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LAUTH v. STATE

No. S-9096.

12 P.3d 181 (2000)

Donna LAUTH, Appellant, v. STATE of Alaska, Department of Health and Social Services, Division of Public Assistance, Appellee.

Supreme Court of Alaska.

November 9, 2000.

Attorney(s) appearing for the Case

Mark Regan, Jennifer Beardsley, Alaska Legal Services Corporation, Juneau, Robert K. Hickerson, Alaska Legal Services, Anchorage, for Appellant.

Shannon O'Fallon, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Appellees.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

In 1996 the legislature created the Alaska Temporary Assistance Program (ATAP) to provide welfare benefits to needy children and their families. Donna Lauth is an ATAP applicant whose application for benefits was denied because she did not have "physical custody" of her children as defined in the ATAP regulations. Lauth appeals that denial, asserting that the regulatory definition is...

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