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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- SUTER et al. v. ARTIST M. et al.
- certiorari to the united states court of appeals for
- the seventh circuit
- No. 90-1488. Argued December 2, 1991-Decided March 25, 1992
-
- The Adoption Assistance and Child Welfare Act of 1980 provides that
- a State will be reimbursed by the Federal Government for certain
- expenses it incurs in administering foster care and adoption services,
- if it submits a plan for approval by the Secretary of Health and
- Human Services. Among its requisite features, an approved plan
- must provide that it ``shall be in effect in all'' of a State's political
- subdivisions and ``be mandatory upon them,'' 42 U.S.C. 671(a)(3),
- and that ``reasonable efforts will be made'' to prevent removal of
- children from their homes and to facilitate reunification of families
- where removal has occurred, 671(a)(15). Respondents, child benefi-
- ciaries of the Act, sought declaratory and injunctive relief, alleging
- that petitioners, the Director and the Guardianship Administrator of
- the Illinois agency responsible for investigating charges of child abuse
- and neglect and providing services for abused and neglected children
- and their families, had failed to make reasonable efforts to preserve
- and reunite families, in contravention of 671(a)(15). The District
- Court denied petitioners' motion to dismiss, holding, inter alia, that
- the Act contained an implied cause of action and that suit could also
- be brought under 42 U.S.C. 1983. The court entered an injunc-
- tion against petitioners, and the Court of Appeals affirmed. That
- court relied on Wilder v. Virginia Hospital Assn., 496 U.S. 498, to
- hold that the ``reasonable efforts'' clause of the Act could be enforced
- through a 1983 action, and applied the standard of Cort v. Ash, 422
- U.S. 66, to find that the Act created an implied right of action
- entitling respondents to bring suit directly under the Act.
- Held:
- 1.Section 671(a)(15) does not confer on its beneficiaries a private
- right enforceable in a 1983 action. Pp.7-15.
- (a)Section 1983 is not available to enforce a violation of a
- federal statute where Congress has foreclosed enforcement in the
- enactment itself and ``where the statute did not create enforceable
- rights, privileges, or immunities within the meaning of 1983.''
- Wright v. Roanoke Redevelopment and Housing Authority, 479 U.S.
- 418, 423. Congress must confer such rights unambiguously when it
- intends to impose conditions on the grant of federal moneys. Penn-
- hurst State School and Hospital v. Halderman, 451 U.S. 1, 17.
- Thus, statutory provisions must be analyzed in detail, in light of the
- entire legislative enactment, to determine whether the language in
- question created rights within the meaning 1983. Pp.7-9.
- (b)Congress did not unambiguously confer upon the Act's benefi-
- ciaries the right to enforce the ``reasonable efforts'' requirement. The
- Act is mandatory only insofar as it requires a State to have an
- approved plan containing the listed features; and it is undisputed
- that the Illinois plan provides that reasonable efforts at prevention
- and reunification will be made. Respondents err in basing their
- 1983 argument, in part, on 671(a)(3)'s ``in effect'' language, which
- is directed to the requirement that the plan apply to all of a State's
- political subdivisions and is not intended to otherwise modify the
- word ``plan.'' Unlike the Medicaid legislation in Wilder, supra-which
- actually required the States to adopt reasonable and adequate
- reimbursement rates for health care providers and which, along with
- regulations, set forth in some detail the factors to be considered in
- determining the methods for calculating rates-here, the statute
- provides no further guidance as to how ``reasonable efforts'' are to be
- measured, and, within broad limits, lets the State decide how to
- comply with the directive. Since other sections of the Act provide
- mechanisms for the Secretary to enforce the ``reasonable efforts''
- clause, the absence of a 1983 remedy does not make the clause a
- dead letter. The regulations also are not specific and provide no
- notice that failure to do anything other than submit a plan with the
- requisite features is a further condition on the receipt of federal
- funds. And the legislative history indicates that the Act left a great
- deal of discretion to the States to meet the ``reasonable efforts''
- requirement. Pp.9-15.
- 2.The Act does not create an implied cause of action for private
- enforcement. Respondents have failed to demonstrate that Congress
- intended to make such a remedy available. See Cort, supra; Trans-
- america Mortgage Advisors, Inc. v. Lewis, 441 U.S. 11, 15-16.
- Pp.15-16.
- 917 F.2d 980, reversed.
-
- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined.
- Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined.
-