Summer Food Service Program participants must repay disallowances using non-SFSP funds.

Topic: Early Care & Learning, Decided by Judge Walker-Russell 
Docket Number: 1653326 , Decision Date: 2016-07-25 
Attachment: Click here to download the decision. 

The Petitioner, a participant in the Summer Food Service Program (SFSP), was required to repay a debt to SFSP after the Department of Early Care and Learning (DECAL) discovered that it exceeded its state-approved budget for store purchases.  DECAL subsequently sought to disqualify the Petitioner [..] Read More..

Adoption assistance not available to college student placed on adoptive status at age 3.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: 1647700 , Decision Date: 2016-07-06 
Attachment: Click here to download the decision. 

A child must be placed on adoptive status at age 13 or older in order to receive Adoption Assistance benefits while attending college after he or she reaches age 18.  Accordingly, Petitioner could not continue to receive Adoption Assistance benefits after her child turned 18 [..] Read More..

Records authored by child support obligor are insufficient evidence of payment.

Topic: Child Support, Decided by Judge Walker-Russell 
Docket Number: 1629767 , Decision Date: 2016-06-01 
Attachment: Click here to download the decision. 

Copies of receipts written by a child support obligor to herself could not serve to corroborate her testimony that she made timely payments of child support.

Adopted child entitled to continued assistance lost due to agency’s failure to inform.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2015-08-18 
Attachment: Click here to download the decision. 

An agency representative failed to advise adoptive parents of a twelve-year-old child that signing the adoption agreement before the child turned thirteen precluded the child from accessing continued benefits in the event she attended college after she turned eighteen.  This non-disclosure departed from the agency’s [..] Read More..

Agency must submit adoption assistance application prior to transfer of custody.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: 1613786 , Decision Date: 2015-11-23 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to apply for adoption assistance prior to transferring custody of two children to their adoptive parent.  As a result, the prerequisite that an adoption assistance agreement be in place prior to finalization of adoption was not [..] Read More..

Must provide reasonable accommodations to applicants with disabilities.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2014-08-12 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to comply with Title II of the Americans with Disabilities Act—which requires public entities to provide reasonable accommodations to individuals with disabilities—when it failed to extend an application renewal deadline to an individual suffering from schizophrenia [..] Read More..

Department’s failure to provide Deferred Adoption Assistance Agreement upon request before adoption justified entry into agreement after adoption.

Topic: Human Services, Decided by Judge Walker-Russell 
Docket Number: 1447468 , Decision Date: 2014-05-14 
Attachment: Click here to download the decision. 

The Department of Human Services denied Petitioners, adoptive parents, entry into a Deferred Adoption Assistance Agreement, because the agreement was not entered into before the finalization of the adoption.  However, the Petitioners requested the agreement before the adoption was finalized, and the Department’s failure to [..] Read More..

Use of mailing address did not prove living arrangement in light of other evidence.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2014-03-25 
Attachment: Click here to download the decision. 

The Department of Human Services, Office of the Inspector General (OIS), failed to prove by clear and convincing evidence that Respondent committed an intentional food stamp program violation.  OIS sought to prove that Respondent lived with the father of one of her children, yet did [..] Read More..

Denial of Medicaid assistance proper where applicant’s net income exceeded income limit for assistance.

Topic: Medicaid Eligibility, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2013-09-24 
Attachment: Click here to download the decision. 

Petitioner was properly denied Adult Medicaid Assistance because his total net income exceeded the income limit for all Adult Medicaid categories.

Food stamp application denied where applicant’s income exceeded gross income limit.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2013-09-24 
Attachment: Click here to download the decision. 

Petitioner was correctly denied Food Stamp assistance because his combined earned and unearned income together exceeded the total maximum gross monthly income limit for a household unit of one. Petitioner argued that the Division of Family and Children Services  should have used his earned income [..] Read More..

Denial of Medicaid assistance proper where applicant’s net income exceeded income limit for assistance.

Topic: Medicaid Eligibility, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2013-09-24 
Attachment: Click here to download the decision. 

Petitioner was properly denied Adult Medicaid Assistance because his total net income exceeded the income limit for all Adult Medicaid categories.

Termination of Petitioner’s SOURCE services reversed.

Topic: Health Law, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2013-04-23 
Attachment: Click here to download the decision. 

The Department of Community Health was not permitted to terminate Petitioner’s SOURCE services. The Department did not give Petitioner notice with sufficient specificity, nor did it consult with Petitioner’s primary care physician prior to the annual review for continued eligibility. Also, the Department was unaware [..] Read More..

Food stamp over-issuance found where Petitioner failed to report full income.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2013-03-18 
Attachment: Click here to download the decision. 

Judge Walker-Russell found an over-issuance of food stamp benefits to Petitioner as a result of her failure to report the earned income of a household member.  The Division of Family and Children Services (DFCS), therefore, correctly denied Petitioner benefits for the month of September 2012 [..] Read More..

State failed to provide proper advance notice.

Topic: Human Services, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2013-03-29 
Attachment: Click here to download the decision. 

An adoptive parent appealed the Department of Human Services’ decision to deny Title IV-B Adoption Assistance benefits for her two “special needs” children, whom she adopted from the State foster care system. In terminating these benefits without thirty days’ written notice, the Department violated a [..] Read More..