Portman v. Department of Human Services

914 N.E.2d 1186, 393 Ill. App. 3d 1084
CourtAppellate Court of Illinois
DecidedAugust 28, 2009
Docket2-08-0406
StatusPublished
Cited by9 cases

This text of 914 N.E.2d 1186 (Portman v. Department of Human Services) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Portman v. Department of Human Services, 914 N.E.2d 1186, 393 Ill. App. 3d 1084 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE ZENOFF

delivered the opinion of the court:

Plaintiff, Danny Portman, appeals from the trial court’s affirmance of the decision of defendant the Illinois Department of Human Services (IDHS) denying plaintiff’s application for child care assistance. Plaintiff contends that IDHS erred in determining that he was not eligible for child care assistance based upon the finding that he was not a custodial parent under IDHS’s regulations (89 Ill. Adm. Code §50.210, amended at 28 Ill. Reg. 6895, eff. April 23, 2004). For the following reasons, we affirm.

BACKGROUND

In November 2002, a judgment for dissolution of marriage was entered, dissolving plaintiff’s marriage to Judy Portman. Incorporated into the judgment for dissolution was a marital settlement agreement executed by plaintiff and Judy, which provided that plaintiff and Judy were to share “joint, legal custody” of their two children. The agreement further provided that Judy was to be the “primary residential parent” of the children. According to the agreement, the parents were to equally divide parenting time with the children, and plaintiff was to pay Judy $500 per month in child support. Also incorporated into the judgment for dissolution was a joint parenting agreement executed by plaintiff and Judy. The joint parenting agreement provided that plaintiff and Judy were to have joint custody of their two children. The joint parenting agreement stated that the term “joint custody” was to mean, for purposes of the agreement, “that the parties will consult with each other and consider the other’s views with respect to the rearing and overall well-being of the children, and on all matters which relate to, or may impact in any way upon, the children, and on the issues of the children’s growth and development.” The joint parenting agreement also designated Judy as the “primary residential parent” of the children and provided that plaintiff was to have parenting time with the children as delineated in the marital settlement agreement.

According to the findings of fact made by the IDHS hearing officer (which neither of the parties dispute), plaintiff received child care assistance from IDHS through September 30, 2006. At the end of August 2006, plaintiff filed an IDHS form entitled “Request for Redetermination Information.” On October 26, 2006, IDHS issued to plaintiff a notice indicating that his request for “redetermination” had been denied. The notice gave the following reason for denying plaintiff’s request: “Per our records Judy Portman, who you pay child support to is the mother of the kids you are requesting care for.” Plaintiff appealed the decision to deny him child care assistance.

A hearing was held with an IDHS hearing officer. During that hearing, plaintiff argued that he should receive child care assistance because the children live with him 50% of the time. In support of his position, plaintiff submitted a letter from Judy that stated she and plaintiff shared joint custody of their children. According to the letter, the arrangement between plaintiff and Judy provides that plaintiff has the children two days per week, Judy has the children two days per week, and plaintiff and Judy alternate the weekends. Plaintiff also submitted a letter from the director of early childhood education at the child care provider for his children, which stated that plaintiff regularly dropped off and picked up his children from the child care provider.

On June 8, 2007, IDHS issued its final decision. In the decision, IDHS adopted the hearing officer’s findings of fact and determined that plaintiff was not eligible for child care assistance. IDHS’s decision was based on the determination that Judy, rather than plaintiff, was the custodial parent under IDHS’s regulations, because she was the primary residential parent.

Plaintiff filed a complaint for administrative review in the circuit court on July 9, 2007. Following briefing and a hearing, the trial court affirmed IDHS’s decision. Plaintiff filed a motion for reconsideration, which the trial court denied. Plaintiff filed this timely appeal.

ANALYSIS

Before addressing the merits of plaintiffs contentions, we note that despite the parties’ beliefs that the Administrative Review Law (735 ILCS 5/3 — 101 et seq. (West 2006)) applies to IDHS’s decision, it does not. An administrative agency’s decision is subject to review under the Administrative Review Law only where “the Act creating or conferring power on such agency, by express reference, adopts the provisions of [the Administrative Review Law] or its predecessor, the Administrative Review Act.” 735 ILCS 5/3 — 102 (West 2006). The statute granting IDHS the power to provide child care assistance and to specify the eligibility requirements for obtaining child care assistance appears in Article 9A of the Public Aid Code. 305 ILCS 5/9A — 11 (West 2006). The Public Aid Code, however, makes the Administrative Review Law applicable only to Articles 3, 4, and 5 of the Public Aid Code. 305 ILCS 5/11 — 8.7 (West 2006). Thus, the Administrative Review Law does not apply to decisions regarding child care assistance, because the Public Aid Code does not expressly make the Administrative Review Law applicable to those decisions. See Chicago Title Land Trust Co. v. Board of Trustees, 376 Ill. App. 3d 494, 499 (2007) (Administrative Review Law did not apply to decision made by the board of trustees where the governing statute made the Administrative Review Law applicable only to decisions of the board of appeals).

Where the Administrative Review Law does not apply, parties may still seek review of a final administrative decision through the common-law writ of certiorari. Stratton v. Wenona Community Unit District No. 1, 133 Ill. 2d 413, 427 (1990). The common-law writ of certiorari was developed to serve as a means for review of actions taken by a court or other tribunal exercising quasi-judicial functions, where no other means was available. Stratton, 133 Ill. 2d at 427. “The differences which once existed between the statutory and common law methods of reviewing decisions of administrative agencies have been all but lost, and now the nature and extent of judicial review is virtually the same under both methods.” Dubin v. Personnel Board, 128 Ill. 2d 490, 498 (1989).

Numerous cases have held that a complaint for review of an administrative agency’s decision, erroneously filed under the Administrative Review Law (or its predecessor), is sufficient to allow for judicial review pursuant to the common-law writ of certiorari. See Homefinders, Inc. v. City of Evanston, 65 Ill. 2d 115, 122 (1976) (holding that a complaint filed under the Administrative Review Law’s predecessor, where the Administrative Review Law’s predecessor did not apply, was sufficient to warrant treatment as a common-law writ of certiorari), Nowicki v. Evanston Fair Housing Review Board, 62 Ill. 2d 11, 15 (1975) (same); Maddox v. Williamson County Board of Commissioners, 131 Ill. App.

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Bluebook (online)
914 N.E.2d 1186, 393 Ill. App. 3d 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portman-v-department-of-human-services-illappct-2009.