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ELLINGHAM v. FLORIDA DCF

No. 1D03-2971.

896 So.2d 926 (2005)

Bridget ELLINGHAM, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.

District Court of Appeal of Florida, First District.

March 4, 2005.

Attorney(s) appearing for the Case

William N. Swift, of William N. Swift, P.A., Palm City, for Appellant.

Laurel Hopper, Department of Children and Family Services, Ft. Pierce, for Appellee.

BROWNING, J.

Appellant is an 18-year-old who is mentally retarded and has Down syndrome. Her mother applied for developmental disabilities services through the Department of Children & Family Services (DCF) several times, the latest request being on March 26, 2002. DCF denied funds to Appellant, alleging unavailability of funds as a defense to payment. Appellant sought review of the decision. At a formal hearing, both parties stipulated that Appellant was eligible...

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