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D.O. v. GLISSON

No. 16-5461.

847 F.3d 374 (2017)

D.O.; A.O.; R.O., Plaintiffs-Appellants, v. Vickie Yates Brown GLISSON, in her official capacity as Secretary for the Cabinet for Health and Family Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 27, 2017.

Attorney(s) appearing for the Case

ARGUED: Richard F. Dawahare , McCLELLAND & ASSOCIATES, PLLC, Lexington, Kentucky, for Appellants. David Brent Irvin , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellee. ON BRIEF: Richard F. Dawahare , McCLELLAND & ASSOCIATES, PLLC, Lexington, Kentucky, for Appellants. David Brent Irvin , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellee.

Before: DAUGHTREY, CLAY, and COOK, Circuit Judges.

OPINION

The federal Child Welfare Act ("the Act") specifies that "[e]ach State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative ... into foster care." 42 U.S.C. § 672(a). This appeal asks whether the Act creates...

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