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C.B. EX REL. R.R.M. v. COM.

786 A.2d 176 (2001)

C.B. and J.B., on Behalf of R.R.M, Appellees, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant, City of Philadelphia, Department of Human Services, Appellant.

Supreme Court of Pennsylvania.

Decided December 18, 2001.

Attorney(s) appearing for the Case

Richard Gerson Feder, Philadelphia, for City of Philadelphia, Department of Human Services.

Sheila Oliver, Elkins Park, for C.B. and J.B., on behalf of R.R.M.

Myra Werrin Sacks, Harrisburg, for Department of Public Welfare, appellee.

Frank P. Cervone, Philadelphia, for Support Center for Child Advocates.

Daniel M. Fellin, Myra Werrin Sacks, John A. Kane, Howard C. Ulan, Harrisburg, for Department of Public Welfare, appellant.

Jonathan Jay Houlon, Philadelphia, for Solicitor-City.

Before: FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and SAYLOR, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The Commonwealth Court held that the federal Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 670-76, conflicts with and, therefore, preempts Pennsylvania's Adoption Opportunities Act, 62 P.S. §§ 771-74, to the extent the Pennsylvania Act and accompanying regulations require, where the federal act does not, that a child be in agency custody in order to qualify for an adoption...

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