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Remedies Keyed to Tabb, 8th
Waters-Haskins v. Human Services Department
Citation:
210 P.3d 817 (2009)Facts
Hazel Waters-Haskins served as a foster parent to her grandchildren before adopting them on November 24, 1997. She received foster parent subsidies before adoption and adoptive parent subsidies afterward from the Children, Youth and Families Department. Throughout this period, she also received food stamp assistance and correctly reported both subsidies and the status change following adoption on her applications. The Department properly excluded the foster parent subsidy from income calculations but erroneously continued excluding the adoptive parent subsidy, which should have rendered her ineligible for food stamps. This administrative error continued for approximately eight years until discovered in December 2004. The Department then recalculated her eligibility for an eleven-month period between February 2004 and January 2005, determining she had received $4,476 in benefits to which she was not entitled due to monthly net income of $1,446 that exceeded eligibility thresholds.
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