RIOS v. S.D. DEPT. OF SOCIAL SERVICES

Nos. 15683, 15703.

420 N.W.2d 757 (1988)

Thelma RIOS, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 9, 1988.

Rehearing Denied April 19, 1988.


Attorney(s) appearing for the Case

Mark Falk of Black Hills Legal Services, Inc., Rapid City, for plaintiff and appellant.

William J. Nevin, Asst. Atty. Gen., Pierre, for defendant and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.


HENDERSON, Justice.

ACTION/PROCEDURAL HISTORY

Defendant-Appellee, the South Dakota Department of Social Services (DSS), required Plaintiff-Appellant, Thelma Rios, to report foster care payments, for children placed with her, as household income for purposes of food stamp eligibility. After an administrative hearing in which the hearing examiner determined that DSS was essentially correct, Rios appealed to the circuit court of the Seventh Judicial Circuit...

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