Legal Resources
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Administrative Hearing Decisions
The following administrative hearing decisions all concerned adoption assistance (subsidy) and were all favorable to adoptive families. In some cases, they may be used to help prepare for hearings. NOTE: In a legal decision linked below (Gruzinski v. Pennsylvania Department of Public Welfare) the Commonwealth Court of Pennsylvania also awarded both eligibility for adoption assistance and adoption assistance payments.
- Holt Hearing Decision (Ohio State Administrative Hearing; July 2002).
Issue: Provision of correct notice.
- McAllister Hearing Decision (Ohio State Administrative Hearing; April 2000).
Primary Issue: Amount of Adoption Assistance.
NOTE: This decision provided by and published with the permission of the McAllister family.
- In Re: Lynn Smith (Washington State Administrative Hearing; March 2000).
Primary Issues: Eligibility for Adoption Assistance After Finalization; Extenuating Circumstances; Eligibility for Adoption Assistance After Finalization; Private Agencies; Judicial Determination That Remaining in the Home Was Contrary to the Child's Interest; Reasonable Effort to Place the Child Without Adoption Assistance; Retroactive Adoption Assistance Payments.
- Appeal of Wendy Buzzanco (Pennsylvania Adoption Subsidy; March 2000).
Significance: A child adopted from Brazil was awarded adoption assistance after finalization.
- In Re: Bell (Washington State Administrative Hearing; January 2000).
Primary Issue: Retroactive Adoption Assistance Payments.
- In Re: Reisner (Indiana State Hearing; 1999).
Primary Issues: Eligibility for Adoption Assistance After Finalization; Retroactive Adoption Assistance Payments.
- In the matter of: Dianna Katherine Strand (Idaho State Hearing; August 1997).
Primary Issues: Eligibility for Adoption Assistance After Finalization; Retroactive Adoption Assistance Payments.
Legal Decisions : Adoption Assistance
- Sanders v. Georgia Department of Human Resources, Office of Adoptions (Superior Court of Richmond County, Georgia; Sept. 11, 2001).
- Alsdorf v. Department Of Human Resources, Division Of Child And Family Services (Fourth Judicial District Court Of The State Of Nevada, In And For The County Of Elko; July 6,
2000).
Issues: Retroactive Adoption Assistance Payments. Significance: The court ruled that the state agency’s
policy of automatically denying all requests for retroactive benefits was an abuse of the state’s discretionary authority and a violation of the family’s right of due process.
- In The Matter Of Bria Saddler v. Ohio Department Of Human Services (Court for Common Pleas of Franklin County Ohio; April, 2000).
Significance: The court determined that even though there was no judicial determination of that adoptive placement was in the child's best interest, the child should not be denied adoption assistance or retroactive benefits. The child was placed by a private agency and the judge ruled that the child should not be punished because the family was never informed about the state regulation requiring the judicial determination. The Ohio Department of Human Services Appealed the Decision.
- Weaver v. Ohio Department of Human Services (Court Of Common Pleas, Hamilton County, Ohio; August, 1999).
Primary Issues: Eligibility for Adoption Assistance After Finalization; Eligibility of Children Who Were Not Placed By A Public Or Private Agency. [See also, Barczynski v. Pennsylvania Department of Public Welfare.]
- Gruzinski v. Pennsylvania Department of Public Welfare (Commonwealth Court of Pennsylvania; June 7, 1999)
- Barczynski v. Pennsylvania Department of Public Welfare (Commonwealth Court of Pennsylvania; April 15, 1999)
- Adoption Arc, Inc. v. Pennsylvania Department of Public Welfare (Commonwealth Court of Pennsylvania; April 7, 1999)
(NOTE: This is a PDF file)
- Schmidt v. State of Nebraska (Nebraska Supreme Court; November 13, 1998)
- Hogan v. Vermont Department of Social and Rehabilitation Services (Vermont Supreme Court; 168 Vt. 615; June, 1998)
Legal Decisions : Wrongful Adoption
- Jackson v. State of Montana [Montana; 1998 Mt. 46; March 10, 1998]
- Cesnik v. Edgewood Baptist Church [US Court of Appeals, July 5, 1996]
- Mohr v. Commonwealth of Massachusetts [Massachusetts, August 1995]
- Mallette v. Children's Friend and Servs. [Rhode Island, June 30, 1995]
- Appellant v. Minnesota Department of Human Services [Minnesota, April 7, 1995]
- Juman v. Louise Wise Services [New York, January 10, 1995]
- Roe v. Catholic Charities of the Diocese of Springfield, Illinois [Illinois, February 14, 1992]
- Juman v. Louise Wise Services [New York, February 9, 1994]
- M.H. v. Caritas Family Services [Minnesota, August 21, 1992]
- Meracle v. Children's Service Society of Wisconsin [Wisconsin, April 4, 1989]
- Michael J. v. Los Angeles County Department of Adoptions [California, May 31, 1988]
- Burr v. Stark County Board of Commissioners [Ohio, April 11, 1986]
Legal Decisions: Foster Parent Rights
Legal Decisions: Hearing Rights
- Goldberg v. Kelly (US Supreme Court; 397 U.S. 254; March 23, 1970)
Decision from Findlaw.com.
Legal Decisions: Gay and Lesbian Adoption
Laws and Statutes
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