Healey v. Commissioner of Public Welfare

605 N.E.2d 279, 414 Mass. 18
CourtMassachusetts Supreme Judicial Court
DecidedDecember 23, 1992
StatusPublished
Cited by19 cases

This text of 605 N.E.2d 279 (Healey v. Commissioner of Public Welfare) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Healey v. Commissioner of Public Welfare, 605 N.E.2d 279, 414 Mass. 18 (Mass. 1992).

Opinions

Greaney, J.

The plaintiffs are recipients of Aid to Families with Dependent Children (AFDC) who need child care in order to participate in education or training programs approved by the Department of Public Welfare (department), in connection with its “MassJOBS” program. The plaintiffs commenced an action in the Superior Court to challenge the validity of the department’s limitation of child care for AFDC recipients, who, like the plaintiffs, are in a department-approved education or training program but whose individual employment or training plan was not approved by the department before September 4, 1992. The plaintiffs claimed that the department’s policy violates the provisions of the Social Security Act, 42 U.S.C. §§ 301 et seq., as amended by the Family Support Act of 1988, Pub. L. No. 100-485, 102 Stat. 2343 (1988). The plaintiffs sought a preliminary injunction to enjoin the department from failing to provide child-care services to AFDC recipients who are participating in approved education or training activities.

A judge in the Superior Court granted the plaintiffs’ request for a preliminary injunction. The department appealed from the injunction to the Appeals Court pursuant to G. L. c. 231, § 118, second par. (1990 ed.), and a stay of the injunction (extending a stay granted by the Superior Court judge) was granted by a single justice of the Appeals Court. The plaintiffs then petitioned a single justice of this court pursuant to G. L. c. 211, § 3 (1990 ed.), to vacate the stay. The single justice ordered the action transferred pursuant to G. L. c. 211, § 4A (1990 ed.), and reserved and reported the merits of the case to the full court. We now affirm the grant of the preliminary injunction.

The facts are undisputed. The Social Security Act, as amended by the Family Support Act of 1988 (FSA), re[20]*20quires every State participating in the AFDC program to create a “Job Opportunities and Basic Skills” (JOBS) program to provide training, education, and work opportunities for those receiving AFDC benefits. 42 U.S.C. §§ 681 et seq. (1988). The Massachusetts JOBS program is called Mass-JOBS. The program is designed to change the nature of the welfare system by creating opportunities for AFDC recipients to further their education and training and ultimately to remove themselves from the welfare rolls by gaining self-sufficiency through meaningful employment. 42 U.S.C. § 681 (a). 45 C.F.R. § 250.0 (1992).

Each plaintiff is an AFDC recipient with a minor child or children. Each plaintiff has voluntarily enrolled in an education or training program approved by the department and has sought child care in order to continue her education or training. Each plaintiff has been advised by the department that she will not immediately receive, child care because her education or training plan was not approved prior to September 4, 1992. That date is significant because the department has placed AFDC recipients whose employment or training plans are approved thereafter, ánd who request child care, on a waiting list. When a child-care slot becomes available, it is to be filled from the waiting list. The department’s action was taken in anticipation that the funds appropriated this fiscal year for child care may not be sufficient to provide that benefit for all AFDC recipients who meet current criteria for participation in MassJOBS. As a practical matter, the wait-listing policy operates as a denial of child care because there is no indication that child-care slots are becoming available on any regular basis, if at all.

The Superior Court judge applied the traditional test for consideration of a preliminary injunction. A trial court’s decision to issue or to deny a preliminary injunction requires “an evaluation in combination of the moving party’s claim of injury and its chance of success on the merits. If there is a substantial risk of irreparable harm to the moving party, it must be balanced against any similar risk to the other party in the light of the chance of each party to succeed on the [21]*21merits.” Commonwealth v. County of Suffolk, 383 Mass. 286, 288 (1981), citing Packaging Indus. Group v. Cheney, 380 Mass. 609, 617 (1980). See Westinghouse Broadcasting Co. v. New England Patriots Football Club, Inc., 10 Mass. App. Ct. 70, 72 (1980). “Only where the balance between these risks cuts in favor of the moving party may a preliminary injunction properly issue.” Packaging Indus. Group v. Cheney, supra. See Planned Parenthood League of Mass., Inc. v. Operation Rescue, 406 Mass. 701, 710 (1990). We first consider whether the plaintiffs have shown a likelihood of success, namely whether they have demonstrated that applicable Federal law requires the department to provide child care to MassJOBS participants in their circumstances.

As noted, the FSA requires each State, as a condition of participation in the AFDC program, to create a JOBS program. 42 U.S.C. §§ 681 et seq. As a condition of receiving public support, AFDC recipients in turn are required to participate in a State’s JOBS program, 42 U.S.C. § 602 (a)(19),2 unless they are exempt from required participation by statute. 42 U.S.C. § 602 (a)(19)(C). Among those exempt from required participation are the caretakers of children under the age of six years. 42 U.S.C. § 602 (a) (19) (C) (iii) (II). A State’s JOBS program also must permit exempt individuals to volunteer for participation. 42 U.S.C. § 602 (a)(19)(B)(i)(II). The plaintiffs in this case [22]*22who have volunteered to participate in MassJOBS and who are involved in the wait-listing policy, are caretakers of children under six years.

Participants in a State’s JOBS program are entitled to certain support services necessary for participation, including transportation costs and other work-related expenses. 42 U.S.C. § 602 (g)(2). A separate provision of the FSA provides that “[e]ach State agency must guarantee child care in accordance with subparagraph (B)[3] ... for each individual participating in an education and training activity ... if the State agency approves the activity and determines that the individual is satisfactorily participating in the activity” (emphasis added).4 42 U.S.C. § 602 (g)(l)(A)(i)(II). The plaintiffs are individuals participating satisfactorily in State-approved education and training activities.

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Healey v. Commissioner of Public Welfare
605 N.E.2d 279 (Massachusetts Supreme Judicial Court, 1992)

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Bluebook (online)
605 N.E.2d 279, 414 Mass. 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/healey-v-commissioner-of-public-welfare-mass-1992.