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MIDWEST FOSTER CARE AND ADOPTION ASS'N v. KINCADE

No. 12-1834.

712 F.3d 1190 (2013)

MIDWEST FOSTER CARE AND ADOPTION ASSOCIATION; Missouri State Foster Care and Adoption Board; Wesley Cauveren; Jennifer Cauveren; Kristina DesCombes; Tyran Murrell; Michael Paulsen; Kay Paulsen, Plaintiffs-Appellants v. Brian KINCADE, Director of the Department of Social Services, in his official capacity; Candace A. Shively, Director of the Children's Division, in her official capacity, Defendants-Appellees. American Civil Liberties Union Foundation of Kansas and Western Missouri; American Civil Liberties Union of Eastern Missouri; Kansas Foster and Adoptive Children; Missouri Foster Care and Adoptive Association; The Central Missouri Foster Care and Adoption Association; The Evan B. Donaldson Adoption Institute; The North American Council on Adoptable Children; Children's Rights, Amici on Behalf of Appellants State of Alaska; State of Arizona; State of Arkansas; State of Colorado; State of Hawaii; State of Indiana; State of Kansas; State of Maryland; State of Massachusetts; State of Michigan; State of Nebraska; State of Nevada; State of New York; State of North Dakota; State of Rhode Island; State of South Carolina; State of Utah; State of Washington; State of Wyoming, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 8, 2013.

Attorney(s) appearing for the Case

J. Eugene Balloun , Shook, Hardy & Bacon, L.L.P., Kansas City, MO, argued ( Lori Burns-Bucklew , Michael Barnett , Lynn C. Herndon , Dana L. Strueby , on the brief), for appellants.

James R. Layton , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., on the brief), for appellees.

Stephen Douglas Bonney , Daniel Hyndman , Kansas City, MO, Anthony E. Rothert , Grant R. Doty , St. Louis, MO, for amicus curiae American Civil Liberties Union Foundation of Kansas and Western Missouri, American Civil Liberties Union of Eastern Missouri, Kansas Foster and Adoptive Children, Missouri Foster Care and Adoption Assn., the Evan B. Donaldson Adoption Inst., the Central Missouri Foster Care and Adoption Assn., and the North American Council on Adoptable Children, in support of appellants.

J. Richard Hammett , Elizabeth Yingling , Brandon Moseberry , Mireille Zuckerman , Joe Rindone , Calina Joachim , Emily Harbison , Baker & McKenzie LLP, Houston, TX, Ira Lustbader, Jodi Miller , New York, NY, for amicus curiae Children's Rights in support of appellants.

Robert M. McKenna , Atty. Gen., Theresa L. Fricke , Asst. Atty. Gen., Alan Copsey , Dep. Solicitor Gen., Olympia, WA, for amici curiae State of Washington and 18 other states, in support of appellees.

Before SMITH, BEAM, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Six individual foster care providers and two organizations representing Missouri foster care providers (collectively, "Providers") brought a suit against officials of the State of Missouri ("the State") who oversee the State's foster care program. The Providers asserted that the Adoption Assistance and Child Welfare Act of 1980 ("CWA"), 42 U.S.C. § 670 et seq., gave them a privately enforceable right under 42 U.S.C. § 1983...

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