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SOURCE termination remanded for failure to provide discharge planning.

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

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

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

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

Ambiguity in Food Stamp Manual regarding whether owner of LLC must report all business income as personal income.

The Office of Inspector General (OIS) sought to administratively disqualify Respondent, a food stamp recipient, for committing two intentional program violations and to recoup an overissuance of $33,693.00 for the period of January 2009 through December 2012.  The first allegation is that Respondent committed an intentional program violation by failing to report her LLC’s gross

Ambiguity in Food Stamp Manual regarding whether owner of LLC must report all business income as personal income. Read More

Knowledge of program requirement necessary for violation to be intentional.

The Office of Inspector General (OIS) was not authorized to administratively disqualify Respondent from participation in the Temporary Assistance for Needy Families (TANF) program for using her benefits at a liquor store.  While such an expenditure is a violation of the TANF program, OIS failed to prove that Respondent was on notice of the prohibition

Knowledge of program requirement necessary for violation to be intentional. Read More

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