May 2014 - Page 2 of 4 - Administrative Law Report

Complaint must adhere to pleading requirement to describe nature of educational problem.

Plaintiffs were required to amend their Individuals with Disabilities Education Act (IDEA) complaint to describe the nature of the educational problem and provide relevant facts, in adherence with pleading requirements intended to achieve fairness by ensuring that the School District receives adequate notice of the factual allegations and is afforded an opportunity to resolve the […]

Complaint must adhere to pleading requirement to describe nature of educational problem. Read More

Motion to Dismiss granted for absence of legally cognizable claims under IDEA.

Special Education

Judge Miller granted Respondent School District’s Motion to Dismiss Plaintiffs’ original due process complaint for failure to state a claim for which relief may be granted under the Individuals with Disabilities Education Act (IDEA). In their original Complaint, Plaintiffs (1) objected to the physical location of their child’s placement; (2) alleged that a change of

Motion to Dismiss granted for absence of legally cognizable claims under IDEA. Read More

SOURCE termination remanded for failure to provide discharge planning.

Health Law

The Department of Community Health\’s decision to terminate Petitioner from the Service Options Using Resources in Community Environments (SOURCE) program was remanded to the Department because the Department failed to provide adequate discharge planning. Remand was appropriate even though (1) Petitioner did not meet the level of care requirement for participation, (2) Petitioner was informed

SOURCE termination remanded for failure to provide discharge planning. Read More

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Nurse Aide Registry

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony. Witness accounts of the incident were inconsistent and failed to establish that Petitioner engaged in neglectful conduct.

Inconsistent and hearsay evidence insufficient to support finding of neglect. Read More

Transfer of resources penalty improper due to probate court order.

Medicaid Eligibility

The Division of Family and Children Services’ (DFCS) was not authorized to impose a transfer-of-resources penalty, because the probate court had already determined that the Medicaid applicant’s conservators had made expenditures solely for his use and benefit and had received the fair market value.

Transfer of resources penalty improper due to probate court order. Read More

Physical abuse and corporal punishment justifies emergency closure of facility.

Early Care & Learning

Disciplining a child by forcing him to hold a chair above his head for an extended period of time justified the decision of the Department of Early Care and Learning (DECAL) to order the emergency closure of the child care learning facility.

Physical abuse and corporal punishment justifies emergency closure of facility. Read More