C.B. V. Commonwealth
Pennsylvania Supreme Court
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The Commonwealth Court held that the federal Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 670-76, conflicts with and, therefore, preempts Pennsylvania's Adoption Opportunities Act, 62 P.S. §§ 771-74, to the extent the Pennsylvania Act and accompanying regulations require, where the federal act does not, that a child be in agency custody in order to qualify for an adoption assistance subsidy. This Court granted allocatur to review the Commonwealth Court's invalidation of the Pennsylvania agency custody requirement. Although we find that the Adoption Opportunities Act does not conflict with and is not preempted by the corresponding federal Act, and disapprove of the Commonwealth Court's holding to the contrary, we affirm the court's mandate on the alternative grounds we discuss below. *fn1