Brunner v. State Department of Public Welfare

285 N.W.2d 74, 1979 Minn. LEXIS 1691
CourtSupreme Court of Minnesota
DecidedSeptember 21, 1979
Docket49412
StatusPublished
Cited by14 cases

This text of 285 N.W.2d 74 (Brunner v. State Department of Public Welfare) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brunner v. State Department of Public Welfare, 285 N.W.2d 74, 1979 Minn. LEXIS 1691 (Mich. 1979).

Opinions

OTIS, Justice.

This is an appeal by Mary Brunner, a Minneapolis resident and recipient of Aid to Families with Dependent Children (AFDC), from an order reducing her monthly maintenance grant from $404 to $286 because two of her three children were enrolled in a child welfare long-term residential treatment center in Duluth, Minnesota. The order issued by William B. Christensen, Acting Judge of the District Court of Hen-nepin County, affirmed a reduction sustained by the Commissioner of Public Welfare after a de novo hearing by the state welfare referee.

Judicial review is authorized by Minn.St. 256.045, subds. 7-9. The district court applied the scope of review set forth in the Administrative Procedure Act, Minn.St. 15.0425, and concluded the order was supported by substantial evidence and was not arbitrary or capricious or affected by error of law. We apply the same scope of review. See, Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 826 (Minn.1977).

The issues are whether the boys were living with their mother, within the meaning of Minn.St. 256.12, subd. 14, to qualify her for aid to care for them, or were away from home for special educational needs, to qualify them for an exception to the state’s “physical presence in the home” requirement provided in Minn.Reg. DPW 44(D)(3)(a) 12 MCAR § 2.044(D)(3)(a). As the boys’ needs were essentially eliminated with respect to their dependence on appellant for their daily food, shelter, supervision, we conclude they were not living with her for purposes of any AFDC eligibility based upon their dependency. Because we also conclude that no special educational needs required the boys’ enrollment at the center, which focuses instead on behavioral problems affecting more than their schooling, we hold that the reduction of AFDC benefits reflected a change in need not excepted by the welfare regulation, and was therefore proper.

[76]*76Mary Brunner, divorced, was living in Minneapolis with her three children and receiving AFDC funds from the Hennepin County Welfare Department in 1976 and 1977 when she sent her two sons to North-wood Residential Treatment Center for children with emotional, behavioral, and adjustment problems.

David, age 9 at the time of the state hearing, had begun having behavior problems during the divorce several years earlier, setting fires at home and school and threatening to kill his mother and himself. While he was under psychiatric care, he was placed unsuccessfully in two foster homes and underwent treatment at Abbott Hospital. His psychiatrist recommended the center and a county social worker placed him there in August 1976. He is two years behind in school.

Clayton was 11 at the time of the hearing, and his problems involved aggressiveness and unruly behavior in school, and breaking into neighborhood buildings. He was doing his school assignments, although, like David, he had difficulty learning. At the suggestion of another social worker, the family moved to a new neighborhood and school, but the problems persisted and included one incident with the juvenile court. Northwood personnel suggested Clayton also attend the center.

David came home on weekends at two- to four-week intervals late in 1977 and Clayton came home at Christmas. Alternate weekend trips followed, and Mary and her daughter visited the center as well. The Northwood program is designed to involve the family, uses the home as a base, and is geared toward returning the children to their own home and school.

Lora Guidera, the primary social caseworker for the family since September 1977, testified at a county hearing that both school and home problems were treated at Northwood and that the unique educational needs could not be met by a public school.

The $1,200 monthly cost per child, including clothing and expenses, is paid from county welfare funds. Moreover, it was undisputed in affidavits submitted to this court at our request that the county reimbursed appellant at fixed rates for costs of food and transportation incurred by the visits.

It was also undisputed that those funds were not available for any portion of the $225 rent or the more than $45 utility costs for her present three-bedroom home which includes a room for the boys.

Except for the finding that the agency contended the boys were not living with their mother, the commissioner’s decision did not address that threshold issue. It rested on the ground that the placement did not meet the exception for special educational needs in the department’s regulation. The conclusions stated in part:

“2. There is no evidence that the placement of the children at Northwood was the direct result of the public school not being able to meet their educational needs. We would conclude that both children have serious emotional problems that no doubt are evidenced in their school experiences as well as all of their other relationships. However, we cannot conclude that the purpose of placement at Northwood was because the public school system had failed them or that their primary difficulty was in school.”

1. For purposes of AFDC eligibility, a “ ‘dependent child’ * * * means a child * * * who is living with [a specified relative] in a place of residence maintained by one or more of such relatives as his or their home.” Minn.St. 256.12, subd. 14.

Further, AFDC is a joint federal-state program and a state must determine eligibility for a class of persons by reference to federal standards. Steere v. State, Dep’t. of Public Welfare, 308 Minn. 390, 391, note 1, 243 N.W.2d 112, 114 (1976); Meagher v. Hennepin County Welfare Bd., 300 Minn. 446, 450, 221 N.W.2d 140, 142 (1974), citing Jefferson v. Hackney, 406 U.S. 535, 92 S.Ct. 1724, 32 L.Ed.2d 285 (1972). Since the state definition is essentially identical to the federal definition in the Social Security Act with regard to the “living [77]*77with” requirement,1 the question is whether the agency’s interpretation and application of the definition comports with federal policy. See, King v. Smith, 392 U.S. 309, 333 note 34, 88 S.Ct. 2128, 2141, 20 L.Ed.2d 1118, 1134 (1968).

The regulation promulgated under the federal statute in furtherance of that policy explains:

“A home is the family setting maintained or in process of being established, as evidenced by assumption and continuation of responsibility for day to day care of the child by the relative with whom the child is living. A home exists so long as the relative exercises responsibility for the care and control of the child, even though either the child or the relative is temporarily absent from the customary family setting. Within this interpretation, the child is considered to be ‘living with’ his relative even though:
“(1) He is under the jurisdiction of the court (e. g., receiving probation services or protective supervision); or
“(2) Legal custody is held by an agency that does not have physical possession of the child.”

45 C.F.R.

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Brunner v. State Department of Public Welfare
285 N.W.2d 74 (Supreme Court of Minnesota, 1979)

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Bluebook (online)
285 N.W.2d 74, 1979 Minn. LEXIS 1691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunner-v-state-department-of-public-welfare-minn-1979.