McCann-Cross, Donicha v. Department of Health and Social Services Audit and Recovery Management Services

• Court: Supreme Court of Delaware
• Decided: January 7, 2026
• Docket: 227, 2025
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DONICHA MCCANN-CROSS, § § No. 227, 2025 Appellant Below, § Appellant, § Court Below—Superior Court of § the State of Delaware v. § § C.A. No. K24A-10-001 DEPARTMENT OF HEALTH AND § SOCIAL SERVICES AUDIT AND § RECOVERY MANAGEMENT § SERVICES, § § Appellee Below, § Appellee. §

Submitted: October 24, 2025 Decided: January 7, 2026

Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices.

ORDER

After careful consideration of the parties’ briefs and the record on appeal, we

find it evident that the Department of Health and Social Services’ decision finding

that the appellant owed $2,341.00 for food benefit overpayments should be affirmed

for the reasons stated in the Superior Court’s order dated April 22, 2025. The

appellant did not make any arguments in her opening brief regarding the non-

attorney investigator’s appearance on behalf of the Department of Health and Social Services at the administrative hearing and has therefore waived consideration of that

claim.1

NOW, THEREFORE, IT IS ORDERED, that the judgment of the Superior

Court is AFFIRMED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice

1 Supr. Ct. R. 14(b)(vi)(A)(3); Murphy v. State, 632 A.2d 1150, 1152 (Del. 1993).