Bowen v. Heintz

539 A.2d 122, 206 Conn. 636, 1988 Conn. LEXIS 32
CourtSupreme Court of Connecticut
DecidedMarch 22, 1988
Docket13172
StatusPublished
Cited by5 cases

This text of 539 A.2d 122 (Bowen v. Heintz) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowen v. Heintz, 539 A.2d 122, 206 Conn. 636, 1988 Conn. LEXIS 32 (Colo. 1988).

Opinion

Per Curiam.

The defendant appeals from a judgment of the trial court reversing a decision of a hearing officer of the department of income maintenance (DIM). The hearing officer had upheld the action taken by DIM when it found the family unit of the plaintiff, Una Bowen, and her two minor children, Christopher and Devon, no longer eligible to receive public assistance benefits under the Aid to Families with Dependent Children program (AFDC), authorized under 42 U.S.C. § 601 et seq. DIM had taken into consideration, when making a redetermination of the plaintiffs family unit’s eligibility for AFDC, the income that Christopher was receiving as the surviving minor child of his deceased father under Title II of the Social Security Act (OASDI). The hearing officer held that this result was mandated by the Deficit Reduction Act of 1984 (DEFRA), Pub. L. No. 98-369 § 2640 (a), codified at 42 U.S.C. § 602 (a) (38) (1985 Sup.), and regulations relating thereto contained in 45 C.F.R. § 206.10 (a) (i) through (vii). The hearing officer decided: that the AFDC benefits should be discontinued for the plaintiffs family of three members; that Christopher’s income, as well as Devon’s income, must be used for the support of all members in the family comprising the assistance unit, and that, [638]*638since the income exceeded the $505 per month standard of need, assistance must be discontinued. The plaintiff appealed to the Superior Court pursuant to General Statutes § 4-183.

The following is a summary of facts stipulated to before the trial court. On June 13, 1986, the plaintiff was granted AFDC benefits for herself and her two children, Christopher and Devon. When AFDC was granted, the only income noted for the three person assistance unit was $100 per month in support payments for Devon. The plaintiff’s child, Devon, is a dependent child because his father is absent from the child’s home and he receives support payments from him. Christopher has been granted Social Security benefits on his deceased father’s account. His income is $584 per month in Social Security benefits. The plaintiff desires continued AFDC benefits for herself and Devon only.

On July 11, 1986, the plaintiff was appointed guardian of the estate of her son, Christopher, by the Probate Court for the district of West Hartford. In appointing the plaintiff guardian, the Probate Court directed her to restrict expenditures of Christopher’s Social Security benefits to Christopher’s needs, and 25 percent of the household expenses.

On July 18, 1986, the defendant notified the plaintiff that he proposed to discontinue her AFDC benfits because her income exceeded her needs. The income referred to was Christopher’s Social Security benefits and Devon’s support payments. The plaintiff was afforded a fair hearing on August 11, 1986, at which the proposed termination of her benefits was upheld for the reason stated.

The plaintiff’s weekly household expenses are approximately $184.50. Her weekly income, including child support payments for Devon and only that portion of [639]*639Christopher’s Social Security benefits she is allowed to spend under the Probate Court’s order, is $89.50.

The court found that DIM had erred in including Christopher in the assistance unit and sustained the plaintiff’s appeal.The court concluded that a proper interpretation of 42 U.S.C. § 602 (a) (38) first required a determination of dependency under 42 U.S.C. § 606 (a) and General Statutes § 17-82.It then concluded that Christopher was not a dependent child under these provisions. It found that while Christopher was under eighteen and lived with his mother in a residence maintained by her as their home, he did not meet the additional criterion of being a needy child deprived of parental support and care because he received $584 per month in OASDI benefits. It decided that Christopher does not meet the eligibility requirements of the state or federal statutes and should not, therefore, be included in the assistance unit with his mother and brother. The court remanded the action to DIM with instructions to exclude Christopher and his income from the assistance unit when determining AFDC eligibility of the plaintiff and her son Devon.

The court ruled for the plaintiff on the statutory issue only and did not reach the issues raised by the plaintiff as to whether Christopher’s OASDI funds were made “unavailable” by the order of the Probate Court or whether his constitutional rights were violated by applying his OASDI income to the assistance unit. The defendant’s sole issue on appeal is that the court erred in not finding that 42 U.S.C. § 602 (a) (38) requires that a minor child receiving OASDI benefits be included in the AFDC assistance unit. The plaintiff briefed this issue and asserted four alternate grounds for sustaining the judgment: (1) a child’s OASDI income restricted under a Probate Court order cannot be considered available for AFDC purposes under 42 U.S.C. § 602 (a) (38); (2) the DIM may not implement a federal AFDC pro[640]*640vision which contravenes General Statutes §§ 17-82e and 17-85 and Connecticut probate law; (3) the defendant’s policy, which precludes the plaintiff from showing that she has no available income under the terms of 42 U.S.C. § 602 (a) (38), creates an unconstitutional irrebutable presumption; and (4) the defendant’s policy of diverting the legally restricted income of a minor to the support of the minor’s family constitutes a taking in violation of the state and federal constitutions.

The defendant claimed at oral argument that Bowen v. Gilliard, 483 U.S. 587, 593 n.5, 107 S. Ct. 3008, 97 L. Ed. 2d 485 (1987), is dispositive of the principal issue in this case.

In 1984, Congress amended the statute authorizing AFDC to require that a family’s eligibility for benefits must take into account, with certain specified exceptions, the income of all parents, brothers and sisters living in the same house. Id., 589. The principal question in Bowen was whether this requirement violated the fifth amendment to the United States constitution when it was applied to require a family wishing to receive AFDC to include within its unit a child for whom child support payments were being made by a noncustodial parent.

The United States Supreme Court ruled that the amendments involved did not conflict with the due process clause and the taking clause of the fifth amendment. Id., 3018, 3021. The court stated that the District Court had carefully considered statutory arguments concerning child support orders in general and rejected them, citing Gilliard v. Kirk, 633 F. Sup. 1529, 1548 (W.D.N.C. 1986).

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Cite This Page — Counsel Stack

Bluebook (online)
539 A.2d 122, 206 Conn. 636, 1988 Conn. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-heintz-conn-1988.