Sunday, September 06, 2020

6th Circuit: Settlement In Long-Running Baptist Children's Home Case Is Unenforceable

In Pedreira v. Sunrise Children's Services, Inc., (6th Cir., Sept. 2, 2020), the U.S. 6th Circuit Court of Appeals, in an Establishment Clause case that has been in litigation for 20 years, held that a proposed modified consent decree that was to settle the case is unenforceable. The case involves a challenge to the state of Kentucky's funding of treatment for abused and neglected children in facilities operated by Sunrise Children's Services, a Baptist organization. (See prior related posting.) The 6th Circuit agreed with the district court that the consent decree violates Kentucky law because it requires enactment of new or modified administrative regulations to be implemented.