Petitioner was found to be in default for failure to file an answer within thirty days of the date a hearing notice was sent by certified mail to her home address. Petitioner was sent two notices—the second after she refused service of the first. However, the date for purposes of calculating the period for filing […]
Failure to file necessary pleading results in default order and dismissal of appeal. Read More
The speculative consequences of open criminal charges from approximately seventeen years prior cannot legally justify Respondent’s continued civil commitment. The Department of Behavioral Health and Developmental Disabilities (DBHDD) was ordered to show compliance with a previous order of Judge Lois Oakley and produce evidence of efforts to transition Respondent to an appropriate community placement with
Open criminal charges do not justify continued civil commitment. Read More
The Individuals with Disabilities Education Improvement Act (IDEA) requires that a due process complaint contain a description of the problem relating to a proposed initiation or change in the child\’s education, facts relating to the problems, and proposed resolutions. Plaintiff’s complaint was insufficient because the cited problems lacked detail and the proposed resolutions were vague.
Plaintiff’s IDEA complaint deemed insufficient. Read More
Considering the seriousness of the allegations against a doctor in a medical licensure disciplinary hearing, there is a particularly strong need for an open courtroom. Allowing electronic media coverage of portions of the hearing would “increase public access to the courts and openness of judicial proceedings” without impacting the integrity, dignity, or administration of the
Georgia law favors public trials that are open to the press and public. Read More
The Department of Community Health properly fined a personal care home $25,000 for repeat violations of capacity and level-of-care license and rule violations. The fact that the personal care home had a pending application for an increase in capacity did not justify admitting more residents than allowed under its current license. In fact, the failure
Bound by current license until application for an increase is granted. Read More
Plaintiff, a parent filing a due process request under the Individuals with Disability Education Act (IDEA), did not comply with the Department of Education’s rule, which provides that the initiating party must provide a copy of the complaint to the school district’s superintendent at the same time as serving the state. Plaintiff was given ten
Due process complaint dismissed without prejudice for lack of service. Read More
