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J.P. v. STARK COUNTY SOCIAL SERVICES BD.

No. 20070004.

737 N.W.2d 627 (2007)

2007 ND 140

J.P., a minor child, Petitioner and Appellant, v. STARK COUNTY SOCIAL SERVICES BOARD and the North Dakota Department of Human Services, Respondents and Appellees.

Supreme Court of North Dakota.

August 22, 2007.

Attorney(s) appearing for the Case

Bradley D. Peterson (argued) and Edward B. Reinhardt (appeared), Legal Services of N.D., Bismarck, N.D., for petitioner and appellant.

Jean R. Mullen, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for respondents and appellees.

Todd E. Zimmerman (on brief) and Matthew A. Kipp (on brief), Dorsey & Whitney, Fargo, ND for amicus curiae Fairview Health Services.

SANDSTROM, Justice.

[¶ 1] J.P. appeals a district court judgment affirming a Department of Human Services' order denying medicaid payment for out-of-state medical care. We affirm, concluding the Department's decision is supported by a preponderance of the evidence and the Department is not estopped from denying payment for the out-of-state care.

I

[¶ 2] J.P. and his mother are medicaid recipients receiving medicaid benefits through Stark...

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