January 2016

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

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 met, and the two children were precluded from receiving benefits […]

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

Wal-Mart store terminated from WIC participation for reproducing vendor stamp.

Employees of a local Wal-Mart store reproduced the store’s state-issued WIC vendor stamp in violation of its vendor agreement, and used the unapproved stamp on fifty-seven WIC vouchers.  The Department of Public Health terminated the store’s vendor agreement, resulting in a disqualification period of one year.  Although reproduction of the stamp was done without store

Wal-Mart store terminated from WIC participation for reproducing vendor stamp. Read More

DFCS must make eligibility determination when SSA’s 90-day period elapses.

When a Medicaid applicant applies for Supplemental Security Income through the Social Security Administration (SSA), DFCS generally does not make an independent determination of blindness or disability. Instead, SSA makes the eligibility determination. Under federal regulations, however, if an applicant has applied for both Medicaid and SSI, and SSA has not made a determination within

DFCS must make eligibility determination when SSA’s 90-day period elapses. Read More

Driver failed to demonstrate proper rescission of refusal to take test.

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. Moreover, the driver was no longer under the arresting corporal’s

Driver failed to demonstrate proper rescission of refusal to take test. Read More

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