A three-judge District Court's judgment upholding the
constitutionality of a Connecticut statute that requires the mother
of an illegitimate child receiving Aid to Families with Dependent
Children (AFDC) assistance to disclose the putative father's name
and imposing a criminal sanction for noncompliance, and concluding
that the statute does not conflict with the Social Security Act, is
vacated and the case is remanded for further consideration in light
of an intervening Social Security Act amendment requiring parents,
as a condition of eligibility for AFDC assistance, to cooperate
with state efforts to locate and obtain support from absent parents
but providing no punitive sanctions, and, also, if a relevant state
criminal proceeding is pending, in light of
Younger v.
Harris, 401 U. S. 37, and
Huffman v. Pursue, Ltd., 420 U. S. 592.
365 F. Supp.
65, vacated and remanded.
Page 422 U. S. 392
PER CURIAM.
Appellants, mothers of illegitimate children receiving Aid to
Families With Dependent Children (AFDC) assistance, and the
children, commenced this action challenging § 52-440b,
Conn.Gen.Stat.Rev. (1973),
* which requires
the mother of an illegitimate child to divulge to designated
officials the name of the putative father of the child.
Noncompliance with the statute is a contempt punishable by
imprisonment up to one year and a fine of up to $200. A three-judge
District Court upheld the constitutionality of § 5240b against
appellants' claims of denial of due process and equal protection
and invasion of appellants' right to privacy, and also concluded
that the statute did not conflict with the purpose and objectives
of the Social Security Act. We noted probable jurisdiction, 415
U.S. 912 (1974). However, since that time Pub.L. 93-647, 88 Stat.
2337, was enacted.
Page 422 U. S. 393
Public L. 93-647 amends § 402(a) of the Social Security Act to
require parents, as a condition of eligibility for AFDC assistance,
to cooperate with state efforts to locate and obtain support from
absent parents, but provides no punitive sanctions comparable to
those provided by Conn.Gen.Stat.Rev. § 52-440b (1973). Section
402(a), as amended, 88 Stat. 2359, 42 U.S.C. § 602(a) (1970 ed.,
Supp. IV), provides in pertinent part:
"A State plan for aid and services to needy families with
children must"
"
* * * *"
"(26) provide that, as a condition of eligibility for aid, each
applicant or recipient will be required --"
"
* * * *"
"(B) to cooperate with the State (i) in establishing the
paternity of a child born out of wedlock with respect to whom aid
is claimed, and (ii) in obtaining support payments for such
applicant and for a child with respect to whom such aid is claimed,
or in obtaining any other payments or property due such applicant
or such child and that, if the relative with whom the child is
living is found to be ineligible because of failure to comply with
the requirements of subparagraphs (A) and (B) of this paragraph,
any aid for which such child is eligible will be provided in the
form of protective payments as described in section [606(b)(2) of
this title] (without regard to subparagraphs (A) through (E) of
such section). . . ."
We vacate the judgment of the District Court and remand the case
for further consideration in light of Pub.L. 9647, and, if a
relevant state criminal proceeding
Page 422 U. S. 394
is pending, also for further consideration in light of
Younger v. Harris, 401 U. S. 37
(1971), and
Huffman v. Pursue, Ltd., 420 U.
S. 592 (1975).
It is so ordered.
MR. JUSTICE DOUGLAS concurs except with respect to
Younger
v. Harris, 401 U. S. 37
(1971), and
Huffman v. Pursue, Ltd., 420 U.
S. 592 (1975).
* Section 5240b, Conn.Gen.Stat.Rev. provides:
"(a) If the mother of any child born out of wedlock, or the
mother of any child born to any married woman during marriage which
child shall be found not to be issue of the marriage terminated by
a divorce decree or by decree of any court of competent
jurisdiction, fails or refuses to disclose the name of the putative
father of such child under oath to the welfare commissioner, if
such child is a recipient of public assistance, or to a selectman
of a town in which such child resides, if such child is a recipient
of general assistance, or otherwise to a guardian or a guardian
ad litem of such child, such mother may be cited to appear
before any judge of the circuit court and compelled to disclose the
name of the putative father under oath and to institute an action
to establish the paternity of said child."
"(b) Any woman who, having been cited to appear before a judge
of the circuit court pursuant to subsection (a), fails to appear or
fails to disclose or fails to prosecute a paternity action may be
found to be in contempt of said court and may be fined not more
than two hundred dollars or imprisoned not more than one year or
both."