Boettger v. Bowen

923 F.2d 1183
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 17, 1991
DocketNos. 89-1831, 89-1832
StatusPublished
Cited by13 cases

This text of 923 F.2d 1183 (Boettger v. Bowen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boettger v. Bowen, 923 F.2d 1183 (6th Cir. 1991).

Opinions

RALPH B. GUY, JR., Circuit Judge.

Defendants, the Secretary of Health and Human Services and Michigan’s Director of the Department of Social Services (DDS), appeal the district court’s summary judgment for plaintiffs in this statutory construction case involving the Aid to Families with Dependent Children program. We are asked to decide whether the district court erred in holding that a federal regulation, 45 C.F.R. § 224.51, allowing sanctions for termination of employment contravenes the authorizing statute, 42 U.S.C. § 602(a)(19)(F), and whether the district court erred in holding that the Michigan policy of sanctioning work incentive program participants who terminate employment contravenes 42 U.S.C. § 602(a)(19)(F).

We hold that both the federal regulation and the Michigan policy allowing sanctions for termination of self-obtained employment fall within the authorization grant of 42 U.S.C. § 602(a)(19)(F). We shall, therefore, reverse the judgment of the district court.

I.

Plaintiffs’ suit challenges a reduction in the family’s Aid to Families with Dependent Children-Unemployed Parent (AFDC-U) benefits. On February 14, 1987, at a time when the Boettger family was receiving AFDC-U benefits, Mr. Boettger obtained a job through his own efforts. However, Mr. Boettger voluntarily terminated that employment two days later — a termination determined by Michigan’s DDS to be “without good cause.” The Michigan Department of Social Services notified the Boettger family that, in compliance with a state sanction policy, their AFDC-U benefits would be terminated for three months.

Plaintiffs filed suit to enjoin the termination of benefits. The district court found that the federal regulation, 45 C.F.R. § 224.51, and Michigan’s policy of imposing sanctions in this type of situation contravened the federal authorizing statute, 42 U.S.C. § 602(a)(19)(F).1 The district court granted summary judgment for plaintiffs on those two issues, 714 F.Supp. 272, and enjoined defendants from imposing AFDC-U sanctions against plaintiffs for the termination in question.

II.

The AFDC program is a cooperative federal-state effort established by Congress in 1935 to enable each state to furnish financial assistance to certain needy children and the parents or relatives with whom they live. The goals of the AFDC program are to “help maintain and strengthen family life” and to assist “parents or relatives to attain or retain capability for the maximum self-support and personal independence.” 42 U.S.C. § 601.

[1185]*1185States are not required to participate in the AFDC program, but states wishing to do so must submit plans to the Secretary for approval. 42 U.S.C. § 602(b). If the Secretary approves the state plan, the state becomes eligible for approximately half of the program’s funding from the federal government. 42 U.S.C. § 603. The AFDC program is administered locally by states, which must comply with federal requirements governing the operation of the program. See King v. Smith, 392 U.S. 309, 333 n. 34, 88 S.Ct. 2128, 2141 n. 34, 20 L.Ed.2d 1118 (1968).

In 1967, Congress made significant changes to the AFDC program, including the creation of the Work Incentive Program (WIN). 42 U.S.C. § 630 et seq. The purpose of the WIN program is to encourage AFDC recipients to seek and retain employment and to become independent. As expressed by Congress, the program is designed “to assist participants in securing and retaining employment and securing possibilities for advancement.” 42 U.S.C. § 633(d).

Most AFDC recipients over 16 years of age are required to register under the WIN program in order to receive benefits, and Mr. Beottger was a mandatory WIN registrant.2

The federal statutory provision at issue, 42 U.S.C. § 602(a)(19)(F), sets forth sanctions applicable to WIN program participants. The statute mandates that any state participating in the program provide for sanctions in two instances: (1) when an individual has “refused without good cause to participate under a work incentive program”; or (2) when an individual has “refused without good cause to accept employment ... offered through the public employment offices of the State, or ... otherwise offered by an employer.” 3

Both the federal regulation and the Michigan state policy allow sanctions in other situations, including termination of employment. The federal regulation, 45 C.F.R. § 224.51(a), provides that sanctions may be imposed in four instances: when an individual (1) has “failed or refused without good cause to participate in the program”; (2) has “terminated employment”; (3) has “refused to accept employment”; or (4) has “reduced earnings without good cause.” Id.4 Thus, the federal regulation allows sanctions in two situations not specifically mentioned in the authorizing statute: termination of employment and reduction of earnings without good cause. The state policy defines a voluntary termination of a job obtained through state or individual [1186]*1186efforts as a noncompliance action and allows sanctions for such noncompliance.5

III.

Defendants argue that the federal regulation is based on a reasonable construction of the relevant statute and that the district court erred by failing to defer to the Secretary’s interpretation. Defendants further claim that the district court incorrectly used a “formalistic interpretation” of the statute, an interpretation that “conflicts with the expressed objectives of the WIN program.”

For the federal regulation and the state policy to be valid, they must be consistent with the statutory purpose. To the extent they are inconsistent with the controlling statute, they are invalid. King v. Smith, 392 U.S. 309, 333 n. 34, 88 S.Ct. 2128, 2141 n. 34, 20 L.Ed.2d 1118 (1968). It is hard to argue that the regulations are not consistent with the overall purpose of the WIN legislation to reduce welfare costs and return AFDC recipients to gainful employment.

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923 F.2d 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boettger-v-bowen-ca6-1991.