J. B-K. BY E.B. v. SECRETARY OF KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES

No. 21-5074.

48 F.4th 721 (2022)

J. B-K., minor child 1, BY Next Friend E.B., et al., Plaintiffs-Appellants, v. SECRETARY OF KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; Commissioner of Kentucky Department for Community Based Services; Elizabeth Caywood, in her official capacity as Deputy Commissioner of the Kentucky Department for Community Based Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 16, 2022.


Attorney(s) appearing for the Case

ARGUED: Douglas L. McSwain , WYATT, TARRANT & COMBS, LLP, Lexington, Kentucky, for Appellants. David Brent Irvin , KENTUCKY CABINET FOR HEALTH & FAMILY SERVICES, Frankfort, Kentucky, for Appellees. ON BRIEF: Douglas L. McSwain , Thomas E. Travis , WYATT, TARRANT & COMBS, LLP, Lexington, Kentucky, Richard Frank Dawahare , Lexington, Kentucky, for Appellants. David Brent Irvin , Leeanne Applegate , KENTUCKY CABINET FOR HEALTH & FAMILY SERVICES, Frankfort, Kentucky, for Appellees. Catherine M. Padhi , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae.

NALBANDIAN, Circuit Judge, delivered the opinion of the court in which McKEAGUE, Circuit Judge, joined. MURPHY, Circuit Judge (pp. 730-37), delivered a separate opinion concurring in the judgment.


OPINION

A group of foster caregivers sued the Kentucky Cabinet for Health and Family Services for denying foster care maintenance payments to children in the caregivers' care. On appeal, we must decide whether the district court properly construed Title IV-E of the Social Security Act in holding that these children...

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