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YOUAKIM v. McDONALD

Nos. 95-2575, 95-2813.

71 F.3d 1274 (1995)

Marcel YOUAKIM, Linda Youakim, individually, and as foster parents, and Tim Robertson, and all others similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. Jess McDONALD, Director, Illinois Department of Children and Family Services, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 1995.

Rehearing and Suggestion for Rehearing Denied January 17, 1996.

Attorney(s) appearing for the Case

Diane Redleaf, John M. Bouman, Robert E. Lehrer (argued), Michelle J. Gilbert, Stacey E. Platt, Legal Assistance Foundation of Chicago, Chicago, IL, Kenneth Kandaras, John Marshall Law School, Chicago, IL, Peter J. Schmiedel, Office of the Public Guardian, Juvenile Division, Chicago, IL, for Plaintiffs-Appellees in No. 95-2575.

Rita M. Novak, Office of the Attorney General, Chicago, IL, Esther Nkonye Iwerebon, Eric J. Glover, Daniel M. Feeney, Christina M. Tchen (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendant-Appellant, in No. 95-2575.

Diane Redleaf, John M. Bouman, Robert E. Lehrer (argued), Michelle J. Gilbert, Stacey E. Platt, Legal Assistance Foundation of Chicago, Chicago, IL, Kenneth Kandaras, John Marshall Law School, Chicago, IL, for Plaintiffs-Appellants in No. 95-2813.

Rita M. Novak, Office of the Attorney General, Chicago, IL, Eric J. Glover, Christina M. Tchen (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendant-Appellee in No. 95-2813.

Before WOOD, Jr., ROVNER, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 17, 1996.

ILANA DIAMOND ROVNER, Circuit Judge.

The dispute before us in this twenty-two year old case concerns the implementation of legislative reforms to Illinois' foster care benefit program. See P.A. 89-21, amending, 20 ILCS 505/5. Earlier this year, the Illinois Department of Children and Family Services ("DCFS" or "the Department") proposed its Home of Relative Reform Plan (...

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