STUART v. STATE

No. 90-492

134 N.H. 702 (1991)

RICHARD AND RUTH STUART v. THE STATE OF NEW HAMPSHIRE, DIVISION FOR CHILDREN AND YOUTH SERVICES

Supreme Court of New Hampshire.

October 9, 1991.


Attorney(s) appearing for the Case

Sulloway Hollis & Soden, of Concord (Warren C. Nighswander on the brief and orally), for the plaintiffs.

John P. Arnold, attorney general (David S. Peck, senior assistant attorney general, on the brief and orally), for the State.


THAYER, J.

The plaintiffs appeal from an order of the Superior Court (M. Flynn, J.), denying their petition for declaratory judgment and injunctive relief. The sole issue on appeal is whether the division for children and youth services ("DCYS") must comply with statutory rulemaking procedures, prescribed by the New Hampshire Administrative Procedure Act ("APA"), before it can require applicants for foster care licenses, or persons seeking renewal of such licenses...

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