Bucchere v. Rowe

648 A.2d 173, 43 Conn. Super. Ct. 175, 43 Conn. Supp. 175, 1994 Conn. Super. LEXIS 1820
CourtConnecticut Superior Court
DecidedJuly 14, 1994
DocketFile 528587
StatusPublished

This text of 648 A.2d 173 (Bucchere v. Rowe) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bucchere v. Rowe, 648 A.2d 173, 43 Conn. Super. Ct. 175, 43 Conn. Supp. 175, 1994 Conn. Super. LEXIS 1820 (Colo. Ct. App. 1994).

Opinion

Maloney, J.

The plaintiff appeals a decision of the defendant commissioner of social services denying her application for Title XIX medicaid benefits. The plaintiff appeals pursuant to General Statutes § 4-183. The court finds the issues in favor of the defendant.

The essential facts are not in dispute. The plaintiff was born on January 23,1976. On April 24,1992, when she was sixteen years of age, the Superior Court issued an order emancipating the plaintiff pursuant to General Statutes § 46b-150. The apparent basis of that order was, inter alia, that she was living separate and apart from her parents at that time.

Subsequent to her emancipation, the plaintiff became pregnant. During her pregnancy and, as she states in *176 her brief, “because of her medical condition,” she moved back to live with her father and her stepmother.

On March 19, 1993, when she was seventeen years of age, still pregnant, and living in her father’s household, the plaintiff applied to the department of social services (department) for benefits under the federal and state jointly funded “healthy start” program. This program, which is part of medicaid, provides medical benefits to pregnant women who satisfy the financial requirements of the law. On April 20,1993, the department denied the application on the basis that the plaintiff’s income, including that which was deemed available to her from her father, disqualified her under the law and applicable regulations. On July 6, 1993, following a fair hearing, the department’s hearing officer rendered a final decision affirming the denial of benefits. It is that decision that is the subject of this appeal.

The basis of the hearing officer’s decision was that the plaintiff’s income, when combined with that of her father, exceeded the level that would qualify her for the benefits she sought. The undisputed facts found by the hearing officer were that the plaintiff received income of $319 per month and that her father received $4480 per month, for a combined total income of $4799 per month. According to the applicable regulations, which the plaintiff does not dispute, an individual’s monthly income may not exceed $1833.35 per month, in a three person household, in order to qualify for the benefits.

The crux of the plaintiff’s appeal is that the department erroneously included the father’s income in determining her ineligibility for the benefits. She argues that her emancipation completely and for all purposes terminated the parent-child relationship. In particular, she argues, the statute under which she obtained her emancipation explicitly relieved her father of the obligation *177 to provide any support or assistance to her. It follows, she argues, that it is unreasonable and improper for the department to deem the father’s income to be “available” to her and thus includible in the eligibility determination.

Section 5020.10 of the department’s uniform policy manual provides that the income of the parent of a minor pregnant woman is “deemed” available to the woman for purposes of determining her eligibility for benefits under the healthy start program. This “deeming” provision is subject to the conditions that “a. the parent is living with the assistance unit [the pregnant minor daughter]; and b. the minor parent [the pregnant minor daughter] is less than 18 years of age.” The department’s uniform policy manual is the equivalent of a state regulation and, as such, carries the force of law. General Statutes § 17-3f (c); Richard v. Commissioner of Income Maintenance, 214 Conn. 601, 573 A.2d 712 (1990).

The federal progenitors of § 5020.10 of the department’s policy manual are provisions of the federal law and regulations relating to the Aid to Families with Dependent Children (AFDC) program, which also control the eligibility requirements for the healthy start program. These are 42 U.S.C. § 602 (a) (39) and the regulations promulgated thereunder; in particular, 45 C.F.R. § 233.20. This statute and its regulations provide that the state agency administering the program include the income of a minor’s parents in determining the minor’s eligibility in a case where the minor lives with her parents. A minor is defined as an individual who has not attained eighteen years of age.

The secretary of health and human services (secretary) is responsible for administering and enforcing the federal statutes and regulations in this field. In the course of performing these responsibilities, the secre *178 tary, from time to time, issues “interpretive rules.” In response to an inquiry about a situation exactly similar to that presented in the present case, the secretary ruled that parental income is deemed available to a minor who lives with her parents even in the instance where the minor is emancipated under applicable provisions of state law.

“Although the construction and interpretation of a statute is a question of law for the courts to decide ... it is a well established practice of [the] court to accord great deference to the construction given [a] statute by the agency charged with its enforcement.” Starr v. Commissioner of Environmental Protection, 226 Conn. 358, 372, 627 A.2d 1296 (1993). “This principle applies with even greater force to an agency’s interpretation of its own duly adopted regulations.” Griffin Hospital v. Commission on Hospitals & Health Care, 200 Conn. 489, 497, 512 A.2d 199 (1986). It is undisputed that the department is responsible for enforcing the state statutes and regulations in question. This court is required, therefore, to accord great deference to the interpretation of those statutes and regulations given by the department. This does not mean that the court must abdicate its adjudicative function in interpreting the law, but it does mean that where there are different but equally plausible interpretations of a statute or regulation, the court must give due deference to that interpretation followed by the administrative agency concerned. Starr v. Commissioner of Environmental Protection, supra, 376.

Similar rules of deference to administrative interpretations of statutes and regulations pertain in the federal arena. See Chevron U.S.A. v. National Resources Defense Council, 467 U.S. 837, 844, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984); Miller v. Youakim, 440 U.S. 125, 144, 99 S. Ct. 957, 59 L. Ed. 2d 194 (1979). The latter case is particularly significant in the context of

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller v. Youakim
440 U.S. 125 (Supreme Court, 1979)
Harris v. McRae
448 U.S. 297 (Supreme Court, 1980)
United States v. Mottaz
476 U.S. 834 (Supreme Court, 1986)
Kratzer v. Commonwealth, Department of Public Welfare
481 A.2d 1380 (Commonwealth Court of Pennsylvania, 1984)
Griffin Hospital v. Commission on Hospitals & Health Care
512 A.2d 199 (Supreme Court of Connecticut, 1986)
Richard v. Commissioner of Income Maintenance
573 A.2d 712 (Supreme Court of Connecticut, 1990)
Connecticut Light & Power Co. v. Department of Public Utility Control
591 A.2d 1231 (Supreme Court of Connecticut, 1991)
Starr v. Commissioner of Environmental Protection
627 A.2d 1296 (Supreme Court of Connecticut, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
648 A.2d 173, 43 Conn. Super. Ct. 175, 43 Conn. Supp. 175, 1994 Conn. Super. LEXIS 1820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bucchere-v-rowe-connsuperct-1994.