Sec. 5. Private right of action
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/bill/116/s/274/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. By accepting or expending Federal funds in connection with a program that provides child welfare services under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 671 et seq.), a State waives its sovereign immunity for any claim or defense that is raised under this section.
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Sec. 5
Private right of action
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