20(a).93 This language is rights-creating, as it has an “unmistakable focus” on the 91 45 C.F.R. § 1356.21(m)(1) provides, in relevant part (emphasis added): (m) . . . In meeting the requirements of section 471(a)(11) of the Act [42 U.S.C. § 671(a)(11)], the State must review at reasonable, specific, time- limited periods to be established by the State: (1) The amount of the payments made for foster care maintenance and adoption assistance to assure their continued appropriateness; . . . 92 42 U.S.C. § 675(4)(A) provides, in relevant part (emphasis added): (4)(A) The term “foster care maintenance payments” means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, and reasonable travel to the child’s home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

That it did not counsels against implying the right of action plaintiffs seek under 42 U.S.C. §§ 671(a)(16) and 675(1)(E). See Olivia Y., 351 F. Supp. 2d at 564 (holding that the asserted right to “planning and services to secure [a] permanent placement . . . including documentation of the steps taken to secure permanency under 42 U.S.C. § 675(1)(E) w[as] not cognizable”). V. PLAINTIFFS’ PROCEDURAL DUE PROCESS CLAIM IS BARRED BY THE ELEVENTH AMENDMENT, BECAUSE IT SEEKS RELIEF AGAINST STATE OFFICIALS BASED ON ALLEGED VIOLATIONS OF STATE LAW AND BECAUSE THE STATE LAWS UPON WHICH PLAINTIFFS RELY DO NOT GIVE RISE TO CONSTITUTINALLY PROTECTED INTERESTS.

*** 42 U.S.C. § 675(5)(D) requires that all case review plans include a procedure assuring that a child's health and education record is reviewed, updated, and supplied to the child's foster parent or foster care provider at the time of each placement. 42 U.S.C. § 675(5)(E) requires case review plans to include procedures which acknowledge that in the absence of a compelling reason, a relative placement, or the potential for reunification, petitions to terminate parental rights must be filed under certain circumstances and within certain time frames. Id.

*** 42 U.S.C. § 675(5)(D) requires that all case review plans include a procedure assuring that a child's health and education record is reviewed, updated, and supplied to the child's foster parent or foster care provider at the time of each placement. 42 U.S.C. § 675(5)(E) requires case review plans to include procedures which acknowledge that in the absence of a compelling reason, a relative placement, or the potential for reunification, petitions to terminate parental rights must be filed under certain circumstances and within certain time frames. Id.

Id. (citing 42 U.S.C. § 675(5)). In other words, “ [t]he references to individual children and their placements are made in the context of describing what the procedure is supposed to ensure,” and such provisions, the court opined, “ ‘ cannot make out the requisite congressional intent to confer individual rights enforceable by § 1983’ .”

...................................................................................................................... 12 42 U.S.C. § 416(d)(4). ................................................................................................................. 12 42 U.S.C. § 671 ........................................................................................................................... 11 42 U.S.C. § 675(5). ....................................................................................................................... 11 42 U.S.C. § 1382c(d)(2)............................................................................................................... 12 Social Services Amendments of 1974, Pub.