B.K., BY her NEXT FRIEND Margaret TINSLEY; B.T., by their next friend Jennifer Kupiszewski; A.C.-B., by their next friend Susan Brandt; M.C.-B., by their next friend Susan Brandt; D.C.-B., by their next friend Susan Brandt; J.M., by their next friend Susan Brandt, Plaintiffs-Appellees,
v.
Jami SNYDER, in her official capacity as Director of the Arizona Health Care Cost Containment System, Defendant-Appellant.
B.K., by her next friend Margaret Tinsley; B.T., by their next friend Jennifer Kupiszewski; A.C.-B., by their next friend Susan Brandt; M.C.-B., by their next friend Susan Brandt; D.C.-B., by their next friend Susan Brandt; J.M., by their next friend Susan Brandt, Plaintiffs-Appellees,
v.
Gregory McKay, in his official capacity as Director of the Arizona Department of Child Safety, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted January 17, 2019 San Francisco, California.
Marsha L. Levick , Juvenile Law Center, Philadelphia, Pennsylvania, for Amici Curiae Juvenile Law Center, Bluhm Legal Clinic, Center for Children's Law & Policy, Center for Public Representation, Children & Family Justice Center, Children's Advocacy Institute, Children's Defense Fund New York, Civitas Childlaw Center, Columbia Legal Services, Disability Rights Pennsylvania, Harvard Law School Child Advocacy Program, Impact Fund, National Association of Counsel for Children, National Center for Youth Law, National Health Law Program, National Women's Law Center, Nebraska Appleseed, Robert F. Kennedy Human Rights, Rutgers School of Law—Camden Children's Justice Clinic, Washington Lawyers' Committee for Civil Rights and Urban Affairs, and Youth Law Center.
Corene T. Kendrick , Prison Law Office, Berkeley, California; Amanda W. Shanor and David C. Fathi , American Civil Liberties Union Foundation, Washington, D.C.; Kathleen E. Brody , ACLU Foundation of Arizona, Phoenix, Arizona; for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Arizona, and Prison Law Office.
Partial Concurrence and Partial Dissent by Judge Adelman
OPINION
WALLACE, Circuit Judge:
The Arizona Department of Child Safety and the Arizona Health Care Cost Containment System are responsible for delivering health care and other services to the thousands of children in the Arizona foster care system. In 2015, ten of those children brought an action...
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