Jacquins v. Department of Social & Health Services

847 P.2d 513, 69 Wash. App. 21
CourtCourt of Appeals of Washington
DecidedMarch 11, 1993
DocketNo. 11555-1-III
StatusPublished

This text of 847 P.2d 513 (Jacquins v. Department of Social & Health Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacquins v. Department of Social & Health Services, 847 P.2d 513, 69 Wash. App. 21 (Wash. Ct. App. 1993).

Opinion

Shields, C.J.

The Washington State Department of Social and Health Services (DSHS) appeals a superior court decision ordering it to pay Dorothy Jaquins financial and medical assistance retroactive to March 30, 1989, and attorney fees. The main issue on appeal is whether RCW 74.12-.330 requires DSHS to provide financial assistance to certain individuals not eligible for federal matching funds. We affirm.

Eddie and Adela Clark's natural mother is in Oregon on a 5-year state-sponsored drug rehabilitation program. Their natural father's whereabouts has been unknown for at least [24]*243 years. No other relatives are willing to care for Eddie and Adela. Eleven years ago, when Eddie was 3 and Adela was 2, their mother gave them into the care of Mrs. Jaquins. The Yakima County Superior Court granted her permanent legal custody of the children on March 24, 1982, and she has cared for the children ever since. Mrs. Jaquins is 67 years old, retired, and partially disabled because of phlebitis. She is not a blood relative, nor has she applied to become a foster parent. Eddie, Adela, and Mrs. Jaquins subsist on her Social Security checks and food stamps, roughly $500 per month, and little else.

Mrs. Jaquins has found it difficult to obtain additional public assistance to support Eddie and Adela. In 1988, she applied to DSHS for financial assistance and was denied. She requested an adjudicative hearing under RCW 74.08-.080, but her request was untimely. On March 19, 1989, Eddie broke his clavicle, and Mrs. Jaquins again turned to DSHS for help.

The DSHS application form Mrs. Jaquins dated March 22, 1989, does not specify any particular program from which assistance will be given, such as Aid to Families With Dependent Children (AFDC) or the Limited Casualty Program — Medically Needy. Rather, the form presents applicants with a series of boxes to check: "I/WE NEED FINANCIAL HELP"; "I/WE NEED MEDICAL HELP"; and "I/WE HAVE A MEDICAL EMERGENCY". Mrs. Jaquins checked the two boxes mentioning medical help and medical emergency, and left the box mentioning financial help blank. She listed all of her financial information on the form, including her Social Security and Supplemental Security Income checks, Medicare, all other sources of income, and all real property owned.

DSHS denied Mrs. Jaquins' request in a form letter, with the following handwritten reason: "To qualify for medical under ADC R you must be living with a relative of specified degree". (Italics ours.) On June 8, 1989, Mrs. Jaquins timely requested an adjudicative hearing. In that request, she specifically asked for both financial and medical assistance.

[25]*25In the July 11, 1989, hearing, the administrative law judge (ATJ) held that Mrs. Jaquins was eligible for both financial and medical assistance. The ALJ made several findings of fact, including: Mrs. Jaquins requested an adjudicative hearing for denial of AFDC financial and medical assistance; DSHS had decided the application as a claim for AFDC financial assistance; and none of Eddie and Adela's living relatives were willing to care for them. The AU concluded that Mrs. Jaquins was entitled to financial and medical assistance under RCW 74.12.330, notwithstanding she was not a "relative of specified degree".

DSHS appealed to an agency review judge (RJ). The RJ denied both medical and financial assistance. He adopted the AU's findings of fact, except he did not find substantial evidence to support the AU's finding of fact that DSHS had decided the application as a claim for AFDC financial assistance. Thus, he concluded there was no application for financial assistance.

The RJ denied medical assistance on the basis that Eddie and Adela did not meet the nonfinancial AFDC eligibility criteria, including RCW 74.12.330. He concluded that RCW 74.12.330 only applies to children who have already qualified for AFDC grants. He interpreted RCW 74.12.330 to mean that children who had lived with a "relative of specified degree", but were temporarily transferred to another caretaker, could receive interim payments until more permanent arrangements were made.

Mrs. Jaquins timely appealed this final agency action to the Yakima County Superior Court. She moved for summary judgment as to both financial and medical assistance. The court found there were no genuine issues of material fact and accepted March 22, 1989, as the date of Mrs. Jaquins' application for financial assistance. The court concluded that RCW 74.12.330 authorized both financial and medical assistance. On March 22, 1991, it granted the motion for summary judgment and ordered DSHS to pay financial and medical assistance, retroactive to March 30, 1989. DSHS promptly appealed.

[26]*26After the court order on March 22, 1991, DSHS did not pay Mrs. Jaquins. Two months later, Mrs. Jaquins moved to enforce the judgment. The Superior Court granted her motion as to all assistance accruing after March 22, 1991, but stayed enforcement of the retroactive portion of the assistance pending a decision on appeal. On May 28, DSHS moved this court to stay payment of assistance ordered in the motion for enforcement. A Court of Appeals commissioner denied the motion.

On appeal DSHS only contests Mrs. Jaquins' right to financial assistance. Her eligibility for medical assistance is not at issue.

DSHS first contends the Superior Court lacked jurisdiction on the issue of financial assistance because Mrs. Jaquins failed to check that particular box on her application form. DSHS argues her failure to check this box meant she could not raise the issue of financial assistance on appeal to an AU, her 1988 request for adjudicative hearing was untimely, and she lacked standing to appeal.

We review the Superior Court's action de novo, since the question is whether the agency properly applied the law to the facts. Franklin Cy. Sheriff's Office v. Sellers, 97 Wn.2d 317, 329-30, 646 P.2d 113 (1982), cert. denied, 459 U.S. 1106 (1983).

Due process requires administrative agencies to give those it regulates full and fair opportunity to be heard on the merits of their claims. Goldberg v. Kelly, 397 U.S. 254, 25 L.Ed. 2d 287, 90 S. Ct. 1011 (1970). DSHS hearings are required by statute to be "conducted with the greatest degree of informality consistent with fairness . . .". RCW 34.12.010. Accordingly, pleading in the administrative context is much more flexible than it is in civil court. Marysville v. Puget Sound Mr Pollution Control Agency,

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Bluebook (online)
847 P.2d 513, 69 Wash. App. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacquins-v-department-of-social-health-services-washctapp-1993.