Troxell v. Oklahoma Dept. of Human Services

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Parents who adopted special needs children challenged decision by the Department of Human Services (DHS) to provide a lower assistance subsidy for the children than the assistance subsidy that would be paid if the children were in a foster placement. The decision was upheld upon administrative review by DHS and sustained by the district court and Court of Civil Appeals. Parents filed a petition for certiorari, seeking review of the Court of Civil Appeals' decision. The Supreme Court concluded DHS was attempting to apply a predetermined fixed amount of subsidy without allowing adoptive parents to show greater need up to the amount provided for special needs children in foster care. This was contrary to the policy and purpose of the statutory law providing and regulating financial assistance to people who undertake parental responsibility and care of special needs children. The opinion of the Court of Civil Appeals was therefore vacated and the district court order sustaining the decision of the Department of Human Services was reversed. The case was remanded to the Department of Human Services for redetermination of the monthly subsidy amount. View "Troxell v. Oklahoma Dept. of Human Services" on Justia Law