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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. |
No. 21-5074 |
Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort.
No. 3:18-cv-00025—Gregory F. Van Tatenhove, District Judge.
Argued: October 21, 2021
Decided and Filed: September 16, 2022
Before: McKEAGUE, NALBANDIAN, and MURPHY, Circuit Judges.
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OPINION
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NALBANDIAN, Circuit Judge. 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 were not eligible for foster
care maintenance payments. Because the Cabinet does not have placement and care
responsibility over children placed into custody of a relative or fictive kin by a court order, we
affirm the district court. |
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