Suter v. Artist M., 503 U.S. 347, 8 (1992)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

354

SUTER v. ARTIST M.

Opinion of the Court

peals held that the "reasonable efforts" clause of the Adoption Act could be enforced through an action under § 1983. 917 F. 2d, at 987-989.5 That court, applying the standard established in Cort v. Ash, 422 U. S. 66 (1975), also found that the Adoption Act created an implied right of action such that private individuals could bring suit directly under the Act to enforce the provisions relied upon by respondents. 917 F. 2d, at 989-991. We granted certiorari, 500 U. S. 915 (1991), and now reverse.6

5 The Court of Appeals also noted that the Fourth Circuit, in L. J. ex rel. Darr v. Massinga, 838 F. 2d 118 (1988), cert. denied, 488 U. S. 1018 (1989), had found the substantive requirements listed in § 671(a) to be enforceable under § 1983. 917 F. 2d, at 988.

Several cases have addressed the enforceability of various sections of the Adoption Act. See, e. g., Massinga, supra, at 123 (finding case plan requirements enforceable under § 1983); Lynch v. Dukakis, 719 F. 2d 504 (CA1 1983) (same); Norman v. Johnson, 739 F. Supp. 1182 (ND Ill. 1990) (finding "reasonable efforts" clause enforceable under § 1983); B. H. v. Johnson, 715 F. Supp. 1387, 1401 (ND Ill. 1989) (finding "reasonable efforts" clause not enforceable under § 1983).

6 Subsequent to oral argument, respondents notified the Court of the entry of a consent decree in the case of B. H. v. Suter, No. 88-C 5599 (ND Ill.), which they suggest may affect our decision on the merits, or indeed may make the instant action moot. We find no merit to respondents' contentions, and conclude that the B. H. consent decree has no bearing on the issue the Court decides today. Sue Suter, petitioner in this case, is the defendant in the B. H. suit, which alleges statewide deficiencies in the operations of DCFS. See B. H. v. Johnson, supra. The class approved in B. H. contains "all persons who are or will be in the custody of [DCFS] and who have been or will be placed somewhere other than with their parents." 715 F. Supp., at 1389.

Respondents suggest that because petitioner has agreed in the B. H. consent decree to provide "reasonable efforts" to maintain and reunify families, she is somehow precluded from arguing in this case that § 671(a)(15) does not grant a right for individual plaintiffs to enforce that section by suit. As we have recognized previously this Term, however, parties may agree to provisions in a consent decree which exceed the requirements of federal law. Rufo v. Inmates of Suffolk County Jail, 502 U. S. 367, 389 (1992). Paragraph two of the B. H. decree itself provides that the decree is not an admission of any factual or legal issue. In addi-

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007