to her from foster care placement on October 31, 1984. She alleges that, as of April 15, 1985, she had applied for but had not received AFDC payments or MA coverage on behalf of daughter Lucia. Due to inadequate medical attention at home, Lucia had been placed under the care of several foster parents. See Pl's Am. Compl. at paras. 48-50. The only discernable reason that Perry maintains that she had not received her benefits is because her caseworker refused to acknowledge eligibility without Perry's having taken appropriate steps to seek child support for Lucia and one of Lucia's siblings. Id. para. 58.
Assuming that Perry presents a live controversy,
and that she has suffered a palpable injury, the relief requested must provide redress for the injury asserted. Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 100, 60 L. Ed. 2d 66, 99 S. Ct. 1601 (1979). From the face of the complaint, the cause of Perry's failure to obtain benefits for Lucia may be unrelated to an alleged failure to coordinate local, state and federal assistance programs in such a manner as to ensure the prompt processing of eligibility redeterminations. Rather than administrative snafus and bureaucratic failure, Perry may well be not entitled to benefits as a matter of law. The amended complaint lacks such specificity that this court is unable to determine whether Perry's daughter was ever determined to be eligible for addition to her mother's AFDC grant. Whether his scenario is even parallel to that of the purported class members is questionable. Dale Grant had been part of her mother's AFDC grant. Mary Grant's challenge to the conduct of defendants was their failure to process timely her eligibility application upon Dale's return from foster care. There is sufficient diversity between the Perry and Grant cases that this court is reminded of the peculiar nature of each eligibility case and the vagaries of bureaucratic decision-making. I am led to the inexorable conclusion that Perry has failed on the face of the complaint to state an injury which may be redressed through the requested relief.
Further, an order declaring defendants in violation of the "reasonable promptness" requirements or an injunction cannot be used to avoid exhaustion of administrative proceedings designed to provide an adequate remedy. See Indiana Hospital Association, Inc. v. Schweiker, 544 F. Supp. 1167 (S.D. Ind. 1982), aff'd, 714 F.2d 872 (1983), cert. denied, 465 U.S. 1022, 104 S. Ct. 1274, 79 L. Ed. 2d 679 (1984). Even if plaintiff has suffered a live and palpable injury, she may, at this time, unlike Grant, maintain an action within the administrative agency to contest both denial of assistance as well as undue delay in acting upon an application. 55 Pa. Code § 275.1(a)(4)(i)(A),(E); 42 U.S.C. § 602(a)(4). Without pursuing these remedies at law, plaintiff circumvents the state-imposed system of review. The state agency is more able to address the differences created by the individual nature of the AFDC claims. For this court to enter into the case, while administrative remedies still lie, would be to overstep the bounds of federal-state comity. Should plaintiff's claim become moot, it may well give rise to a claim under § 1983. A civil rights claim to collect identifiable monies owed as the result of the deprivation of necessary welfare aid is an adequate alternative remedy to protect the rights of such recipients.
Accordingly, because Perry has failed to request relief which will adequately redress her alleged injury, and because she has failed to state a claim for equitable relief her claim must be dismissed.
Since none of the named plaintiffs purporting to represent a class establishes the requisite of a case or controversy with defendants, none may seek relief on behalf of himself or any other member of the class. O'Shea, 414 U.S. at 494.
For the foregoing reasons, the action is dismissed.
AND NOW, this 4th day of November, 1985, for the reasons set forth in the attached memorandum, it is hereby ORDERED that defendants' motion for summary judgment is GRANTED.