADNOTES: [***LEdHN1] LAWS §2 AFDC-foster care program --

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    1312DN

    Time of Request: Thursday, October 23, 2008 12:08:33 EST


    Client ID/Project Name:
    Number of Lines: 67
    Job Number: 2862:120901867

    Research Information

    Service: Auto-Cite(R) Service


    Print Request: Current Document: 1

    Search Terms: Miller v. Yoakum, 440 U.S. 125 (1979)

    Send to: TERMINAL, 1


    PRINCE GEORGE'S COUNTY CIRCUIT COURT
    14735 MAIN ST RM M 1400
    UPPER MARLBORO, MD 20772
    Page 1

    Auto-Cite(R)Citation Service, (c)2008 LEXIS-NEXIS. All rights reserved.


    Miller v. Yoakum, 440 U.S. 125 (1979) Auto-Cite Signal: Caution--check case
    history

    CITATION YOU ENTERED:

    Miller v. Youakim, 440 U.S. 125, 99 S. Ct. 957, 59 L. Ed. 2d 194, 1979
    U.S. LEXIS 26 (1979) *1

    SUBSEQUENT APPELLATE HISTORY:

    mot. granted, mot. denied, Youakim v. McDonald, 926 F. Supp. 719,


    1995 U.S. Dist. LEXIS 21104 (N.D. Ill. 1995)

    modified, aff'd, Youakim v. McDonald, 71 F.3d 1274, 1995 U.S. App.


    LEXIS 34471 (7th Cir. Ill. 1995)

    reh'g, en banc, denied, Youakim v. McDonald, 1996 U.S. App. LEXIS


    618 (7th Cir. Ill. Jan. 17, 1996)

    and cert. denied, McDonald v. Youakim, 518 U.S. 1028, 116 S. Ct.
    2571, 135 L. Ed. 2d 1087, 1996 U.S. LEXIS 4217, 64 U.S.L.W.
    3855 (1996)

    later proceeding, Youakim v. McDonald, 1996 U.S. Dist. LEXIS


    9693 (N.D. Ill. July 3, 1996)

    mot. denied, Youakim v. McDonald, 171 F.R.D. 224, 1997


    U.S. Dist. LEXIS 1649 (N.D. Ill. 1997)

    PRIOR HISTORY:

    Youakim v. Miller, 374 F. Supp. 1204, 1974 U.S. Dist. LEXIS 12053 (N.D.
    Ill. 1974)

    vacated, Youakim v. Miller, 425 U.S. 231, 96 S. Ct. 1399, 47 L. Ed.


    2d 701, 1976 U.S. LEXIS 34 (1976) *2

    on remand, Youakim v. Miller, 431 F. Supp. 40, 1976 U.S. Dist.


    LEXIS 13909 (N.D. Ill. 1976)

    aff'd, Youakim v. Miller, 562 F.2d 483, 1977 U.S. App. LEXIS
    11391 (7th Cir. Ill. 1977)

    aff'd, (BY CITATION YOU ENTERED)

    CITING ANNOTATIONS:

    *1 Supreme Court's views as to construction and application of Aid to


    Families with Dependent Children (AFDC) provisions of Social
    Security Act (42 USCS secs. 601-615) , 84 L. Ed. 2d 917, secs. 3,
    Page 2

    Auto-Cite(R)Citation Service, (c)2008 LEXIS-NEXIS. All rights reserved.


    Miller v. Yoakum, 440 U.S. 125 (1979) Auto-Cite Signal: Caution--check case
    history

    7, 21.

    Supreme Court's view as to weight and effect to be given, on


    subsequent judicial construction, to prior administrative
    construction of statute, 39 L. Ed. 2d 942, supp secs. 3, 12.

    Constitutionality of state welfare programs, including those which


    are federally assisted--Supreme Court cases, 25 L. Ed. 2d 907,
    supp sec. 7.

    *2 What circumstances render civil case, or issues arising therein,


    moot so as to preclude Supreme Court's consideration of their merits,
    44 L. Ed. 2d 745, supp secs. 7, 39.

    What issues will the Supreme Court consider, though not, or not
    properly, raised by the parties, 42 L. Ed. 2d 946, supp sec. 22.

    Supreme Court's view as to weight and effect to be given, on


    subsequent judicial construction, to prior administrative
    construction of statute, 39 L. Ed. 2d 942, supp sec. 3.

    Constitutionality of state welfare programs, including those which


    are federally assisted--Supreme Court cases, 25 L. Ed. 2d 907,
    supp sec. 4.
    1312DN

    ********** Print Completed **********

    Time of Request: Thursday, October 23, 2008 12:08:33 EST

    Print Number: 2862:120901867


    Number of Lines: 67
    Number of Pages: 2

    Send To: TERMINAL, 1


    PRINCE GEORGE'S COUNTY CIRCUIT COURT
    14735 MAIN ST RM M 1400
    UPPER MARLBORO, MD 20772

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