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B.C. v. NDDHS

Citation: 2022 ND 152Docket: 20220100

Court: North Dakota Supreme Court; August 4, 2022; North Dakota; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by a participant in the North Dakota Department of Human Services' autism spectrum voucher program, represented by a parent, against the denial of funding for a gazebo. The participant's therapist recommended the gazebo to address specific autism-related needs, including temperature regulation and insect phobia. However, the Department classified the gazebo as a parental responsibility akin to a fence, which is excluded from funding under the program. The Administrative Law Judge disagreed with the Department's rationale, highlighting the lack of explanation and potential discouragement for applicants. The District Court upheld the Department's decision, prompting an appeal to the Supreme Court of North Dakota. The Supreme Court found the Department's interpretation of its regulations unreasonable and unsupported by evidence, given the specific autism-related benefits of the gazebo. Consequently, the court reversed the District Court's judgment, ruling in favor of the appellant and recognizing the gazebo as a necessary accommodation under the voucher program.

Legal Issues Addressed

Deference to Agency Expertise

Application: The court acknowledged the general principle of deferring to an agency's expertise but found it unwarranted in this instance due to the straightforward nature of the regulation.

Reasoning: The administrative regulation, being straightforward, does not warrant significant deference to the agency's interpretation.

Interpretation of Administrative Regulations

Application: The court found that the North Dakota Department of Human Services' interpretation of its regulations was unreasonable, particularly in categorizing a gazebo as a parental responsibility similar to a fence.

Reasoning: The Supreme Court of North Dakota found that the NDDHS had indeed unreasonably interpreted its regulation and that its legal conclusions were unsupported.

Scope of 'Parental Responsibility' under Autism Voucher Program

Application: The court determined that the Department’s classification of a gazebo as a parental responsibility was not supported by substantial evidence, given its specific use to address autism-related deficits.

Reasoning: The Department's reasoning lacked substantial factual support, as its own findings indicated the gazebo could assist B.C. with significant deficits related to autism, specifically temperature regulation and fear of insects.