Liliana Yearns

Custodial parent has no right to a hearing after the child-support agency closes a case

This matter involved a Petition for Direct Appeal filed by a custodial parent who alleged her child-support case had been wrongfully closed by the Division of Child Support Services (DCSS).  The OSAH Judge denied this Petition, concluding that custodial parents do not have a right to an OSAH hearing when DCSS decides to close child-support […]

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Parent’s failure to provide documentation of disability leads to dismissal of IDEA manifestation complaint

This complaint brought under the Individuals with Disabilities Education Act (IDEA) sought to appeal a school district’s decision that a 17-year-old special-education student’s behavior of battering, sexually assaulting, and sexually harassing another student was not a manifestation of his disabilities. Following a hearing, the Court dismissed the complaint, noting in particular that the student’s mother

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 Errors in special-education student’s IEP and testing did not constitute a denial of FAPE

A 10th-grade student and his mother filed a complaint against the school district, alleging multiple violations of the Individuals with Disabilities Education Act (IDEA).  Those allegations included the district making errors with the child’s Individualized Education Plan (IEP) and testing. While acknowledging the district’s mistakes—such as the questionable inclusion of material from prior documentation and

 Errors in special-education student’s IEP and testing did not constitute a denial of FAPE Read More

 Facility disqualified from federal food program based on its earlier termination from another program

After a facility was terminated and disqualified from participating in the federally funded Summer Food Stamp Program (SFSP), the Department of Early Care and Learning sought to terminate and disqualify the same facility from the Child and Adult Care Food Program (CACFP), which is also federally funded.  The Judge upheld the CACFP termination because the

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Hospice’s lack of due diligence on waiver status led to Medicaid overpayment

The Department of Community Health (DCH) alleged an overpayment of $102,168.98 to a hospice that submitted Medicaid claims for two patients who already had concurrent claims with Medicaid waiver services. The Court affirmed the recoupment in part and reversed it in part.  The Court found that the facility reasonably relied on the State’s own information

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Despite claims of self-defense, paramedic’s license is revoked following fatal shooting

This case involved the Department of Public Health’s effort to revoke a paramedic’s license after she shot and killed her roommate’s estranged husband.  At the time of the administrative hearing, the paramedic faced pending murder charges.  Despite the paramedic’s argument of self-defense, the Judge upheld the revocation because any action that may result in a

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