Blessing v. Freestone

520 U.S. 329, 117 S. Ct. 1353, 137 L. Ed. 2d 569, 10 Fla. L. Weekly Fed. S 399, 97 Daily Journal DAR 5065, 97 Cal. Daily Op. Serv. 2878, 65 U.S.L.W. 4265, 1997 U.S. LEXIS 2506
CourtSupreme Court of the United States
DecidedApril 21, 1997
Docket95-1441
StatusPublished
Cited by1,382 cases

This text of 520 U.S. 329 (Blessing v. Freestone) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blessing v. Freestone, 520 U.S. 329, 117 S. Ct. 1353, 137 L. Ed. 2d 569, 10 Fla. L. Weekly Fed. S 399, 97 Daily Journal DAR 5065, 97 Cal. Daily Op. Serv. 2878, 65 U.S.L.W. 4265, 1997 U.S. LEXIS 2506 (1997).

Opinions

[332]*332Justice O’Connor

delivered the opinion of the Court.

This case concerns a lawsuit brought by five mothers in Arizona whose children are eligible to receive child support services from the State pursuant to Title IV-D of the Social Security Act, as added, 88 Stat. 2351, and as amended, 42 U. S. C. §§ 651-669b (1994 ed. and Supp. II). These custodial parents sued the director of Arizona’s child support agency [333]*333under Rev. Stat. § 1979, 42 U. S. C. § 1983, claiming that they had an enforceable individual right to have the State’s program achieve “substantial compliance” with the requirements of Title IV-D. Without distinguishing among the numerous provisions of this complex program, the Court of Appeals for the Ninth Circuit held that respondents had such a right. We disagree that the statutory scheme can be analyzed so generally, and hold that Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Accordingly, we vacate and remand with instructions to remand to the District Court.

I

This controversy concerns an interlocking set of cooperative federal-state welfare programs. Arizona participates in the federal Aid to Families with Dependent Children (AFDC) program, which provides subsistence welfare benefits to needy families. Social Security Act, Title IV-A, 42 U. S. C. §§ 601-617. To qualify for federal AFDC funds, the State must certify that it will operate a child support enforcement program that conforms with the numerous requirements set forth in Title IV-D of the Social Security Act, 42 U. S. C. §§651-669b (1994 ed. and Supp. II),1 and will do so pursuant to a detailed plan that has been approved by the Secretary of Health and Human Services (Secretary). § 602(a)(2); see also § 652(a)(3). The Federal Government underwrites roughly two-thirds of the cost of the State’s child support efforts. § 655(a). But the State must do more than simply collect overdue support payments; it must also establish a comprehensive system to establish paternity, [334]*334locate absent parents, and help families obtain support orders. §§651,654.

A State must provide these services free of charge to. AFDC recipients and, when requested, for a nominal fee to children and custodial parents who are not receiving AFDC payments. §§651, 654(4). AFDC recipients must assign their child support rights to the State and fully cooperate with the State’s efforts to establish paternity and obtain support payments. Although the State may keep most of the support payments that it collects on behalf of AFDC families in order to offset the costs of providing welfare benefits, until recently it only had to distribute the first $50 of each payment to the family. 42 U. S. C. § 657(b)(1). The amended version of Title IV-D replaces this $50 pass-through with more generous distributions to families once they leave welfare. 42 U. S. C. § 657(a)(2) (1994 ed., Supp. II). Non-AFDC recipients who request the State’s aid are entitled to have all collected funds passed through. § 657(a)(3). In all cases, the State must distribute the family’s share of collected support payments within two businéss days after receipt. § 654b(c)(l).

The structure of each State’s Title IY-D agency, like the services it provides, must conform to federal guidelines. For example, States must create separate units to administer the plan, §654(3), and to disburse collected funds, § 654(27), each of which must be staffed at levels set by the Secretary, 45 CFR §303.20 (1995). If a State delegates its disbursement function to local governments, it must reward the most efficient local agencies with a share of federal incentive payments. 42 U. S. C. § 654(22). To maintain detailed records of all pending cases, as well as to generate the various reports required by federal authorities, States must set up computer systems that meet numerous federal specifications. § 654a. Finally, in addition to setting up this administrative framework, each participating [335]*335State must enact laws designed to streamline paternity and child support actions. §§654(20), 666.

To oversee this complex federal-state enterprise, Congress created the Office of Child Support Enforcement (OCSE) within the Department of Health and Human Services (HHS). This agency is charged with auditing the States’ compliance with their federally approved plans. Audits must occur at least once every three years, or more often if a State’s performance falls below certain standards. § 652(a)(4). If a State does not “substantially comply” with the requirements of Title IV-D, the Secretary is authorized to penalize the State by reducing its AFDC grant by up to five percent. § 609(a)(8). The Secretary has interpreted “substantial compliance” as: (a) full compliance with requirements that services be offered statewide and that certain recipients be notified monthly of the support collected, as well as with reporting, recordkeeping, and accounting rules; (b) 90 percent compliance with case opening and case closure criteria; and (c) 75 percent compliance with most remaining program requirements. 45 CFR §305.20 (1995). The Secretary may suspend a penalty if the State implements an adequate corrective action plan, and if the program achieves “substantial compliance,” she may rescind the penalty entirely. 42 U. S. C. § 609(c) (1994 ed., Supp. II).

II

Arizona’s record of enforcing child support obligations is less than stellar, particularly compared with those of other States. In a 1992 report, Arizona’s Auditor General chronicled many of the State’s problems. In the 1989-1990 fiscal year, Arizona failed to collect enough child support payments and federal incentives to cover the administrative costs of its Title IV-D program — 1 of only 10 States to fall below that target. Arizona Auditor General, A Performance Audit of the Arizona Department of Economic Security 2 (1992). The Auditor General also pointed out that the cost effectiveness [336]*336of Arizona’s support enforcement efforts had been “minimal.” For every dollar spent on enforcement, the State collected barely two dollars — almost half the nationwide average. Ibid. In 1992, nearly three-quarters of Arizona’s 275,000 child support cases were still in the earliest stages of the enforcement process. In 42 percent of all cases, paternity had yet to be established. In a further 29 percent, the absent parent had been identified but his or her whereabouts were unknown. Id., at 12.

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Bluebook (online)
520 U.S. 329, 117 S. Ct. 1353, 137 L. Ed. 2d 569, 10 Fla. L. Weekly Fed. S 399, 97 Daily Journal DAR 5065, 97 Cal. Daily Op. Serv. 2878, 65 U.S.L.W. 4265, 1997 U.S. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blessing-v-freestone-scotus-1997.