Carelli v. Howser

923 F.2d 1208, 1991 WL 3470
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 18, 1991
DocketNos. 90-3340, 90-3341
StatusPublished
Cited by29 cases

This text of 923 F.2d 1208 (Carelli v. Howser) 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
Carelli v. Howser, 923 F.2d 1208, 1991 WL 3470 (6th Cir. 1991).

Opinion

RALPH B. GUY, Jr., Circuit Judge.

Defendants, various county and state officials responsible for administering child support enforcement services, appeal the district court’s denial of a motion to dismiss plaintiffs’ 42 U.S.C. § 1983 action brought to enforce the provisions of Title IV-D of the Social Security Act, 42 U.S.C. §§ 651-669. The district court certified its decision for an interlocutory appeal pursuant to 28 U.S.C. § 1292. On April 16, 1990, we granted permission to appeal.

Defendants argue that plaintiffs have failed to state a claim upon which relief can be granted because plaintiffs are not-the intended beneficiaries of the statute, which is a prerequisite to their right to maintain a section 1983 action for an alleged violation. Defendants also argue that even if plaintiffs are the intended statutory beneficiaries, Congress has foreclosed private enforcement through the enactment of a comprehensive auditing scheme. Although we agree with the district court’s conclusion that plaintiffs are beneficiaries of the statute, we believe the comprehensive remedial scheme provided by Congress forecloses the relief sought here, and we reverse.

I.

Plaintiffs are all mothers who claim to be entitled to receive child support enforcement services from the defendants.1 Plaintiffs allege that the defendants failed to comply with federal statutes and regulations which require defendants to provide efficient services to locate absent parents, establish paternity, establish support obligations through court orders, and enforce existing support orders. As a result of these failures, plaintiffs allege that they have been deprived of child support and related services to which they are entitled. Plaintiffs seek no monetary relief but request that the court “[permanently enjoin Defendants and their successors from failing to provide Plaintiffs and the class they represent the effective child support enforcement services required to be provided by Defendants under applicable state and federal statutes and regulations[.]”

The district court opinion provides a cogent summary of the statutory scheme of Title IV-D:

The State of Ohio participates in the federal Aid to Families with Dependent Children (AFDC) program established by Title IV-A of the Social Security Act, 42 U.S.C. §§ 601-617. The program is a federal-state cooperative effort administered by the states. The AFDC program provides funds to states which have implemented plans to aid needy families with children deprived of parental support due to death, disability, or desertion. 42 U.S.C. §§ 601 & 606(a).... In order to receive AFDC funds, the state must comply with federal requirements. 42 U.S.C. § 602. One such requirement is that the state must adopt a plan for child support enforcement in compliance with the standards set forth in Title IV-D and operate a child support enforcement program in substantial compliance with that plan. 42 U.S.C. § 602(a)(27). The Secretary of Health and Human Services must approve the state plan in order for the state to receive federal funding. 42 U.S.C. § 602(b). Once a plan complying [1210]*1210with Title IV-D has been approved, the Secretary is responsible for conducting an audit of the state program at least once every three years to determine whether the actual operation of such program complies with the requirements of Title IV-D. 42 U.S.C. § 652(a)(4). If the program is found to not substantially comply with these requirements then the Secretary must reduce the state’s funding according to a formula set out in 42 U.S.C. § 603(h).
Title IV-D sets forth the requirements which state plans for child support enforcement must meet.... States are required to provide child support enforcement services to families that receive AFDC benefits as well as families that do not. Families receiving AFDC are required to assign their rights to support payments to the state. 42 U.S.C. § 602(a)(26)(A). Families that receive AFDC are entitled to the first $50 in support payments collected each month under a Title IV-D program. After the family has been paid the first $50, the state may retain additional support payments collected as reimbursement for AFDC payments. If the amount of support collected exceeds the amount retained as reimbursement for AFDC plus $50, then the family is entitled to that additional amount. 42 U.S.C. § 657(b). Families must be notified at least annually of the amount of support payments collected by the state. 42 U.S.C. § 654(5)(A). Families that do not receive AFDC are entitled to the entire amount of support collected by the state.

Carelli v. Howser, 733 F.Supp. 271, 273-74 (S.D.Ohio 1990).

II.

It is well established that section 1983 is the vehicle for bringing a cause of action for violation of federal statutes.2 Maine v. Thiboutot, 448 U.S. 1, 4, 100 S.Ct. 2502, 2504, 65 L.Ed.2d 555 (1980). There are, however, two exceptions to this general rule. A plaintiff will not be permitted to sue under section 1983 if the federal statute does not create “rights.” Pennhurst State School & Hosp. v. Halderman, 451 U.S. 1, 101 S.Ct. 1531, 67 L.Ed.2d 694 (1981). Also, a plaintiff will not be permitted to sue under section 1983 if Congress intended to foreclose such action by providing an exclusive remedy within the federal statute. Middlesex County Sewerage Auth. v. National Sea Clammers Ass’n, 453 U.S. 1, 101 S.Ct. 2615, 69 L.Ed.2d 435 (1981).

In order to determine whether Title IV-D creates rights which the plaintiffs may assert pursuant to section 1983, we must first determine if “the provision in question was intendfed] to benefit the putative plaintiff.” Golden State Transit Corp. v. Los Angeles, —— U.S. -, 110 S.Ct. 444, 448, 107 L.Ed.2d 420 (1989) (citation omitted).3 Defendants urge that Congress enacted Title IV-D to reduce the welfare rolls.

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Bluebook (online)
923 F.2d 1208, 1991 WL 3470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carelli-v-howser-ca6-1991.