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Leaving child unattended justified revocation of Family Day Care Home permit.

Early Care & Learning

Bright from the Start revoked Petitioner’s license to operate a Family Day Care Home after a determination that the facility had committed medium-risk and high-risk violations of applicable rules.  The high risk violation occurred when a child was left unattended at the facility for more than an hour after the proprietor fired her only assistant

Leaving child unattended justified revocation of Family Day Care Home permit. Read More

Notice of termination of Medicaid benefits must be accurate.

Health Law

The Division of Family and Children Services (DFCS) was not permitted to terminate Petitioner’s Medicaid benefits for failure to participate during the review process.  Petitioner presented credible evidence that she had, in fact, cooperated with the review process.  Other theories given to support the termination were not mentioned in the termination letter, which must provide

Notice of termination of Medicaid benefits must be accurate. Read More

Medicaid applicant must be responsible for paying medical bills to qualify for spend-down eligibility.

Health Law

Petitioner may be eligible for Adult Medically Needy (AMN) Medicaid if she is able to submit medical bills in excess of the Medically Needy Income Level for which she is personally responsible to pay.  While she submitted evidence of $40,000 worth of medical expenses to the Division of Family and Children Services (DFCS), the bills

Medicaid applicant must be responsible for paying medical bills to qualify for spend-down eligibility. Read More

Mental illness cannot qualify a person for the SOURCE program.

Health Law

Petitioner was removed from participation in the Service Options Using Resources in Community Environments (SOURCE) program.  While she has several physical ailments, they would not necessitate nursing home care in the absence of SOURCE services.  Her other needs are the result of a mental illness, which cannot act as a qualification for the program.

Mental illness cannot qualify a person for the SOURCE program. Read More

Stipulated agreement is an alternative to revoking community placement.

Juvenile Justice

Petitioner’s hearing request was dismissed following the submission of a stipulated agreement to the Court, providing an alternative plan to revoking Petitioner’s community placement.  The agreement included electronic monitoring at his home prior to screening for placement followed by Multi-Systemic Therapy.  A violation of the plan may result in placement in a detention facility.

Stipulated agreement is an alternative to revoking community placement. Read More

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