Pearson v. Juras

505 P.2d 928, 12 Or. App. 345, 1973 Ore. App. LEXIS 1040
CourtCourt of Appeals of Oregon
DecidedFebruary 2, 1973
StatusPublished
Cited by4 cases

This text of 505 P.2d 928 (Pearson v. Juras) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearson v. Juras, 505 P.2d 928, 12 Or. App. 345, 1973 Ore. App. LEXIS 1040 (Or. Ct. App. 1973).

Opinion

FORT, J.

This is an appeal by a claimant for review of the decision of an administrative agency-—here the Public Welfare Division. Respondent Juras is its administrator. As such, following a hearing before, and findings by, a hearing officer, he concluded that the claimant was not eligible for aid to the disabled because she was under 21 and not emancipated.

ORS 412.520 provides:

“Aid shall be granted to any needy person 18 years of age or older who is disabled and who:
“(1) Is a resident of the State of Oregon.
“(2) Is not an inmate of a public institution (except as a patient in a medical institution) or an institution for tuberculosis or mental diseases, but aid may be granted to a recipient who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.
“ (3) Is not receiving any other public assistance from the state or from any instrumentality or political subdivision thereof, except for medical assistance pursuant to ORS chapter 414, or any other type of federally aided public assistance.”

[347]*347It is conceded by the state that claimant fully complied with, the eligibility requirements for aid to the disabled, ORS 412.510-412.630, except in one respect—namely, that she is not a “needy person” within the meaning of ORS 412.520.

That conclusion is based solely upon the ground that although she is over 18, she is an unemancipated minor. It is conceded that she herself is without resources or funds and lacks the capacity to earn any.

Respondent concluded that “[a]gency policy states a minor who is not emancipated is not eligible for Public Assistance in his own right,” and that claimant was unemancipated.

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Related

Joint Council of Teamsters No. 37 v. Oregon Liquor Control Commission
610 P.2d 1250 (Court of Appeals of Oregon, 1980)
Smith v. Peet
564 P.2d 1083 (Court of Appeals of Oregon, 1977)
Cannon v. Juras
521 P.2d 9 (Court of Appeals of Oregon, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
505 P.2d 928, 12 Or. App. 345, 1973 Ore. App. LEXIS 1040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-juras-orctapp-1973.