LIPSCOMB BY AND THROUGH DeFEHR v. SIMMONS

No. 87-4079.

884 F.2d 1242 (1989)

Sheri LIPSCOMB, By and Through her next friend, Carolyn DeFEHR; Autumn Scalf, and William Scalf, by and through their next friend Gloria Self, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Dan SIMMONS, individually and in his official capacity as Acting Director, Department of Human Resources of the State of Oregon; and Jess Armas, individually and in his official capacity as Acting Assistant Director, Department of Human Resources of the State of Oregon and Acting Administrator, Children's Services Division, Department of Human Resources of the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1989.


Attorney(s) appearing for the Case

Emily Simon and Mark Kramer, Simon Kramer & Fithian-Barrett, Portland, Or., for plaintiffs-appellants.

Rives Kistler, Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Before HUG, FLETCHER and NELSON, Circuit Judges.


PER CURIAM:

Oregon, like every other state, sometimes removes children from their parents' custody because of abuse or neglect. The State often places these children temporarily in foster homes, either with relatives or others. The state and federal governments provide funds to defray the costs of caring for these children. The federal scheme, Title IV-E of the Social Security Act, 42 U.S.C. §§ 670-676 (1988), provides funds for many foster children, without...

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