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STATE OF CAL. DEPT. OF SOCIAL SERVS. v. THOMPSON

No. 00-17266.

321 F.3d 835 (2003)

STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Plaintiff, and Enedina Rosales, Intervenor-Appellant, v. Tommy G. THOMPSON, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2003.

Attorney(s) appearing for the Case

Marjorie Shelvy, Barbara Jones (argued), Yolanda C. Arias, Silvia Argueta, Erin Shaffer, Kimberly Lewis, Legal Aid Foundation of Los Angeles, Los Angeles, CA, for the intervenor-appellant.

Jeffrey Clair, Department of Justice, Civil Division, Washington, DC, for the defendant-appellee.

Rochelle Bobroff, AARP Foundation Litigation, Washington, DC, for the amicus curiae.

Before: THOMPSON, W. FLETCHER and BERZON, Circuit Judges.

BERZON, Circuit Judge.

"The practice of relatives or kin parenting children when their parents cannot is a time-honored tradition in most cultures." Kinship Care: A Natural Bridge: A Report of the Child Welfare League of America (1994). Increasingly, our own society has turned to relatives for assistance in providing foster homes to children in need of them.1 The issue here is under what circumstances foster parents who are related to...

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